Foreign Same-Sex Marriages Must Be Recognized as Registered Partnerships in Hungary, Top Court Says

The Hungarian Constitutional Court decided in favour of the petitioners, two couples who got married in Germany and the United States respectively.

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The Hungarian Constitutional Court decided in favour of the petitioners, two couples who got married in Germany and the United States respectively.

On June 3rd, the Hungarian Constitutional Court ruled that it is an unconstitutional omission that Hungarian law does not ensure the domestic recognition of same-sex marriages entered into abroad as registered partnerships. The Court called on the Hungarian parliament to correct its omission of creating appropriate legislation by October 31, 2025. Three justices of the 13 disagreed with the ruling, presenting individual separate opinions.

The issue has been a matter of contention between the Hungarian government and Brussels for years. As Hungarian law does not recognize same-sex unions as marriage, with Hungarian gay and lesbian couples having the option of entering a so-called registered partnership, the Hungarian state has argued that it has no obligation to recognize foreign same-sex marriages in Hungary as registered partnerships.

The ruling comes following two complaints submitted to the top Hungarian court by the legal representatives of two same-sex couples (one of each party being a Hungarian citizen) residing in Hungary, who entered into marriage in the United States and Germany respectively, and whose request that their union be recognized as registered partnership was turned down by government agencies as well as lower courts.

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