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Did same-sex partners win or lose?. The Hungarian Act on Registered Partnership Eszter Polgári. 1. About the Hungarian situation.
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Did same-sexpartners 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 Decision14/1995 • 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.
