Hungarian Constitutional Court: Foreign same-sex marriages must be recognized as registered partnerships
On June 3, the Hungarian Constitutional Court found that it is an unconstitutional omission that Hungarian law does not ensure the domestic recognition of same-sex marriages concluded abroad as registered partnerships. The Court called on the Parliament to fulfill its legislative duty by October 31, 2025.
Two clients of Háttér Társaság filed a constitutional complaint with the Constitutional Court after unsuccessfully attempting to have their marriages concluded abroad recognized as registered partnerships by Hungarian authorities. In their submissions, they argued that the fact that the authorities consider their marriage as non-existent and refuse to recognize it either as a marriage or as a registered partnership violates their right to human dignity and respect for private and family life as protected by the Fundamental Law. They also argued that this is contrary to the case-law of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union.
The Constitutional Court held a personal hearing in February 2024, where the Ministry of Foreign Affairs and Trade explained that the state has no obligation to convert relationships based on foreign law, i.e. the marriage of same-sex couples, into a legal partnership recognized under Hungarian law. The Ministry of Justice noted in its written contribution that same-sex married couples can enter into a registered partnership in Hungary following their marriage. They also emphasized that it is important to maintain a clear separation between marriage and registered partnership, and the conversion of a foreign marriage to a Hungarian registered partnership would break such a distinction.
In its decision delivered yesterday, the Constitutional Court recalled that the legislator created a legal institution – registered partnership – to recognize same-sex partnership, which is similar to marriage both in its function and legal effects. The Court opined that leaving the petitioners (married same-sex couples) without any recognition violates their fundamental rights, and that no regular court can resolve this issue through legal interpretation.
Taking into consideration the minority opinions as well, it can be concluded that the Court was unanimous in their assessment that the current situation violates fundamental rights, but at the same time, two solutions emerged: according to one, marriages concluded abroad should be recognized as registered partnerships, and there should be explicit legislative provision to allow this. According to the other position, it would be enough to stipulate (either in legislation or in a so-called “constitutional requirement” established by the Constitutional Court) that a marriage concluded abroad does not prevent the same persons from entering into a registered partnership in Hungary. The majority of the Constitutional Court finally decided in favor of the first solution, which is more favorable for same-sex couples.
The Parliament has until October 31, 2025 to adopt legislation that will eliminate the unconstitutional omission: in doing so, it must act in accordance with the decision of the Constitutional Court, i.e. it must enforce the right of same-sex couples married abroad to human dignity and respect for private and family life.
The Constitutional Court decision marks the end of many years of litigation. As early as 2017 a Hungarian court decided that a Belgian marriage of an American-Hungarian couple shall be registered as registered partnership in Hungary, but this ruling was later quashed by the Curia (highest regular court) on procedural grounds. In 2022, the Budapest Regional Court also took the position that an American same-sex marriage should be recognized as registered partnership, but the Curia reversed that judgment as well, stating that in the absence of an express legal provision, it is not possible to recognize marriages as registered partnerships. The Constitutional Court has now established that the adoption of such a legal provision is not only an option for the legislator, but a duty required by the Fundamental Law.
Same-sex couples can currently marry in 38 countries around the world, not only in Western Europe and North America, but also in Taiwan, Thailand, South Africa and most Latin American countries. Of the 27 Member States of the European Union 16 recognize same-sex marriage. Support for marriage equality has increased significantly in recent years in Hungary, a 2024 representative poll found that 54% of Hungarians support it.
"The decision of the Constitutional Court is an important milestone in our work for the equal rights of LGBTQI people. We are proud that our clients have honored us with their trust and that we were able to achieve this success together. Our legal aid service has been working for 25 years to ensure that Hungary grants the same rights to everyone regardless of sexual orientation or gender identity, and now we are one step closer to this," said Eszter Polgári, Legal Program Director at Háttér Society.