Did samesex partners win or lose

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Did same-sexpartners win or lose?

• The Hungarian Act on Registered Partnership
• Eszter Polgári

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1. About the Hungarian situation

• general attitude to LGBT issues Hungary is the
  fifth most intolerant society in Europe (J.
  Takács, L. Mocsonaki, T. P. Tóth The Social
  Exclusion of LGBT People in Hungary, 2007)
• 2007 a leading politicians coming out spurred
  the discussion about giving equal rights to
  same-sex partners the liberal party and LGBT
  organizations proposed gay marriage, while the
  government rather supported registered
  partnership
• extremist counter-demonstrators attacked the gay
  pride the police failed to protect the march

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2. Why not marriage? The constitutional
background

• Article 15 The Republic of Hungary shall protect
  the institutions of marriage and the family.
• Constitutional Court Decision 14/1995
• it is constitutional that marriage is restricted
  to men and women
• however, the state can offer different legal
  options for currently exceptional communities
• in creating these legal institutions everyone has
  to be treated with equal dignity
• there is no constitutional reason to justify the
  distinction between heterosexual and homosexual
  couples in domestic partnerships the Civil Code
  was amended accordingly

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2. Why not marriage? The constitutional
background

• Constitutional Court Decision 65/2007
• a proposal for a referendum on allowing gay
  marriage
• CC in the appeal procedure against the rejection
  of ordering it based on the decision of 1995 a
  valid referendum on introducing gay marriage
  would call for the amendment of the Constitution,
  thus it cannot be ordered ? the Const. excludes
  same-sex marriage
• the only way of opening marriage for same-sex
  couples is through the amendment of the
  Constitution (2/3 majority is required)

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3. The Registered Partnership Act RPA

• November 2007 the Government decides to
  introduce registered partnership before the
  adoption of the new Civil Code
• the RPA is adopted on 17 December Act no. CXXXV
  
• separate act not integrated in the Family Code
• registered partnership is available for both
  heterosexual and homosexual couples
• registration constitutive, before a registrar
  (the same rules apply as in case of marriage,
  except that a minor cant enter into a registered
  partnership)

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3. The Registered Partnership Act RPA

• rights and duties general reference by the RPA
  to married couples, the relevant provisions of
  the Family Code are amended accordingly
  (maintenance, use of common dwelling,
  inheritance)
• the same property regime applies
• differences
• no joint adoption, no stepchild adoption
• no right to wear the partners name
• dissolution by notary simplified procedure, by
  court in case of disagreement
• the Act enters into force on 1 January 2009

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4. Issue left open Adoption

• currently any person single or married may
  apply for adoption
• preference is given to married couples and only
  married couples are eligible for joint adoption
• stepchild adoption is available only for married
  couples
• the draft of the new Civil Code no preference
  for married couples
• but no joint adoption by registered partners
• the latest step-back the Ministry for Social and
  Labor Affairs informally proposed to keep the
  preference for married couples.

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• Thank you for your attention!