Hungary repeals anti-gay laws
The first major rollback of the repression of the Orbán era.
In a landmark vote on Tuesday 13 October, the Hungarian Parliament voted to repeal the anti-LGBTQ provisions of the Child Protection Act - legislation that had been adopted in 2021.
The vote was 139 in favour and 51 against.
The repeal of these provisions marks the first significant rollback of the Orbán era repression of the queer community.
The Child Protection Act prohibited the "promotion" of homosexuality and gender reassignment among those under 18, significantly limiting the display of and access to LGBTQ-related content.
According to reporting by Humen - Hungary's leading queer news publication - the revised legislation now takes a wider view of the protection of children, limiting content that may seriously harm the physical, mental, emotional or moral development of minors.
While this is an important step forward, other anti-gay laws are still in place - for example, the framework that enabled the banning of Pride and other queer events has not yet been removed.
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.
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.
A 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 government's anti-LGBTQ position in recent years, Hungary is a country where attitudes to LGBTQ people have been steadily evolving over time – particularly in the capital, Budapest.
The most recent ILGA report on LGBTQ Equality in Europe ranks Hungary 38th overall. With a total score of 22.7%, Hungary scored weakly on all criteria assessed.
The election of the current government - led by Péter Magyar - seems to be a positive move in stepping away from the repression of the previous Orbán administration.
Gareth Johnson