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LGBT rights in Hungary

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The rights of lesbian, gay, bisexual, transgender LGBT people in Hungary have evolved through Hungarian history Homosexuality is legal in Hungary for both men and women Discrimination on the basis of sexual orientation and gender identity is banned in the country However, households headed by same-sex couples are not eligible for the same legal rights available to opposite-sex married couples Registered partnership for same-sex couples was legalized in 2009

Contents

  • 1 Law regarding same-sex sexual activity
  • 2 Recognition of same-sex relationships
  • 3 Adoption and family planning
  • 4 Discrimination protections
  • 5 Gender identity and expression
  • 6 Blood donation
  • 7 Living conditions
    • 71 Freedom of speech and expression
  • 8 Public opinion
  • 9 Summary table
  • 10 See also
  • 11 References
  • 12 External links

Law regarding same-sex sexual activityedit

The first Hungarian Penal Code by Károly Csemegi 1878 punished homosexuality between men "természet elleni fajtalanság" – unnatural perversion with prison up to 1 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 The age of consent, which is 14, has applied equally to heterosexual and homosexual activity since a Constitutional Court decision of 2002 Gay and bisexual people are not banned from military service

Recognition of same-sex relationshipsedit

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 with testament, widow-pension is available for couples cohabiting for more than 10 years

Gaypride in Budapest, 2008

On 17 December 2007, the Parliament adopted a registered partnership bill submitted by the Hungarian Socialist Party-Alliance of Free Democrats Government The bill was found unconstitutional 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 into registered partnerships The law gives the same rights to registered partners as to spouses except for adoption, assisted reproduction or taking a surname12

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 orientation3 Note, however, that discrimination on the basis of sexual orientation remains banned through interpretation of the general non-discrimination provision in the constitution, as well as by the Equal Treatment Act

Adoption and family planningedit

Although same-sex couples cannot adopt jointly, adoption by individuals is legal regardless of sexual orientation or partnership status Second parent adoption is only available for married different sex couples

Access to IVF 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

Discrimination protectionsedit

LGBT flag map of Hungary

In 2000, the Constitutional Court recognized that the constitutional ban on discrimination based on "other status" covers sexual orientation as well There exists an anti-discrimination law in the Act on Public Health since 1997 The 2003 Act on Equal Treatment and the Promotion of Equal Opportunities forbids discrimination based on factors that include sexual orientation and gender identity in the fields of employment, education, housing, health, and access to goods and services

Gender identity and expressionedit

Transgender people living in Hungary can change their legal gender They still have to get a diagnosis, but they don't have to go through hormone therapy or mandatory sex reassignment surgery The Equal Treatment Act specifically includes gender identity among the list of protected characteristics

Blood donationedit

Gay and bi men are allowed to donate blood following a 12-month deferral period4

Living conditionsedit

Hungary was the host country of Mr Gay Europe 2007 contest and the Eurogames in 2012

Budapest Pride was the first such event in the former Eastern Bloc, and draws a steady, but moderate number of LGBT people and their supporters The LGBT 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 including Gábor Demszky, then Mayor of Budapest, and Kinga Göncz, then Minister of foreign affairs

Freedom of speech and expressionedit

In 2012, Jobbik MP Adam Mirkoczki 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 8 years in prison LMBT Federation, a Hungarian LGBT advocacy group, protested against the amendment and called on Parliament to reject it The Democratic Coalition also voiced their opposition and called it "mean and shameful"5 The amendment ultimately failed to pass

In November 2016, the small Hungarian town of Ásotthalom passed a law banning "gay propaganda", Muslim call to prayer and Muslim clothing The Mayor called on Christians locals to support a "holy war on Muslims and multiculturalism"6 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"7

Public opinionedit

Polls reflecting popular opinion on gay marriage in Hungary have shown a mixed picture

According to a Eurobarometer survey published on 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 the EU-wide average of 44 percent and 33 percent, respectively8 However, a poll conducted a year after in 2007 indicated that 30 percent of the Hungarian public supported same-sex marriage9

The Eurobarometer poll taken in 2015 suggested 39% of Hungarians support same-sex marriage The most recent poll by Pew Research Center published in May 2017 suggests that 27% of Hungarians are in favor of same-sex marriage, while 64% oppose the idea 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%10

In May 2015, PlanetRomeo, a LGBT 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 do 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 4711

Summary tableedit

Same-sex sexual activity legal Since 1962
Equal age of consent Since 2002
Anti-discrimination laws in employment Since 2003
Anti-discrimination laws in the provision of goods and services Since 2003
Anti-discrimination laws in all other areas incl indirect discrimination, hate speech Since 2003
Same-sex marriage Constitutional ban since 2012
Recognition of same-sex couples Cohabitation since 1996, registered partnership since 2009
Stepchild adoption by same-sex couples
Joint adoption by same-sex couples
Gays, lesbians and bisexuals allowed to serve in the military
Transgender people allowed to serve in the military
Right to change legal gender
Commercial surrogacy for gay male couples
Access to IVF for lesbians / only for single women
MSM allowed to donate blood / 1 year deferral period

See alsoedit

  • LGBT portal
  • Human rights portal
  • Hungary portal
  • "Mások" "Others", monthly Hungarian LGBT magazine
  • List of gay-rights organizations#Hungary
  • LGBT rights in Europe

Referencesedit

  1. ^ "Hungary approves partnership legislation" pinknewscouk 18 December 2007 Retrieved 16 March 2008 
  2. ^ "Hungary legalizes same-sex civil partnerships" Reuters 18 December 2007 Retrieved 16 March 2008 
  3. ^ "New Hungarian constitution comes into effect with same-sex marriage ban," PinkNews, 3 January 2012, accessed 6 January 2012
  4. ^ Three decades of MSM donor deferral policies What have we learned
  5. ^ Jobbik submits amendment aimed at banning "gay propaganda"
  6. ^ This Small Hungarian Town Has Banned 'Gay Propaganda' to Become a Far-Right Refuge
  7. ^ Hungarian court overturns village's ban on Islamic symbols and 'LGBT propaganda
  8. ^ "Eight EU Countries Back Same-Sex Marriage" Angus Reid Global Monitor 24 December 2006 Archived from the original on 15 March 2008 Retrieved 16 March 2008 
  9. ^ "Hűvös fogadtatás: Közvélemény a homoszexuálisok megítéléséről" in Hungarian Medián 11 July 2007 
  10. ^ "Religious Belief and National Belonging in Central and Eastern Europe" Pew Research Center Retrieved 11 May 2017 
  11. ^ The Gay Happiness Index The very first worldwide country ranking, based on the input of 115,000 gay men Planet Romeo

External linksedit

  • Social visibility and acceptance of LGBT people in Hungary
  • Budapest GayGuideNet Up2date GayGuide for Budapest and Hungary

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