ILGA-Europe is particularly concerned with the fact that the proposed draft contains a definition of marriage as union between a man and a woman only. Such a restrictive definition clearly shows that Hungary wants to institutionalise homophobia in its supreme law. While Hungary already has registered partnership legislation for same-sex partners, such constitutional provision, if adopted, will mean that same-sex partners will be deprived from enjoying full legal equality as different sex partners.
Additionally, such restrictive definition of marriage would create serious restrictions in terms of the implementation of the EU free movement directive as same-sex partners married in other EU countries would not be recognised as married in Hungary. This is in direct breach of the EU Treaties, the EU Charter of Fundamental Rights and the EU freedom of movement directive which encourages EU member states to facilitate free movement for married and registered partners across the EU regardless of sexual orientation/gender of the partners.
Furthermore, Háttér our Hungarian member organisation informed us that while the Hungarian lawmakers state that the anti-discrimination provision of the proposed Constitution is based on the EU Charter of Fundamental Rights they have omitted sexual orientation for the list of banned grounds of discrimination, in spite of the fact that the Charter explicitly includes sexual orientation among the banned grounds of discrimination. This omission signals once more that the proposed Constitution goes against the current European human rights standards which clearly include sexual orientation as a ground of anti-discrimination.
Martin K.I. Christensen, Co-Chair of ILGA-Europe Executive Board, said:
“We are seriously concerned with the proposed Hungarian Constitution. The proposed draft signals a worrying sign of Hungary’s departure from the EU principles of equality and non-discrimination for all, and from European legal traditions.
We appeal to the Hungarians legislators to use this opportunity of revising their Constitution by affirming progressive and inclusive principles and values rather than taking a backward step towards limitation, marginalisation and discrimination.
Secondly, we appeal to the EU institutions to interfere with what appears to be a conscious move against principles of equality and non-discrimination on the grounds of sexual orientation enshrined in EU Charter of Fundamental Rights and EU freedom of movement directive.”