Hungary Proposes Anti-LGBTQ+ Adoption Policy

Hungarians celebrate LGBTQ Pride. This month, lawmakers introduced a measure to ban adoption by same-sex couples. (Wikimedia Commons)

Hungarian lawmakers recently proposed legislation that would outlaw adoption by same-sex couples. If passed, the law would allow only married (heterosexual) couples or single people with express permission from the Ministry of Family Affairs to adopt children.

The government stated that the new bill, submitted by Justice Minister Judit Varga, focuses on “traditional values” to protect children’s rights during the adoption process. Though the Hungarian constitution already stipulates that marriage is between a man and woman, this legislation dictates that “the mother is a woman and the father is a man” in parental relationships.

This bill is part of a series of legislative actions espousing anti-LGBTQ+ rhetoric. Earlier this month, Hungarian President Viktor Orbán’s party submitted a constitutional amendment to parliament that would require children to be raised according to a Christian concept of gender roles. In May, Budapest also instituted a ban on the right of transgender people to change their legal sex on personal documents and took issue with children’s books that display diversity in gender identity.

Orbán’s party stated that its policy “protects children’s right to the gender identity they were born with,” promptly raising international concerns over the government’s potential restriction of transgender identities. The EU in particular has become more vocal in its support of LGBTQ+ rights, with EU Commissioner for Equality Helena Dalli stating her sadness in this legislation. 

The EU announced several policies to strengthen LGBTQ+ protections, with the proposed classification of  hate crimes like homophobic speech as an “EU crime.” The EU Commission also plans to propose a new law by 2022 that ensures the validity of same-sex parents, who will be recognized when they cross borders within the EU with their children.

However, the EU struggles with enforcing its legislation, as its recommendations are not binding for member states. Budapest pushed back on this pressure from the EU, with Varga stating that Europe needs to focus on terrorist attacks rather than Hungary’s rule of law. Varga also criticized the EU’s plan to restrict budget payments to member states that violate EU laws and values.

LGBTQ+ groups voiced suspicions about the timing of the legislation being deliberate: the day after the bill was submitted to Hungary’s parliament, the government enforced strict social distancing measures to combat the recent spike in coronavirus infections. As a result, public protests cannot take place, leaving civil society activists without an outlet to place public pressure on leadership.