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Recognition of same-sex unions in Hungary

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Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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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 2011 Constitution of Hungary, which took effect in January 2012.

Unregistered cohabitation

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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.

Registered partnerships

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Legislative action

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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.jɛɟzɛtː ˈeːlɛtːaːrʃi ˈkɒptʃolɒt]) 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]

Statistics

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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

Same-sex marriage

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Laws regarding same-sex partnerships in Europe¹
  Marriage
  Civil union
  Limited domestic recognition (cohabitation)
  Limited foreign recognition (residency rights)
  Unrecognized
  Constitution limits marriage to opposite-sex couples
¹ May include recent laws or court decisions that have not yet entered into effect.

Background and constitutional amendment

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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]

Religious performance

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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]

Public opinion

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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]

See also

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Notes

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  1. ^ In Hungarian: Magyarország védi a házasság intézményét mint férfi és nő között, önkéntes elhatározás alapján létrejött életközösséget, valamint a családot mint a nemzet fennmaradásának alapját. A családi kapcsolat alapja a házasság, illetve a szülőgyermek viszony.[15][16]

References

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  1. ^ "Hungary legalizes same-sex civil partnerships". In.reuters.com. 18 December 2007. Archived from the original on July 9, 2012. Retrieved 25 February 2010.
  2. ^ "Gov't to submit new bill on civil unions". Archived from the original on July 21, 2011.
  3. ^ "Hungarian government proposes registered same-sex partnerships". PinkNews. 12 February 2009. Retrieved 23 August 2015.
  4. ^ "Hungary introduces registered partnership for same-sex partners". ILGA-Europe. 20 April 2009. Archived from the original on 2 May 2009.
  5. ^ "Hungarian Constitutional Court Affirms Registered Partnerships for Gay Couples". Archived from the original on 4 March 2016. Retrieved 23 August 2015.
  6. ^ "Módosították a bejegyzett élettársi kapcsolatról szóló törvényt". Index.hu (in Hungarian). 20 April 2009.
  7. ^ "ILGA-Europe". Archived from the original on 2 November 2012. Retrieved 23 August 2015.
  8. ^ "Hungarian court rules to acknowledge same-sex marriages abroad as equivalent to civil partnership". Medium. 8 February 2018.
  9. ^ "Demográfiai évkönyv, 2016" (PDF). Központi Statisztikai Hivatal (in Hungarian). Archived from the original (PDF) on 18 February 2024.
  10. ^ "Demográfiai évkönyv, 2017" (PDF). Központi Statisztikai Hivatal (in Hungarian). Archived from the original (PDF) on 31 May 2023.
  11. ^ "22.1.1.18. Bejegyzett élettársi kapcsolatok". Központi Statisztikai Hivatal (in Hungarian). Archived from the original on 5 January 2024. Retrieved 5 January 2024.
  12. ^ "Hungarian liberals to push for same-sex marriage". Monsters and Critics news. 20 September 2007. Archived from the original on 2 April 2008.
  13. ^ "Hungarian parliament rejects motion on same-sex marriage". caboodle.hu. 7 November 2007. Archived from the original on 15 February 2012.
  14. ^ "New Hungarian constitution comes into effect with same-sex marriage ban," PinkNews, 3 January 2012, accessed 6 January 2012.
  15. ^ "Hungary's Constitution of 2011" (PDF). Constitute Project.
  16. ^ "Magyarország Alaptörvénye". Köztársasági Elnöki Hivatal (in Hungarian).
  17. ^ a b "T/5423 Magyarország Alaptörvényének 6. módosítása".
  18. ^ a b "T/5424 Az azonos neműek házasságkötéséhez szükséges jogi feltételek megteremtéséről".
  19. ^ "Törvényjavaslatban kezdeményezik, hogy Magyarországon is házasodhassanak azonos neműek". propeller.hu. June 29, 2015.
  20. ^ "Fodor Gábor: Magyarországon is engedélyezzék az azonos neműek házasságát!".
  21. ^ "Annual Review of the Human Rights Situation of Lesbian, Gay, Bisexual, Trans and Intersex People in Europe 2016: Hungary" (PDF).
  22. ^ Flynn, JD (2023-12-22). "Is the 'false narrative' narrative a false narrative?". The Pillar. Archived from the original on 23 December 2023. Retrieved 2023-12-23.
  23. ^ Coppen, Luke (19 December 2023). "'Fiducia supplicans': Who's saying what?". The Pillar.
  24. ^ "Marriage, Family, Sexuality: Statement of the Synod of the Reformed Church in Hungary" (PDF). Reformed Church of Hungary. Budapest. 6 May 2004.
  25. ^ "Statement of the Bishops' Council of the ELCH on the CPCE study "Gender-sexuality-marriage-family"". Evangelical-Lutheran Church in Hungary. 22 August 2024. Retrieved 30 September 2024.
  26. ^ "Eight EU Countries Back Same-Sex Marriage". Archived from the original on January 4, 2011.
  27. ^ "Hűvös fogadtatás | Közvélemény a homoszexuálisok megítéléséről".
  28. ^ Szalai Anna (19 December 2007). "Archívum: A szabad kapcsolatok mellett - NOL.hu". NOL.hu. Retrieved 23 August 2015.
  29. ^ "A szólás szabadsága: mit mondana, ha kiderülne, hogy meleg?". MTV. 6 September 2009. Archived from the original on July 24, 2011.
  30. ^ "Same-Sex Marriage". Ipsos. 7–21 May 2013. Archived from the original on 14 March 2016.
  31. ^ "Special Eurobarometer 437" (PDF). Archived from the original (PDF) on 2016-01-22. Retrieved 2015-10-07.
  32. ^ "The Perception of Same-sex Marriage in Hungarian Society | Budapest Pride". budapestpride.com.
  33. ^ "Religious Belief and National Belonging in Central and Eastern Europe". Pew Research Center. 10 May 2017. Retrieved 11 May 2017.
  34. ^ "Eurobarometer on Discrimination 2019: The social acceptance of LGBTI people in the EU". TNS. European Commission. p. 2. Retrieved 23 September 2019.
  35. ^ "LGBT+ Pride 2021 Global Survey pointa to a generation gap around gender identity and sexual attraction". Ipsos. New York City. 9 June 2021. Archived from the original on 10 June 2021. Retrieved 16 August 2021.
  36. ^ "GLOBSEC Trends 2023" (PDF). GLOBSEC. 2023. p. 75.
  37. ^ "How people in 24 countries view same-sex marriage". Pew Research Center. 13 June 2023.
  38. ^ "LGBT+ Pride 2023 A 30-Country Ipsos Global Advisor Survey" (PDF). Ipsos. Retrieved 13 October 2023.
  39. ^ "Eurobarometer 2023: Discrimination in the European Union". europa.eu. Retrieved 1 January 2024.
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