Did same-sex partners win or lose? The Hungarian Act on Registered Partnership Eszter Polgári

1. About the Hungarian situation  general attitude to LGBT issues: Hungary is the fifth most intolerant society in Europe (J. Takács, L. Mocsonaki, T. P. Tóth – The Social Exclusion of LGBT People in Hungary, 2007)  2007: a leading politician’s coming out spurred the discussion about giving equal rights to same-sex partners: the liberal party and LGBT organizations proposed gay marriage, while the government rather supported registered partnership  extremist counter-demonstrators attacked the gay pride – the police failed to protect the march

2. Why not marriage? The constitutional background  Article 15: The Republic of Hungary shall protect the institutions of marriage and the family.  Constitutional Court Decision 14/1995  it is constitutional that marriage is restricted to men and women  however, the state can offer different legal options for “currently exceptional communities”  in creating these legal institutions everyone has to be treated with equal dignity  there is no constitutional reason to justify the distinction between heterosexual and homosexual couples in domestic partnerships [the Civil Code was amended accordingly]

2. Why not marriage? The constitutional background  Constitutional Court Decision 65/2007  a proposal for a referendum on allowing gay marriage  CC in the appeal procedure against the rejection of ordering it: based on the decision of 1995 a valid referendum on introducing gay marriage would call for the amendment of the Constitution, thus it cannot be ordered → the Const. excludes same-sex marriage  the only way of opening marriage for same-sex couples is through the amendment of the Constitution (2/3 majority is required)

3. The Registered Partnership Act [RPA]  November 2007: the Government decides to introduce registered partnership before the adoption of the new Civil Code  the RPA is adopted on 17 December [Act no. CXXXV]  separate act – not integrated in the Family Code  registered partnership is available for both heterosexual and homosexual couples  registration: constitutive, before a registrar (the same rules apply as in case of marriage, except that a minor can’t enter into a registered partnership)

3. The Registered Partnership Act [RPA]  rights and duties: general reference by the RPA to married couples, the relevant provisions of the Family Code are amended accordingly (maintenance, use of common dwelling, inheritance)  the same property regime applies  differences:  no joint adoption, no stepchild adoption  no right to wear the partner’s name  dissolution: by notary – simplified procedure, by court – in case of disagreement  the Act enters into force on 1 January 2009

4. Issue left open – Adoption  currently: any person – single or married – may apply for adoption  preference is given to married couples and only married couples are eligible for joint adoption  stepchild adoption is available only for married couples  the draft of the new Civil Code: no preference for married couples  but no joint adoption by registered partners  the latest step-back: the Ministry for Social and Labor Affairs informally proposed to keep the preference for married couples.

Thank you for your attention!