A landmark ruling: Same-sex marriage could become recognised in Hungary too!

Currently, Hungarian law does not recognise same-sex marriage, as the Fundamental Law explicitly states that marriage can only exist between a man and a woman. The highest legal recognition available for same-sex couples is a registered partnership. However, Hungary is not an isolated island in Europe but a member of the European Union, and the rules could change significantly following a recent EU court decision.

Marriage is not registered partnership

Since 2009, Hungarian law has recognised registered partnerships for same-sex couples. This situation has not changed under Viktor Orbán’s conservative governments, which have frequently criticised the LGBTQ+ community and, at times, conflated it with serious crimes. Registered partners enjoy some social security, family tax, and inheritance benefits, but these fall short of full equality with marriage. For instance, joint adoption of children is not permitted within registered partnerships, nor can one partner adopt the other’s child.

A historic decision

This could soon be overturned by a ruling from the EU Court of Justice. The case originated in Poland, where a same-sex couple, both Polish citizens, married in Germany, sought recognition of their marriage in the Polish civil registry. Their request was refused because neither Polish nor Hungarian law currently recognises same-sex marriages—a situation Hungary could have faced similarly.

The EU court ruled that Poland’s refusal breaches EU law. If a same-sex couple legally marries in one EU country where it is allowed, another member state cannot deny recognition of that marriage, even if same-sex marriage is outlawed there. The court justified this based on the EU’s fundamental rights to free movement and residence.

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