LGBTQ Legal Status
Anti-Discrimination
limited
The history of LGBT rights in Hungary is a story of two distinct eras: an early period of liberalization (decriminalizing homosexuality decades before many Western nations), followed by a sharp and well-documented rollback of rights in the last decade under the Fidesz government.
Here is the historical overview of the legalization of homosexuality and gay rights in Hungary.
Phase I: The "Kádár Era" Decriminalization (1961–1989)
Under the Communist regime of János Kádár, Hungary adopted a pragmatic legal approach. Unlike the Soviet Union (which sent gay men to gulags), Hungary moved to decriminalize private acts to focus on "public order."
1878: The Hungarian Penal Code (Code Csemegi) criminalizes "unnatural fornication" (sodomy) with up to one year in prison.
1961: Decriminalization. A new Penal Code is enacted. Homosexual acts between consenting adults are decriminalized.
Note: This was very early for the region (e.g., West Germany didn't fully decriminalize until 1969).
However, the law remained discriminatory: the age of consent for homosexuals was set at 20, while for heterosexuals it was 14.
Phase II: The Liberal Interim (1990–2009)
Following the fall of Communism, Hungary moved quickly to align with Western norms, driven by the desire to join the European Union. This period saw the expansion of rights and legal recognition.
2002: Age of Consent Equalized. The Constitutional Court rules that the unequal age of consent is discriminatory. It is equalized at 14 for everyone.
2004: The Act on Equal Treatment is passed to comply with EU requirements. It bans discrimination based on sexual orientation and gender identity in employment, education, and healthcare.
2009: Registered Partnerships (Bejegyzett élettársi kapcsolat) are introduced.
Passed by the Socialist government, this law granted same-sex couples almost all the rights of marriage (tax, inheritance, immigration).
Exceptions: It did not allow for the taking of a common surname or adoption.
Phase III: The Constitutional Turn (2010–2019)
After the Fidesz party won a supermajority in 2010, the government rewrote the country's legal foundation to explicitly exclude same-sex couples from the institution of marriage.
2012 (January 1): The new Fundamental Law of Hungary (Constitution) enters into force.
Article L explicitly defines marriage as "the union of a man and a woman," creating a constitutional ban on same-sex marriage.
2016: The government blocks Hungary's participation in the EU-wide agreement on property regimes for international couples, specifically to avoid recognizing foreign same-sex marriages.
Phase IV: The "Child Protection" Era (2020–Present)
The most recent period has seen the active removal of existing rights, focusing on transgender people and the visibility of LGBT issues in media and schools.
2020 (May): Ban on Legal Gender Change. Parliament passes widespread legislation (Article 33) which replaces "sex" with "sex at birth" in the civil registry.
Result: It becomes legally impossible for transgender people to change their gender marker on ID documents, regardless of medical transition.
2020 (December): Adoption Ban. The Constitution is amended again to state: "The mother is a woman, the father is a man."
Simultaneously, the law was changed to effectively ban single-parent adoption (a loophole same-sex couples used to adopt). Adoption is now restricted almost exclusively to married (heterosexual) couples.
2021 (June): The "Anti-Propaganda" Law. Parliament passes the "Child Protection Act."
It bans the portrayal or promotion of homosexuality and gender reassignment in content available to minors (under 18).
This led to books being wrapped in plastic foil in bookstores and TV shows featuring gay characters being given 18+ ratings.
2025: Constitutional Amendment on Gender. Hungary passes a 15th amendment to the Fundamental Law, stating that the state only recognizes two genders: male and female. This further cements the 2020 ban on legal gender recognition and restricts public assembly rights for events that "promote" non-traditional gender roles.
Historical Timeline
1961: Decriminalization of homosexuality (Kádár era).
2002: Age of consent equalized (at 14).
2004: Anti-discrimination laws enacted (EU accession).
2009: Registered Partnerships legalized (Civil Unions).
2012: New Constitution defines marriage strictly as Man + Woman.
2020: Ban on legal gender recognition (Article 33).
2020: Constitutional ban on adoption by same-sex couples ("Mother is a woman").
2021: "Anti-Propaganda" law bans LGBT content for minors.
2025: Constitutional amendment restricting recognition to only two genders.
