Hungary: Unprecedented support for queer people.
The Prime Minister supports adoption equality and same-sex relationships.
In stark contrast to his predecessor, the recently elected Hungarian Prime Minister is consistently making public statements in support of equality and the needs of queer people.
At a press conference on 12 September, Péter Magyar - Prime Minister of Hungary - presented the government's child protection report.
According to reporting by Humen, Magyar was asked about the government's position on adoption by same-sex couples.
"Anyone who says that a small child is better off with the state than with same-sex couples is an evil person..." responded Magyar.
He went on to outline his government's plans to change the current adoption framework in Hungary - with the intention to shift the focus from political considerations to the needs of the child, as assessed by child protection professionals.
The following day, in a social media post, Magyar appeared to double-down on his pro-LGBTQ stance.
"Love and romance are fundamental rights..." posted Magyar. "In a humane Hungary, everyone loves and loves whomever and however they want."
The post also included a qualifier that this broad principle applies as long as the law isn't being violated or others are being harmed.
As the reporting from Humen notes, while these are all very positive signs from the government, to date there has been no details released of any legislative changes that would address the needs of queer people in Hungary - particularly in relation to marriage equality and adoption by same-sex couples.
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 anti-LGBTQ rhetoric of the previous Orbán administration.
