Recognition of same-sex unions in Hungary
Encyclopedia
Hungary
provides registered partnerships 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.
(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. 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.
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.
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.
On March 23, 2010, the Constitutional Court ruled that the law is constitutional.
(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. 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.
The 2011 constitution of Hungary which was signed into law on April 25, 2011, and will be in force by January 1, 2012, explicitly defines marriage as a union between a woman and a man.
released in December 2006 found that 18% agreed that same-sex marriages should be allowed throughout Europe. A poll by Medián conducted in July 2007 showed that 30% considered it was acceptable for same sex couples to get married. A poll by MASMI published in December 2007 showed 35% in favour of allowing same-sex couples to be married. A poll by Szonda Ipsos in September 2009 found that the majority, 58% supports the newly introduced registered partnership for same sex couples.
Hungary
Hungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
provides registered partnerships 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.
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 PartyHungarian Socialist Party
The Hungarian Socialist Party describes itself as a social democratic party in Hungary. It is the partial successor of the communist Hungarian Socialist Workers' Party , which ruled Hungary between 1956 and 1989. The decision to declare the party a successor of the MSZMP was controversial, and...
(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. 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
Ferenc Gyurcsány
Ferenc Gyurcsány is a Hungarian politician. He was the sixth Prime Minister of Hungary from 2004 to 2009.He was nominated to take that position on 25 August 2004 by the Hungarian Socialist Party , after Péter Medgyessy resigned due to a conflict with the Socialist Party's coalition partner...
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.
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.
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.
On March 23, 2010, the Constitutional Court ruled that the law is constitutional.
Vote on the 2009 registered partnership bill
| FOR | AGAINST | ABSTENTION | |
|---|---|---|---|
| 183 | 0 | 0 | MSZP Hungarian Socialist Party The Hungarian Socialist Party describes itself as a social democratic party in Hungary. It is the partial successor of the communist Hungarian Socialist Workers' Party , which ruled Hungary between 1956 and 1989. The decision to declare the party a successor of the MSZMP was controversial, and... (Hungarian Socialist Party) |
| 16 | 0 | 0 | SZDSZ Alliance of Free Democrats The Alliance of Free Democrats – Hungarian Liberal Party is a liberal party in Hungary, led since July 2010 by Viktor Szabadai . The SZDSZ is a member of the ELDR and of Liberal International... (Alliance of Free Democrats–The Hungarian Liberal Party) |
| 0 | 131 | 0 | FIDESZ (Hungarian Civic Union) |
| 0 | 22 | 0 | KDNP Christian Democratic People's Party (Hungary) The Christian Democratic People's Party is a political party in Hungary.- History :The party was founded in 1944 by Hungarian Catholic statesmen, intellectuals, and ecclesiastical such as Bishop Vilmos Apor, Béla Kovrig , László Varga and General József Pálffy, among others... (Christian Democratic People's Party) |
| 0 | 6 | 8 | Independents |
| 199 | 159 | 8 | TOTAL |
Same-sex marriage
In Autumn 2007, the liberal Alliance of Free DemocratsAlliance of Free Democrats
The Alliance of Free Democrats – Hungarian Liberal Party is a liberal party in Hungary, led since July 2010 by Viktor Szabadai . The SZDSZ is a member of the ELDR and of Liberal International...
(SZDSZ), part of the governing coalition since the 2002 elections
Hungarian parliamentary election, 2002
The results of the Hungarian parliamentary election of 2002 are as follows:-External links:* ,...
, 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. 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.
The 2011 constitution of Hungary which was signed into law on April 25, 2011, and will be in force by January 1, 2012, explicitly defines marriage as a union between a woman and a man.
Opinion polls
Several opinion polls have been conducted to gauge the attitudes of Hungary residents on the issue. A EurobarometerEurobarometer
Eurobarometer is a series of surveys regularly performed on behalf of the European Commission since 1973. It produces reports of public opinion of certain issues relating to the European Union across the member states...
released in December 2006 found that 18% agreed that same-sex marriages should be allowed throughout Europe. A poll by Medián conducted in July 2007 showed that 30% considered it was acceptable for same sex couples to get married. A poll by MASMI published in December 2007 showed 35% in favour of allowing same-sex couples to be married. A poll by Szonda Ipsos in September 2009 found that the majority, 58% supports the newly introduced registered partnership for same sex couples.
See also
- LGBT rights in Hungary
- Civil unionCivil unionA civil union, also referred to as a civil partnership, is a legally recognized form of partnership similar to marriage. Beginning with Denmark in 1989, civil unions under one name or another have been established by law in many developed countries in order to provide same-sex couples rights,...
- Recognition of same-sex unions in Europe