Hungary’s Parliament, backed by the ruling Fidesz-KDNP’s two-thirds majority, recently passed what seemed like a simple measure: that civil marriage can only be entered into between a man and a woman. But what happens to same-sex marriages conducted abroad? The issue also requires parliamentary action, but lawmakers have so far failed to act, amounting to a constitutional violation by omission. The Constitutional Court has given Parliament until the end of October to resolve the matter.

Constitutional breach by omission

What happens when a same-sex couple gets married abroad and seeks recognition in Hungary? At first glance, the answer appears straightforward: since Hungarian law prohibits same-sex marriage, such unions cannot be acknowledged. However, the reality is more nuanced. Hungary permits registered partnerships between same-sex couples, which offer various legal rights, though they fall short of marriage in areas such as name-taking and child adoption.

On Monday, the Constitutional Court published a notice in the Hungarian Gazette stating that Parliament must enact legislation by October 31 to address how foreign same-sex marriages can be acknowledged as registered partnerships under Hungarian law. The ruling followed an appeal from a same-sex couple married abroad who had unsuccessfully sought official recognition of their union.

Declining support for same-sex marriage

The Telex article also notes a consistent decline in public support for same-sex marriage in Hungary. This trend is likely influenced by the government’s increasingly hostile rhetoric toward sexual minorities, culminating in the attempted ban of the Budapest Pride Parade. Although it was eventually held last Saturday as a municipal event with minimal disruption, participants still face the spectre of potential fines. Support for same-sex marriage dropped from 67% in 2023 to 62% last year, and now stands at just 61%.

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What is a registered partnership?

Hungary’s Fundamental Law (formerly the Constitution) explicitly defines marriage as a union between a man and a woman, thus precluding same-sex marriage. However, since 2009, same-sex couples have had the option to enter into registered partnerships. This legal form is not available to heterosexual couples, who may only enter into informal partnerships, which offer fewer protections.

The ceremony for a registered partnership is conducted in front of a registrar with two witnesses and is a public event. Registered partners enjoy the same inheritance rights as spouses, must share assets acquired jointly, and are entitled to the same tax, social, labour, and immigration benefits as married couples.

Key differences remain: only adults may enter into registered partnerships; partners cannot take each other’s surnames; they are barred from adopting children—including each other’s—and cannot access assisted reproductive services. If one partner has a child, the other cannot be legally recognised as a parent. In all other legal respects, registered partners have the same rights as married couples, even when laws explicitly mention spouses.

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More news related to the LGBTQ community can be found HERE.

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