| Part of the LGBTQ rights series |
 LGBTQportal |
Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the Constitution of Hungary, which took effect in January 2012.
Cohabitation law applies to couples living together in an economic and sexual relationship, including opposite-sex and same-sex couples. No official registration is required. Hungarian law gives some specified rights and benefits to two persons living together. These rights include hospital visitation and access to medical information, prison visitation rights for the partner of an incarcerated person, right to make decisions about the deceased partner's funeral, right to declare a same-sex partner as a next of kin, widow's pension, immigration rights, etc. Some of these benefits require an official statement from the social department of the local government that proves that the partners are indeed cohabiting.
In 2007, the Gyurcsány Government, comprising the Alliance of Free Democrats (SZDSZ) and the Hungarian Socialist Party (MSZP), submitted a bill to the National Assembly to establish registered partnerships for both same-sex and opposite-sex couples. Parliament adopted the bill on 17 December 2007. [1] This act would have provided all of the rights of marriage to registered partners except for the ability to adopt and to take a common surname. The registered partnership act would have entered into force on 1 January 2009, but on 15 December 2008 the Hungarian Constitutional Court declared it unconstitutional on the grounds that it duplicated the institution of marriage for opposite-sex couples. The court found that a registered partnership law that only applied to same-sex couples would be constitutional; indeed, it opined that the Parliament had a duty to introduce such a law. Prime Minister Ferenc Gyurcsány instructed the Minister of Justice, Tibor Draskovics, to draft a new, revised bill that would conform to the court's decision.
On 23 December 2008, the government announced that it would introduce a new registered partnership bill in line with the Constitutional Court's decision. The legislation would offer same-sex couples all of the rights offered by the previous act, and would be presented to Parliament as early as February 2009. [2] On 12 February 2009, the government approved the new bill, [3] and it was adopted 199–159 with 8 abstentions by the National Assembly on 20 April 2009. [4] Those voting in favour were members of the ruling Socialist and Alliance of Free Democrats parties, while those opposing were members of Fidesz, the Christian Democratic People's Party and 6 independents. The 8 lawmakers who abstained were all independents. The new registered partnership act took effect on 1 July 2009. On 23 March 2010, the Constitutional Court ruled that the law is constitutional. [5]
Registered partnerships (Hungarian : bejegyzett élettársi kapcsolat, [6] pronounced [ˈbɛ.jɛɟzɛtːˈeːlɛtːaːrʃiˈkɒptʃolɒt] ) are only open to same-sex couples. Registered partners are entitled to the same inheritance and property rights, widow's pension, tax benefits, social benefits, and immigration and naturalization rights as married spouses. Partners are also entitled to receive information about the health of their partner and make medical decisions if the partner cannot do so themselves (e.g. accident), are treated as next-of-kin in criminal law, and are protected from domestic violence. Unlike married spouses, registered partners cannot take a common surname, adopt or participate in artificial insemination. [7]
In February 2018, the Budapest District Court ruled that Hungary must recognize same-sex marriages performed abroad as registered partnerships. [8]
The number of registered partnerships established in Hungary per year is shown in the table below. [9] [10] [11]
| 2009 | 2010 | 2011 | 2012 | 2013 | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | 2021 | 2022 | 2023 | Total | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Female | 49 | 61 | 24 | 32 | 21 | 30 | 36 | 50 | 49 | 44 | 43 | 44 | 64 | 53 | 64 | 664 |
| Male | 18 | 19 | 21 | 9 | 9 | 12 | 29 | 34 | 38 | 86 | 66 | 80 | 76 | 98 | 113 | 708 |
| Total | 67 | 80 | 45 | 41 | 30 | 42 | 65 | 84 | 87 | 130 | 109 | 124 | 140 | 151 | 167 | 1,362 |
In September 2007, the liberal Alliance of Free Democrats, part of the governing coalition since the 2002 elections, presented a draft same-sex marriage bill to the Parliament's Human Rights Committee. This would have defined marriage as the union of "two persons" over the age of 18 irrespective of gender. [12] On 6 November 2007, the committee rejected the bill without debate. Opponents of the bill pointed to a Constitutional Court ruling a few months earlier that defined the institution of marriage as a bond "between a man and a woman". [13]
On 1 January 2012, a new constitution enacted by the government of Viktor Orbán, leader of the ruling Fidesz party, came into effect, restricting marriage to opposite-sex couples and containing no guarantees of protection from discrimination on account of sexual orientation. [14] Article L reads: "Hungary shall protect the institution of marriage as the union of a man and a woman established by voluntary decision, and the family as the basis of the nation's survival." [a] On 29 June 2015, Deputy Gábor Fodor from the Liberal Party introduced a constitutional amendment to define marriage as "a union of two people" and a bill to make appropriate changes in statutory laws. [17] [18] [19] [20] Both measures were rejected by the Parliament's Justice Committee on 26 October 2015. [17] [18] [21]
The Catholic Church opposes same-sex marriage and does not allow its priests to officiate at such marriages. In December 2023, the Holy See published Fiducia supplicans , a declaration allowing Catholic priests to bless couples who are not considered to be married according to church teaching, including the blessing of same-sex couples. [22] The Hungarian Catholic Bishops' Conference released a statement on 27 December stressing that the "declaration does not change Church teaching on marriage and sexual morality", adding that "considering the pastoral situation of our country, the bishops' conference formulates as a guideline for pastors that we can bless all people individually, regardless of their gender identity and sexual orientation, but we should always avoid giving a common blessing to couples who live together in a purely conjugal relationship, in a non-ecclesially valid marriage or in a same-sex relationship." [23]
The Reformed Church of Hungary considers marriage "the lifelong alliance between a man and a woman, as the good order of creation of God", and does not allow its clergy to bless same-sex unions. [24] The Evangelical-Lutheran Church in Hungary also does not permit its clergy to bless same-sex unions. [25]
Several opinion polls have been conducted to gauge the attitudes of Hungarians on the issue of same-sex marriage and registered partnerships. A Eurobarometer survey released in December 2006 found that 18% of Hungarians believed same-sex marriages should be allowed throughout Europe. [26] A poll conducted by Medián in July 2007 showed that 30% of respondents considered it "acceptable" for same-sex couples to get married, [27] and a poll by MASMI (Market Research & Public Opinion Polling) published in December 2007 showed that 35% of Hungarians were in favour of allowing same-sex couples to marry. [28]
A poll by Szonda Ipsos in September 2009 found that the majority of Hungarians, 58%, supported the newly introduced registered partnership law for same-sex couples. [29]
A May 2013 Ipsos poll found that 30% of respondents were in favour of same-sex marriage and another 21% supported other forms of recognition for same-sex couples. [30] The 2015 Eurobarometer found that 39% of Hungarians thought same-sex marriage should be allowed throughout Europe, while 53% were opposed. [31]
A 2016 opinion poll conducted by Budapest Pride and Integrity Lab found that 36% of Hungarians were in favour of same-sex marriage, while 56% were opposed and 7% were undecided (21% "strongly" supported, 15% "somewhat" supported, 15% "somewhat" opposed and 41% "strongly" opposed). The poll also found that 60% of the population agreed that lesbian, gay and bisexual people should have the same rights as heterosexual people, and 46% supported adoption rights for same-sex couples with 47% opposed. Support for same-sex marriage was higher among women (40%) than men (33%), higher among university graduates (43%), and higher among people who personally knew a gay person (46%). Opposition was mainly concentrated among religious people, with 75% of regular church attendees opposing same-sex marriage, decreasing based on the level of church attendance, and among voters of the ruling Fidesz party (71%). Among irreligious people, support and opposition both stood at 47%. Despite a majority of Hungarians opposing same-sex marriage, the poll found that 60% disagreed with the belief that same-sex marriage poses a threat to Hungarian values and 66% were of the opinion that "same-sex couples want to get married as a show of their mutual love and devotion". [32]
A poll by Pew Research Center published in May 2017 found that 27% of Hungarians were in favor of same-sex marriage, while 64% opposed it. Support was highest among non-religious people (34%) and 18–34 year olds (39%), but lowest among Catholics (25%) and people aged 35 and over (23%). [33] The 2019 Eurobarometer found that 33% of Hungarians thought same-sex marriage should be allowed throughout Europe, while 61% were opposed. [34]
A May 2021 Ipsos poll showed that 46% of Hungarians supported same-sex marriage, 20% supported partnerships but not marriage, while 18% were opposed to all legal recognition for same-sex couples, and 17% were undecided. [35] A GLOBSEC survey conducted in March 2023 showed that 56% of Hungarians supported same-sex marriage, while 37% were opposed. This was the first time a poll had found majority support for same-sex marriage in Hungary. [36] A Pew Research Center poll conducted between February and May 2023 showed that 31% of Hungarians supported same-sex marriage, 64% were opposed and 5% did not know or had refused to answer. When divided by political affiliation, support was highest among those on the left of the political spectrum at 50%, followed by those at the center at 33% and those on the right at 25%. [37]
A 2023 Ipsos poll showed that 47% of Hungarians supported same-sex marriage, while 20% supported civil unions or other types of partnerships but not marriage, 18% were undecided and 16% were opposed to all recognition for same-sex couples. [38] The 2023 Eurobarometer found that 42% of respondents thought same-sex marriage should be allowed throughout Europe, while 52% were opposed. The survey also found that 49% of Hungarians thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 46% disagreed. [39]
Same-sex marriage has been legal in Belgium since 1 June 2003. A bill for the legalization of same-sex marriages was passed by the Senate on 28 November 2002, and by the Chamber of Representatives on 30 January 2003. King Albert II granted his assent, and the bill entered into force on 1 June. Polling indicates that a significant majority of Belgians support the legal recognition of same-sex marriage. Belgium was the second country in the world to legalise same-sex marriage, after the Netherlands.
Same-sex marriage has been legal in Germany since 1 October 2017. A bill for the legalisation of same-sex marriage passed the Bundestag on 30 June 2017 and the Bundesrat on 7 July. It was signed into law on 20 July by President Frank-Walter Steinmeier and published in the Federal Law Gazette on 28 July 2017. Previously, the governing CDU/CSU had refused to legislate on the issue of same-sex marriage. In June 2017, Chancellor Angela Merkel unexpectedly said she hoped the matter would be put to a conscience vote. Consequently, other party leaders organised for a vote to be held in the last week of June during the final legislative session before summer recess. The Bundestag passed the legislation on 30 June by 393 votes to 226, and it went into force on 1 October. Polling suggests that a significant majority of Germans support the legal recognition of same-sex marriage. Germany was the first country in Central Europe, the fourteenth in Europe, and the 22nd in the world to allow same-sex couples to marry nationwide.
Romania does not allow same-sex marriage or civil unions. Registered partnerships have been debated in the Parliament of Romania several times since 2008, though no bill on the matter has successfully passed. In May 2023, the European Court of Human Rights ruled that Romania was violating the European Convention on Human Rights by not recognizing same-sex unions. The government appealed the decision to the Grand Chamber in August 2023, but this appeal was rejected on 25 September 2023. Romania is now legally obliged to provide legal recognition to same-sex couples, and may risk financial sanctions from the Council of Europe if it fails to change the law.
Poland does not legally recognize same-sex marriages or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights with regard to the tenancy of a shared household. A few laws also guarantee certain limited rights to cohabiting couples, including same-sex couples. Same-sex spouses of European Union citizens also have access to residency rights under a June 2018 ruling from the European Court of Justice.
The Czech Republic has offered registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The country also grants unregistered cohabitation status to "persons living in a common household" giving couples inheritance and succession rights in housing.
Same-sex marriage has been legal in Slovenia since 9 July 2022 in accordance with a ruling from the Constitutional Court of Slovenia. The court had ruled that the ban on same-sex marriages violated the Constitution of Slovenia and gave the Parliament six months to amend the law to align with the ruling, although the decision took effect immediately after publication. The National Assembly passed legislation to align with the court ruling on 4 October 2022, which was vetoed by the National Council one week later, but the veto was then overridden by the National Assembly on 18 October 2022.
Italy has recognised civil unions since 5 June 2016, providing same-sex couples with most of the legal protections, benefits and rights of marriage. A bill to this effect was approved by the Senate on 25 February 2016 and by the Chamber of Deputies on 11 May. It was signed into law by President Sergio Mattarella on 20 May, published in the Gazzetta Ufficiale the next day and took effect on 5 June 2016. The law does not grant same-sex couples joint adoption rights or access to in vitro fertilisation. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these unions varied from place to place.
Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."
Latvia has recognised same-sex civil unions since 1 July 2024. On 9 November 2023, the Saeima passed legislation establishing civil unions conferring similar rights and obligations as marriage with the exception of adoption and inheritance rights. The bill was signed into law by President Edgars Rinkēvičs in January 2024, and took effect on 1 July 2024. This followed a ruling from the Constitutional Court of Latvia on 12 November 2020 that the Latvian Constitution entitles same-sex couples to receive the same benefits and protections afforded by Latvian law to married opposite-sex couples. However, the Constitution has also prohibited the recognition of same-sex marriage since 2006.
Lithuania does not recognise same-sex marriages or civil unions. A bill to legalise civil unions and grant same-sex couples some legal rights and benefits is pending in the Seimas. Lithuania is the only Baltic state to not recognise same-sex couples in any form. Additionally, the Constitution of Lithuania explicitly prohibits the recognition of same-sex marriages.
Same-sex marriage has been legal in Estonia since 1 January 2024. The government elected in the March 2023 election, led by Prime Minister Kaja Kallas and consisting of the Reform Party, the Social Democrats and Estonia 200, vowed to legalize same-sex marriage. Legislation to open marriage to same-sex couples was introduced to the Riigikogu in May 2023, and was approved in a final reading by 55 votes to 34 on 20 June. It was signed into law by President Alar Karis on 27 June, and took effect on 1 January 2024. Estonia was the first Baltic state, the first post-Soviet state, the twentieth country in Europe, and the 35th in the world to legalise same-sex marriage.
Same-sex marriage has been legal in Austria since 1 January 2019. On 4 December 2017, the Constitutional Court ruled that the non-discrimination and equality provisions of the Constitution of Austria guarantee same-sex couples the right to marry. The decision took effect on 1 January 2019, making Austria the 24th country in the world and the fifteenth in Europe to allow same-sex couples to marry nationwide. Polling indicates that a majority of Austrians support the legal recognition of same-sex marriage.
Same-sex marriage has been legal in Sweden since 1 May 2009 following the adoption of a gender-neutral marriage law by the Riksdag on 1 April 2009. Polling indicates that an overwhelming majority of Swedes support the legal recognition of same-sex marriage. Sweden was the second Scandinavian country, the fifth in Europe and the seventh in the world to open marriage to same-sex couples nationwide. Existing registered partnerships remain in force and can be converted to marriages if the partners so desire, either through a written application or through a formal ceremony. New registered partnerships are no longer able to be entered into and marriage is now the only legally recognized form of union for couples regardless of sex.
Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. In November 2023 registered partnerships were codified into law. These partnerships are available to both same and different sex couples - since July 1, 2024 the implemented registered partnership law has the similar rights and obligations as married couples - with the exception of the title of marriage, and adoption or inheritance rights.
Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.
Bulgaria does not recognize same-sex marriage or civil unions. Although the recognition of same-sex unions has been frequently debated in recent years, no law addressing the issue has been passed by the National Assembly. In September 2023, the European Court of Human Rights ordered the government in Koilova and Babulkova to establish a legal framework recognizing same-sex unions.
Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but all have been rejected.
Serbia does not recognize any form of legal recognition for same-sex couples. Same-sex marriage is banned under the Constitution of Serbia adopted in 2006. However, there have been discussions in the National Assembly to legalize civil unions.
Cyprus has recognised same-sex civil unions since 9 December 2015. Legislation to establish a form of partnership known as civil cohabitation was introduced by the ruling Democratic Rally party in July 2015, and approved by the Cypriot Parliament in a 39–12 vote on 26 November 2015. It was signed by President Nicos Anastasiades, and took effect on 9 December upon publication in the government gazette.
Same-sex marriage has been legal in Malta since 1 September 2017 following the passage of legislation in the Parliament on 12 July 2017. The bill was signed into law by President Marie-Louise Coleiro Preca on 1 August 2017. On 25 August 2017, the Minister for Equality, Helena Dalli, issued a legal notice to commence the law on 1 September. Malta was the first European microstate, the 21st country in the world and the thirteenth in Europe to allow same-sex couples to marry nationwide. In 2024, Malta was named one of the best marriage destinations for same-sex couples by a British wedding planning website, and polling suggests that a majority of Maltese people support the legal recognition of same-sex marriage.
Status of same-sex unions around the world | ||
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| Europe |
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| Oceania |
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| Antarctica |
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| Same-sex marriage prohibited by constitutional amendment |
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| Same-sex marriage and civil unions prohibited by constitutional amendment | |
