EU court opens door to Marriage Equality in Hungary

In a big step forward for LGBTQ people in Europe, the European Court of Justice has ruled that EU member states are obliged to recognise same-sex marriages that have been registered elsewhere in the EU.

Poland was the country against which the complaint had been brought. The complainants were a same-sex Polish couple who had been married in Germany in 2018.

When the couple subsequently moved to Poland, authorities refused to accept their marriage certificate as Polish law does not recognise same-sex marriage.

In its ruling, the ECJ clarified that Poland was not required to amend its domestic law. This means that while same-sex couples in Poland are not able to be married, Polish authorities must recognise a same-sex marriage registered in an EU country that has embraced Marriage Equality.

The ruling will also apply to countries such as Hungary.

What's life like for LGBTQ people in Hungary?

What’s life like for LGBTQ people in Hungary? Let’s take a look at some of the key equality indicators.

Is homosexuality legal in Hungary?

Yes. As modern-day Hungary emerged in the aftermath of World War I, the country’s penal code listed sex between men as a criminal offence. Homosexuality was decriminalised in 1961.

Are there anti-discrimination protections in place for LGBTQ people?

Yes. In 2000, the Constitutional Court recognised that the constitutional ban on discrimination based on “other status” covers sexual orientation as well.

Additionally, Hungarian law prohibits hate crimes and hate speech on the basis of sexual orientation and gender identity.

However these protections are being systematically undermined by the government.

Is there Marriage Equality in Hungary?

No, but there is legal recognition of same-sex relationships.

Legal recognition of same-sex relationships became possible in 1996 when Hungary adopted the concept of Unregistered Cohabitation. This recognised the rights of any couple living together in an economic and sexual relationship, and was applied equally regardless of gender or sexuality.

This was strengthened in 2009 when legislation was implemented that created registered partnerships for same-sex couples.

However, a significant barrier to marriage equality was introduced in 2012 with the adoption of a new constitution for Hungary. The new constitution explicitly restricts marriage to opposite sex couples.

The recent ruling by the European Court of Justice will require Hungary to recognise same-sex marriages where the couple has married in a European country that has embraced Marriage Equality.

What’s life like for LGBTQ people in Hungary?

Despite the anti-LGBTQ position of the country’s government, Hungary is a country where attitudes to LGBTQ people have been steadily evolving over time – particularly in the capital, Budapest.

When we look at the key equality measures, progress has been made but all of that feels under threat as the right-wing government continues to stoke anti-gay sentiment for political purposes.

In 2021, Hungary adopted new laws that ban the display and promotion of homosexuality in material accessible to minors. The move prompted the European Commission to refer Hungary to the EU’s top court, arguing that the law violates fundamental rights and the bloc’s values.

At the same time, some Hungarian politicians and government-controlled media outlets have been promoting homophobic narratives that marginalise LGBTQ people.

The ILGA report on LGBTQ Equality in Europe ranks Hungary 37th overall. With a total score of 22.7%, Hungary scored weakly on all criteria assessed.