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Recognition of same-sex unions in Hungary

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Part of the LGBT rights series
Marriage legal

Recognized

Marriage not legal, but civil unions or registered partnerships legal
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. ^ Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ a b 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. ^ Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are 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.
  14. ^ Spousal health insurance benefits
  1. ^ a b Not yet in effect.
LGBTQ portal
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.

Hungary provides registered partnerships (Hungarian: bejegyzett élettársi kapcsolat) to same-sex couples since 1 July 2009. This institution offers nearly all the benefits of marriage. The unregistered cohabitation (élettársi kapcsolat) of 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.

Unregistered cohabitation

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.

Registered partnership

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. Parliament adopted the bill on December 17, 2007.[1] This act would have provided all the rights of married spouses to registered partners except for the right to adopt and the right to take a common surname.

The registered partnership act 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 applied to 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 draft a new, revised bill that would conform to the Court's decision.

On December 23, 2008, the Hungarian 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 February 12, 2009, the Hungarian Government approved a new registered partnership bill that would only apply to same-sex couples, providing all of the rights of marriage except adoption and the ability to take the same surname.[3]

The bill was adopted by the Parliament on April 20, 2009. 199 MPs (the Hungarian Socialist Party and the Alliance of Free Democrats) voted for the bill, 159 MPs (FIDESZ and the Christian Democratic People's Party) voted against it, 8 unallied MPs abstained. The new registered partnership act took effect on July 1, 2009. Registered partnerships are only open to same-sex couples. All the rules of marriage apply, except for the right to take a common surname, the right to adopt and to participate in artificial insemination.[4]

On March 23, 2010, the Constitutional Court ruled that the law is constitutional.[5]

Vote on the 2009 registered partnership bill

FOR AGAINST ABSTENTION
183 0 0 MSZP (Hungarian Socialist Party)
16 0 0 SZDSZ (Alliance of Free Democrats–The Hungarian Liberal Party)
0 131 0 FIDESZ (Hungarian Civic Union)
0 22 0 KDNP (Christian Democratic People's Party)
0 6 8 Independents
199 159 8 TOTAL

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.[6] On 6 November 2007, Parliament's human rights 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.[7]

On January 1, 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.[8]

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 same-sex marriages should be allowed throughout Europe.[9] A poll by Medián conducted in July 2007 showed that 30% considered it was acceptable for same sex couples to get married.[10] A poll by MASMI published in December 2007 showed 35% in favour of allowing same-sex couples to be married.[11] A poll by Szonda Ipsos in September 2009 found that the majority, 58% supports the newly introduced registered partnership for same sex couples.[12]

See also

Notes

  1. ^ "Hungary legalizes same-sex civil partnerships". In.reuters.com. 2007-12-18. Retrieved 2010-02-25.
  2. ^ Gov't to submit new bill on civil unions
  3. ^ Hungarian government proposes registered same-sex partnerships
  4. ^ Hungary introduces registered partnership for same-sex partners
  5. ^ Hungarian Constitutional Court Affirms Registered Partnerships for Gay Couples
  6. ^ [1][dead link]
  7. ^ Hungarian parliament rejects motion on same-sex marriage
  8. ^ "New Hungarian constitution comes into effect with same-sex marriage ban," PinkNews, 3 January 2012, accessed 6 January 2012.
  9. ^ Eight EU Countries Back Same-Sex Marriage
  10. ^ Hűvös fogadtatás | Közvélemény a homoszexuálisok megítéléséről
  11. ^ A szabad kapcsolatok mellett
  12. ^ "A szólás szabadsága: mit mondana, ha kiderülne, hogy meleg?". MTV. 2009-09-06.
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