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LGBTQ rights in Hungary

From Wikipedia, the free encyclopedia

LGBTQ rights inHungary
Location of Hungary (dark green)

– inEurope (light green & dark grey)
– in theEuropean Union (light green)  –  [Legend]

Legal statusLegal since 1961,
age of consent equalized in 2002; freedom of expression restricted
Gender identityLegal gender change isde facto impossible since 2018, explicitly illegal since 2020.[1][2]
MilitaryLGBT people allowed to openly serve
Discrimination protectionsSexual orientation and gender identity protections (see below)
Family rights
Recognition of relationshipsUnregistered cohabitation since 1996,
Registered partnerships since 2009
RestrictionsSame-sex marriage constitutionally banned
AdoptionSame-sex couples adopting children has been constitutionally banned since 2020.[3]

Lesbian,gay,bisexual,transgender, andqueer (LGBTQ) people inHungary face legal and social challenges not experienced by non-LGBTQ residents.Homosexuality is legal in Hungary for both men and women. Discrimination on the basis ofsexual orientation and sex is banned in the country. However, households headed bysame-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, butsame-sex marriage remains banned.

The Hungarian government has passed legislation that restricts thecivil rights of LGBTQ Hungarians – such as ending legal recognition oftransgender Hungarians and banning LGBTQ content and displays for minors. This trend continues under theFidesz government ofViktor Orbán. Nonetheless, the Pride parade on June 28, 2025 was the country’s largest anti-government demonstration in years, defying anti-LGBTQ policies and laws.[4]

In June 2021, Hungary passed ananti-LGBTQ law on banning "homosexual and transsexual propaganda" effective since 1 July. The law has been condemned by seventeenmember states of the European Union. In July 2020, theEuropean Commission started legal action against Hungary and Poland for violations of thefundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."[5][6]

In March 2025, the government passed a constitutional amendment thatprohibits public assemblies that promote LGBTQ rights, and allows for fines to be issued to the organizers and participants of such events. The ban sparked an outrage from the opposition, with several demonstrations occurring against it.[7]

Law regarding same-sex sexual activity

[edit]

The firstHungarian Penal Code byKároly Csemegi (1878) punished homosexuality between men ("természet elleni fajtalanság" –perversion against nature (nature's law)) with prison up to one year. Homosexual activity above the age of 20 was decriminalized in 1961, then above the age of 18 in 1978 by the new Penal Code. Theage of consent, which is 14, has applied equally to heterosexual and homosexual activity since aConstitutional Court decision of 2002. Lesbian, gay and bisexual people are not banned fromopenly serving in the military service.

Recognition of same-sex relationships

[edit]
Main article:Recognition of same-sex unions in Hungary

Unregistered cohabitation has been recognised since 1996. It applies to any couple living together in an economic and sexual relationship (common-law marriage), including same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together. Unregistered cohabitation is defined in the Civil Code as "when two persons are living together outside of wedlock in an emotional and financial community in the same household, provided that neither of them is engaged in wedlock or partnership with another person, registered or otherwise, and that they are not related in direct line, and they are not siblings."Inheritance is possible only withtestament, andwidow-pension is available for couples cohabiting for more than 10 years.

On 17 December 2007, theParliament adopted a registered partnership bill submitted by theHungarian Socialist PartyAlliance of Free Democrats Government. The bill was foundunconstitutional by the Constitutional Court because it duplicated the institution of marriage for opposite-sex couples. In February 2009, the Parliament approval a modified version of the bill. Since 1 July 2009, same-sex couples can enter intoregistered partnerships. The law gives the same rights to registered partners as to spouses except foradoption, assisted reproduction or taking a surname.[8][9]

On 1 January 2012, a newconstitution, enacted by the Parliament in 2011, came into effect, restricting marriage to opposite-sex couples and containing no guarantees of protection from discrimination on account of sexual orientation. Viktor Orbán, leader of the ruling Fidesz party, which recently came to power with a two-thirds majority in the parliament, has been dubbed “Viktator” by the crowds protesting the new constitution.[10][11] However, discrimination on the basis of sexual orientation remains banned through interpretation of the general non-discrimination provision in the Constitution, as well as by theEqual Treatment Act.[citation needed]

Adoption and family planning

[edit]

Although same-sex couples cannot adopt jointly, adoption by individuals is illegal regardless of sexual orientation or partnership status. Stepchild adoption is only available for married (different-sex) couples.

Access toIVF and donor insemination is available for single women regardless of sexual orientation, but not available for lesbians cohabiting or in a registered partnership with their same-sex partners.

In November 2017, the HungarianOmbudsman found that the rejection of a lesbian couple's adoption application was "an infringement on the child's right to protection and care, and amounted to unlawful discrimination based on sexual orientation." As jointadoption for same-sex couples is not legal in Hungary, the couple decided that one of the partners would legally adopt the child. The couple was, however, very open about their relationship and were found suitable to adopt. During the following months, the couple took care of a 16-month-old girl, but child protection services later stopped the application procedure due to the couple's sexual orientation. This decision disrupted the life of the child, as she would not eat properly anymore and had to be taken to achild psychologist. The couple appealed to the Commissioner for Fundamental Rights (the Ombudsman responsible for the rights of children, nationalities in Hungary, vulnerable social groups and the interests of future generations), who found the child protection service's rejection of the couple unlawful and discriminatory. The Commissioner said that "a person wishing to adopt has no right to adopt a particular child, but s/he does have the right to equal treatment and equality before the law in the procedure." The Commissioner based their decision on the 2008E.B. v. France case, in which theEuropean Court of Human Rights ruled that one's sexual orientation should not be a factor in adoption cases.[12]

In October 2020, while discussing a children's book published by an LGBTQ organisation onMagyar Rádió, the Prime Minister Orbán stated that, despite Hungary being "tolerant and patient" towards LGBTQ people, "there is a red line that cannot be crossed" and that "gays are to leave our children alone".[13][14]

In November 2020, the Fidesz government proposed a Constitutional amendment which would banadoption by same-sex couples. Language in the amendment would ensure "education in accordance with the values based on Hungary's constitutional identity and Christian culture." The same amendment would also severely restrict the ability of single-parent families to adopt.[15] On 16 December 2020 the amendment was passed by theNational Assembly with 123 ayes, 45 nays and 5 abstentions.[16][17]

In April 2023, Hungary's unicameral parliament passed a bill enabling and encouraging citizens to report same-sex couples which raise children to the state authorities - such as police and child protection.[18] The President of HungaryKatalin Novák vetoed the bill - that formally prevented it from becoming enacted into law.[19][20]

Discrimination protections

[edit]

In 2000, the Constitutional Court recognized that the constitutional ban on discrimination based on "other status" coverssexual orientation as well. TheAct on Public Health has banned sexual orientation-related discrimination in health services since 1997 and gender identity-related discrimination since 2004.[21] The2003 Act on Equal Treatment and the Promotion of Equal Opportunities (Hungarian:2003. évi CXXV. törvény az egyenlő bánásmódról és az esélyegyenlőség előmozdításáról), which took effect in January 2004, forbids discrimination based on factors that include sexual orientation andgender identity in the fields of employment, education, housing, health, and access to goods and services.[21] Article 8 of the Act states as follows:

Provisions that result in a person or a group [being] treated less favourably than another person or group in a comparable situation because of his/her sex, racial origin, colour, nationality, national or ethnic origin, mother tongue, disability, state of health, religious or ideological conviction, political or other opinion, family status, motherhood (pregnancy) or fatherhood, sexual orientation, gender identity, age, social origin, financial status, the part-time nature or definite term of the employment relationship or other relationship related to employment, the membership of an organisation representing employees' interests, [and any] other status, attribute or characteristic are considered direct discrimination.

Additionally, Hungarian law prohibitshate crimes and hate speech on the basis of one's sexual orientation and gender identity.[21]

Despite the existing laws aimed at discrimination protection, in June 2021, the Hungarian Parliament passed legislation aiming to limit access to content ‘depicting divergence from self-identity corresponding to sex at birth, sex change, or homosexuality’ for individuals under 18.[22] The Commission initiated infringement proceedings against Hungary on July 15, 2021, and subsequently issued a reasoned opinion on December 2, 2021, highlighting Hungary’s failure to meet its obligations under various EU directives and articles concerning audiovisual media services, electronic commerce, internal market services, data protection, and fundamental rights.[23]  In April 2022, the Hungarian government organized a national referendum in support of the law, which was countered by Amnesty International Hungary, Háttér Society, and 12 civil society organizations mobilizing over 1.7 million people, ultimately rendering the referendum invalid.[24]

With Hungary's response deemed unsatisfactory, on July 15, 2022, the Commission referred Hungary to the Court of Justice of the EU.[25] As of April 2023, fifteen European Union member-states have joined this legal case. Alongside the European Parliament, they will act as third parties in the lawsuit filed by the European Commission.[26]

Gender identity and expression

[edit]

In December 2017, a government decree was published, establishing for the first time a legal basis for gender transitions. After 1 January 2018, transgender people living in Hungary were theoretically able to change their legal gender. They required a diagnosis from a medical professional, but did not have to undergo hormone therapy, sterilization orgender-affirming surgery.[27][21][28] However, Transvanilla – an organization based inBudapest, which campaigns on behalf of transgender rights – reports that the government has refused to honor applications of the legal gender change since 2018. In 2019, a joint case of 23 people was created and submitted to the European Court of Human Rights.[1]

In 2018, the Hungarian government removed accreditation fromgender studies programs at Hungarian universities, arguing that there was no market for gender studies graduates. Bence Rétvári, the political undersecretary in the ministry of Human Resources justified the decision by claiming that, "Gender Studies - similarly to Marxism-Leninism - can be called an ideology rather than a science."[29][30]

While Hungary, alongside the majority of EU countries, has signed the Istanbul Convention - Council of Europe treaty that aims to combat and prevent violence against women - it has refused to take further action to ratify the Convention. In May 2020, the Hungarian Parliament adopted a political declaration that rejects the Istanbul Convention and supports the government declaration that claims that the measures of the treaty promote “destructive gender ideologies” and “illegal migration.”[31] The declaration was adopted with 115 votes in favor, 35 against and three abstentions. The Hungarian government, including the Ministry of Justice, argued that the Hungarian law already contains a “comprehensive system for assisting and protecting victims.”[32]

Following thecoronavirus lockdown of 2020, Viktor Orbán was enabled torule by decree following anemergency powers act.[33] On 31 March, theTransgender Day of Visibility, a bill was submitted that replaced the Hungarian term "nem", meaning both "sex" and "gender," withsex at birth, defined as "the biological sex determined by primary sexual characteristics and chromosomes". Parliament voted in favor of the bill on 19 May 2020, making it impossible for individuals to change their legal gender. The vote was 134 yes, 56 no, and 4 abstentions.[34][35][36][2]Dunja Mijatović, commissioner for human rights in theCouncil of Europe, stated it "contravenes human rights standards and thecase law of the European Court of Human Rights".[33] President János Áder signed the bill into law on 28 May 2020.[37]

In January 2021 the government ordered that a book published by theLabrisz Lesbian Association carries warnings saying it "[contains] behaviour inconsistent with traditional gender roles".[38] According to a government spokesperson, "the book is sold as a fairytale... but it hides the fact that it depicts behaviour inconsistent with traditional gender roles."[38] In response, the association announced that they would be filing suit.[38] After the publication of the children's book,Fidesz also launched asmear campaign against the organization and the entire LGBTQ community,deliberately confusing homosexuality with pedophilia. Labrisz took the government-related media giant Mediaworks to court too, for an article that called them pedophiles without any proof. In the lawsuits, thehuman rights NGOHungarian Helsinki Committee represented Labrisz, and they won at first instance. However, in November 2022, the Curia (theSupreme Court of Hungary) found that the article does not violate Labrisz Lesbian Association's right to good reputation. The human rights defenders don't accept this decision - claiming double standards and that the government uses the freedom expression as an excuse to cover hatred and abuse - and turn to theConstitutional Court.[39]

In April 2023, Hungary implemented a law enabling citizens to report to the state people who "contest" children's right to "an identity appropriate to their sex at birth".[40]

Blood donation

[edit]
See also:Blood donation restrictions on men who have sex with men

Gay and bisexual men were allowed to donate blood following a 12-month deferral period.[41] In 2020, this deferral period was scrapped, with individualised risk assessment introduced.[42]

Freedom of speech and expression

[edit]
Main article:Freedom of speech in Hungary

In 2012,Jobbik MP Ádám Mirkóczki introduced a constitutional amendment to the Parliament seeking to ban "the promotion of sexual deviations". The amendment would punish the "promotion of homosexuality or other disorders of sexual behaviour" with up to eight years in prison. LMBT Federation, a Hungarian LGBT advocacy group, protested against the amendment and called on Parliament to reject it. TheDemocratic Coalition also voiced their opposition and called it "mean and shameful".[43] The amendment ultimately failed to pass.

In November 2016, the small Hungarian town ofÁsotthalom passed a law banning "gay propaganda", Muslim call to prayer and Muslim clothing. MayorLászló Toroczkai (Our Homeland) called on Christians locals to support a "holy war on Muslims and multiculturalism".[44] In April 2017, after a lawsuit challenging the ban was filed, the Constitutional Court struck down the ban, ruling that it violated human rights law as it aimed to "limit directly the freedom of speech, conscience and religion".[45]

In June 2018, theHungarian State Opera House cancelled 15Billy Elliot performances, after pro-government newspaperMagyar Idők claimed that the show couldturn children gay.[46] However other 29 Billy Elliot performances would be held as planned.[47][48]

In November 2020, the town ofNagykáta adopted a resolutionbanning the dissemination and promotion of so-called "LGBT propaganda".[49]

After making pro-LGBT statements, former footballer and television punditJános Hrutka was fired by pro-government sports television Spíler TV in March 2021. Subsequently, the government media (Nemzeti Sport andFourFourTwo) began to revive his player contracts from the past twenty years, with the intention of expiration.[50]

2021 anti-LGBTQ law

[edit]
Main article:Hungarian anti-LGBTQ law

In June 2021, the government of Hungary introduced a law prohibiting the showing of "any content portraying or promoting sex reassignment or homosexuality" to minors.[51] A Hungarian government spokesperson claimed the ban is intended on the contents which children "can misunderstand and which may have a detrimental effect on their development".[52] According to one human rights group, "the new legislation proposed by Fidesz would seriously curb freedom of speech and children's rights... This move endangers [the] mental health of LGBTQI youngsters and prevents them getting access to information... and affirmative support".[53] David Vig ofAmnesty International stated that "these proposals, which have dark echoes ofRussia's anti-gay 'propaganda law', will further stigmatize LGBTI people, exposing them to greater discrimination in what is already a hostile environment."[51]

The Hungarian parliament voted in favour of the bill by a vote of 157–1.[54] ThePresident of Hungary signed the bill into law on 23 June 2021 and went into legal effect 7 days later on July 1.[55] TheRussian Federation has a similar law, theRussian anti-LGBTQ law, implemented since 2013.[56][54][57][58] Seventeen EU member states (Belgium, the Netherlands, Luxembourg, Denmark, Estonia, Finland, France, Germany, Ireland, Lithuania, Spain, Sweden, Latvia, Greece, Cyprus, Italy, and Austria)[59] and severalLGBTQ and human rights organisations condemned the law and called it a breach of theCharter of Fundamental Rights of the European Union.[60]

In July 2021, theEU launched an immediatelawsuit against the anti-LGBTQ law recently implemented within Hungary while areferendum has been announced.[61][62][63] The European Commission blocked the payment of several billions Euro to Hungary because of this discriminatory law.[64] Thereferendum took place on 3 April 2022, the same time as the2022 Hungarian parliamentary election. The referendum became invalid, because it didn't meet the validity threshold of 50%.

In April 2023, both France and Germany have formally joined into the EU lawsuit against Hungary - regarding the anti-gay laws and policies.[65]

The rapid spread of similar anti-LGBTQ laws, particularly inEU member states (Bulgaria, August 2024) orcandidates (Georgia, October 2024), reinforced the argument that the EU’s failure to decisively penalize Hungary for its 2021 law demonstrated weakness, created a sense of impunity, and provided a confidence boost to other governments proposing or adopting similar anti-LGBTQ laws. Human rights organizations likeAll Out,ILGA-Europe, andHuman Rights Watch have argued that the EU's reaction was either too slow, not forceful enough, or failed to use all available mechanisms promptly.[66][67][68]

Films and TV

[edit]

In September 2021, it was reported that films and TV shows that depict and show either homosexuality and/or sex changes within Hungary - would have the same mandatory legal classification "age rating restrictions" as horror, nudity, sex, adult themes, drugs and/or violence.[69]

2025 Pride ban

[edit]
Main article:2025 Hungarian Pride ban

In March 2025, Hungary passed a law banning LGBTQ Pride events and permitting authorities to use facial recognition software to identify those attending such events. The law sparked a protest outside parliament which was attended by several thousand. The protesters chanted anti-government slogans and staged a blockade of the Margaret Bridge over the Danube, blocking traffic and disregarding police instructions to leave the area.[70]

On 3 June 2025, thepolice of Hungary issued an order denying a request to hold a Pride event in Budapest on 28 June 2025. The police argued that "it cannot be ruled out, or is even inevitable, that a person under the age of 18 will be able to engage in legally prohibited conduct" should they attend the march. Organizers responded by calling the decision "textbook example of tyranny" and have vowed that the event will go on as planned.[71]

It is the first ban on a Pride march in anEU nation.[72]

Living conditions

[edit]
2008Budapest Gay Dignity Procession (Meleg Méltóság Menet)
2017Budapest Pride Festival

Hungary was the host country ofMr Gay Europe 2007 contest and theEuroGames in 2012.

Budapest Pride was the first such event in the formerEastern Bloc, and draws a steady, but a moderate number of LGBTQ people and their supporters. The LGBTQ festival lasts a week every summer with a film festival, a pride march and parties across the city. The festival was opened in the past by notable public figures includingGábor Demszky, thenMayor of Budapest, andKinga Göncz, thenMinister of Foreign Affairs. The Hungarian far-right partyOur Homeland Movement has called for a ban on LGBTQ pride marches.[73][74]

In correlation with the prime ministership of Viktor Orbán, LGBTQ rights in Hungary have stalled. In March 2016, the Hungarian Government blocked a proposed European Union agreement to combat discrimination against LGBTQ people.[75] In May 2017, Prime Minister Orbán welcomed theWorld Congress of Families, a designatedhate group by theSouthern Poverty Law Center, at the National Parliament.[76] In 2018, Hungary andPoland blocked a joint statement by EU employment and social affairs ministers intended to promote gender equity in the digital era because of objections to a reference to LGBTQ people. However,Austria—then president of the Council of the European Union—adopted the text regardless, though with modifications. While the reference to LGBTQ people was retained, the text was classified as "presidential conclusions" which do not carry the legal weight of formal Council conclusions.[77][78]

In recent years, more and more politicians have resorted to use openlyhomophobic rhetoric.[79] In 2014,Jobbik displayed a sign reading "The Parliament Does Not Want Any Deviants" during Budapest Pride, and verbally abused attendees and defaced posters in support of LGBTQ rights. In November 2016, it protested the painting of a fence with rainbow colours inPomáz, even though the colouring had no connections to LGBTQ rights.[80]

The 2017 Budapest Pride parade attracted thousands of people, and received the support of many embassies, including fromAustralia,Canada,France,Germany, theUnited Kingdom and theUnited States, as well as neighbouringSlovakia andSlovenia, among others.[81]

In January 2018, theEuropean Court of Justice ruled that asylum seekers may not be subjected by authorities topsychological tests in order to determine their sexual orientation.[82]

Public opinion

[edit]
Public opinion on same-sex marriage (2023) based onPew Research Center[83]
  1. Strongly favor (5.00%)
  2. Somewhat favor (26.0%)
  3. Not sure (5.00%)
  4. Somewhat oppose (23.0%)
  5. Strongly oppose (41.0%)

According to aEurobarometer survey published in December 2006, only 18 percent of Hungarians surveyed supported same-sex marriage, and only 13 percent recognized a same-sex couple's right to adopt, compared to theEU-wide average of 44 percent and 33 percent, respectively.[84] However, a poll conducted a year after in 2007 indicated that 30 percent of the Hungarian public supported same-sex marriage.[85]

The poll taken in 2015 suggested 39% of Hungarians supported same-sex marriage. A more recent poll by thePew Research Center, published in May 2017, suggested that 27% of Hungarians were in favor of same-sex marriage, while 64% opposed it. Support was higher among non-religious people (34%) and 18–34 year olds (39%), in contrast to Catholics (25%) and people aged 35 and over (23%).[86]

In May 2015,PlanetRomeo, an LGBTQ social network, published its first Gay Happiness Index (GHI).Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how they experience the way they are treated by other people and how satisfied are they with their lives. Hungary was ranked 49th with a GHI score of 47.[87]

According to a 2017 poll carried out byILGA, 64% of Hungarians agreed that gay, lesbian and bisexual people should enjoy the same rights as straight people, while 15% disagreed. Additionally, 69% agreed that they should be protected from workplace discrimination. 13% of Hungarians, however, said that people who are in same-sex relationships should be charged as criminals, while 64% disagreed. As for transgender people, 60% agreed that they should have the same rights, 64% believed they should be protected from employment discrimination and a plurality of 48% believed they should be allowed to change their legal gender.[88]

AGLOBSEC survey conducted in March 2023 showed that 56% of Hungarians supported same-sex marriage, while 37% were opposed.[89]

The 2023 Eurobarometer found that 42% of Hungarians thought same-sex marriage should be allowed throughout Europe, and 49% agreed that "there is nothing wrong in a sexual relationship between two persons of the same sex".[90]

Summary table

[edit]
Same-sex sexual activity legalYes (Since 1961)
Equal age of consent (14)Yes (Since 2002)
Freedom of expressionNo (Lawscensor LGBTQ issues, pride parades banned indefinitely.)
Anti-discrimination laws in employmentYes (Since 2004)
Anti-discrimination laws in the provision of goods and servicesYes (Since 2004)
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)Yes (Since 2004)
Same-sex civil partnerships (also open to opposite-sex couples)[9]Yes (Since 20 April 2009)[91]
Same-sex marriageNo (Constitutional ban since 2012)
Recognition of same-sex couplesYes (Since 1996)
Adoption by a single LGBTQ personNo (Constitutional ban since 2020)[3]
Stepchild adoption by same-sex couplesNo (Constitutional ban since 2020)[3]
Joint adoption by same-sex couplesNo (Constitutional ban since 2020)[3]
LGB people allowed to serve openly in the militaryYes
Transgender people allowed to serve openly in the militaryNo
Conversion therapy banned on minorsNo
Right to change legal genderNo (de facto banned since 2018,de jure banned since 2020)[1][34][36][2]
Access to IVF for lesbian couplesNo (Available to single women, but not to lesbian couples)
Commercial surrogacy for gay male couplesNo (Banned regardless of sexual orientation)
MSM allowed todonate bloodYes (Since 2020)

See also

[edit]

References

[edit]
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