Recognition of same-sex unions in Hungary
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Same-sex marriages are currently not legal in Hungary; registered partnership legislation has been enacted but subsequently annulled. Unregistered cohabitation was recognized in 1996.
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[edit] Unregistered partnerships
The law applies to couples living together in an economic and sexual relationship, including opposite-sex and same-sex couples. No official registration is required. The law gives some specified rights and benefits to two persons living together, these rights include hospital visitation and access to medical information, right to make decision about the deceased partners' funeral, 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.
[edit] Same sex marriage
In Autumn 2007, the liberal Alliance of Free Democrats (SZDSZ), part of the governing coalition since the 2002 elections, presented a draft bill to the Parliament's Human Rights committee. This would have allowed for full same-sex marriage by defining marriage as between two persons over the age of 18.[1] On 6 November 2007, Parliament 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.[2]
[edit] Registered Partnerships
The Government, comprising SZDSZ and the Hungarian Socialist Party (MSZP), then submitted a bill to Parliament that would have introduced registered partnerships for both same-sex and opposite-sex couples. The law would have given the same rights to registered partners as to married spouses except for adoption and taking the other's name. The Parliament adopted the bill on December 17, 2007.
The law would have entered into force on January 1, 2009, but on December 15, 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 included same-sex couples would be constitutional; indeed, it opined that the legislature had a duty to introduce such a law. Prime Minister Ferenc Gyurcsány instructed the Minister of Justice to prepare a new bill that would conform to the Court's decision.
On December 23, 2008, the Hungarian Government announced that it would propose a new registered partnership law in line with the Constitutional Court's decision. The legislation would offer same-sex couples all of the rights offered by the previous law, and would be presented to Parliament as early as February 2009.[3]
[edit] Vote for the 2007 registered partnership bill
| FOR | AGAINST | |
|---|---|---|
| 164 | 4 | MSZP (Hungarian Socialist Party) |
| 18 | 0 | SZDSZ (Alliance of Free Democrats–The Hungarian Liberal Party) |
| 3 | 3 | MDF (Hungarian Democratic Forum) |
| 0 | 128 | FIDESZ (Hungarian Civic Union) |
| 0 | 18 | KDNP (Christian Democratic People's Party) |
| 185 | 154 | TOTAL |
[edit] Opinion polls
Several opinion polls have been conducted to gauge the attitudes of Hungary residents on the issue. A Eurobarometer released in December 2006 found that 18% agreed that "homosexual marriages should be allowed throughout Europe".[4] A poll by Medián conducted in July 2007 showed that 30% considered it acceptable if same sex couples can get married.[5] A poll by MASMI published in December 2007 showed 35% in favour of "allowing homosexuals to get married".[6]
[edit] See also
- LGBT rights in Hungary
- List of LGBT rights by region
- Timeline of LGBT history
- Homosexuality laws of the world
- Marriage, unions and partnerships by country
[edit] Notes
[edit] External links
- (English) Hungarian liberals to push for same-sex marriage
- (English) Detailed description of cohabition on the website of the government
- (Hungarian) Constitutional Court decision opening up unregistered cohabitation to same sex couples
- (Hungarian) Bill on registered partnership introduced in Parliament
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