EU country enshrines two genders in constitution

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Hungary has legally specified male and female as the only two sexes

Hungary’s parliament has passed a constitutional amendment recognizing only two genders, male and female. The move runs counter to a broader EU policy on LGBTQ rights.

The amendment to the Basic Law, proposed by the ruling Fidesz-KDNP coalition, was adopted on Monday with 140 votes in favor and 21 against, with no abstentions.

Under the changes, the constitution now states that Hungary shall protect the institution of marriage as the voluntary “union of one man and one woman” and the family as the basis of the survival of the nation. Family ties should be based on marriage or the relationship between parents and children. “The mother shall be a woman; the father shall be a man,” the text reads.

The amendment also codifies a ban on public LGBTQ+ events and declares that children’s rights to moral, physical, and spiritual development supersede any other fundamental rights, except the right to life.

In 2020, Hungary abolished the legal recognition of transgender people, and in 2021 amended its child protection laws to prohibit the promotion of LGBTQ topics in media, advertising, and educational materials accessible to minors. The measures sparked a backlash in Brussels, with the European Commission launching legal action against Budapest, referring the case to the European Court of Justice, and freezing billions in EU funds over alleged violations of fundamental rights.

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Hungarian Prime Minister Viktor Orban @ Jonathan Raa/NurPhoto via Getty Images
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Ahead of Monday’s vote, opposition politicians and other protesters attempted to block the entrance to the parliamentary parking garage to prevent ruling party lawmakers from entering. During the session, opposition lawmakers used air horns in an attempt to disrupt the proceedings. They have denounced the changes as a retreat from democracy and an assault on the core values of the EU, of which Hungary has been a member since 2004.

Commenting on the amendment, Hungarian Prime Minister Viktor Orban said the international gender network “must take its hands off our children.” 

He added, referring to US President Donald Trump’s ending of Washington’s long-standing promotion of diversity and inclusion: “Now, with the change in America, the winds have shifted in our favor.” 

In December, Orban declared that the West’s 500-year hegemony was over and the “coming century will be the century of Eurasia,” saying the strategy of ‘westernizing’ the world had failed and that countries able to defend their values would come out ahead.

Last week in Slovakia, another EU member, a draft constitutional law aimed at enshrining two genders passed its second reading.

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