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.

• Hungarian Catholic Church goes against Pope Francis concerning blessing same-sex couples

Political turmoil on the horizon

The ruling does not force any member state to legalise same-sex marriage within its own laws. However, it does effectively require countries to recognise such marriages legally contracted elsewhere. The court commented, “If a family life is established in another member state, especially through marriage, they must be assured that this family life can continue after returning home,” as reported by Hungarian news portal Szeretlek Magyarország.

As expected, political reactions have been swift. The plaintiffs’ lawyer called the ruling historic, while a Hungarian government official welcomed it. Meanwhile, conservative Polish President Karol Nawrocki vowed to veto any legislation that threatens the constitutionally guaranteed special status of marriage, although the EU court did not require changes to constitutional marriage definitions.

Same-sex marriage can become recognised

Hungary’s Constitutional Court stated in June that Parliament must address the legal status of same-sex couples married abroad. According to Szeretlek Magyarország, the Court might consider recognising these marriages as registered partnerships.

It remains unclear whether the EU decision means member states must recognise the marriages exactly as marriages or if recognising them through mechanisms such as registered partnerships suffices.

What is certain is that the European Commission could launch infringement proceedings against countries that refuse to recognise foreign same-sex marriages in any form.

Read also:

• Will Hungary recognise same-sex marriage? Here is the decision of the Constitutional Court
• Hungarian government: same-sex couples should be excluded from adoption

Click for more of our articles concerning the LGBTQ community in Hungary.