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The legal framework offered in Europe to LGBTIQ+ individuals remains unequal, and their rights are increasingly threatened in certain member countries. The differences between marriage and civil union legislations, combined with new legal restrictions implemented in some countries, challenge the EU’s equality framework.
The latest blow to LGBTIQ+ individuals within the EU: an amendment to the Slovak Constitution, which came into effect on Saturday, November 1, states that the country “recognizes only two sexes, male and female.”
This amendment also reserves adoption for married couples, effectively excluding same-sex couples, as same-sex marriage is prohibited in Slovakia. Surrogacy is expressly banned there.
The Slovak Constitution already defines marriage as the union of a man and a woman, in an amendment from 2014, adopted while the current nationalist Prime Minister Robert Fico was also in power.
This radical change now places national law above EU law. It states that Slovakia’s “sovereignty” in “cultural and ethical matters” takes precedence over European law.
Fico, who returned to power in 2023, has often disagreed with the EU. Critical voices have warned that the constitutional reform could put Slovakia in conflict with the provisions of European treaties. The Venice Commission, an advisory body of the Council of Europe in Strasbourg on constitutional matters and a non-European organization defending human rights, is also said to have expressed criticism before the vote on this reform.
The Slovak Public Defender of Human Rights, Róbert Dobrovodský, stated that this reform “is not the way to a fairer and more humane country” and that “the possible questioning of the priority of fundamental rights and freedoms arising from international treaties and EU law over Slovak law does not contribute to the legal security of the country’s inhabitants, particularly those belonging to minorities.”
LGBTIQ+ is a generic term that encompasses a wide diversity of sexual orientations and gender identities, beyond heterosexuality and cisidentity. It includes Lesbians, Gays, Bisexuals, Transgender individuals, Intersex people, Queers/Questioning, and others represented by the +.
Within the EU, Hungary is also often criticized for its regression in LGBTIQ+ rights. The nationalist Prime Minister Viktor Orbán has restricted them for years in the name of “child protection,” and this year, his governing coalition adopted legislative changes aimed at banning pride marches.
Disparities in marriage and civil union rights
The legalization of marriage for all remains a persistent point of contention within the EU. While some countries accepted it several years ago, others still face strict rules and a political deadlock.
On October 1, 1989, in Denmark, several same-sex couples were the first in the world to enter into a civil union, thus granting legal status to their relationship, although they did not obtain marriage status. The Netherlands was the first state to allow same-sex marriage in April 2001.
Since then, 21 other European countries, including 15 EU members, have followed: Andorra, Austria, Belgium, the United Kingdom, Denmark, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Norway, Portugal, Slovenia, Spain, Sweden, Switzerland, and the Principality of Liechtenstein.
Some European states have allowed civil unions between same-sex individuals without legalizing same-sex marriage, notably Italy, Hungary, Croatia, Cyprus, Latvia, the Czech Republic, and the Principality of Monaco.
Marriage generally provides full legal recognition to the couple, including rights related to adoption, inheritance, and social benefits. In contrast, civil unions offer only part of these benefits and vary significantly from country to country.
In Poland, proposals to legalize civil unions have been under close scrutiny for years, not only under the previous government of the Law and Justice party (PiS) and former President Andrzej Duda, but also facing opposition from his successor, Karol Nawrocki.
In power from 2015 to 2023, the PiS government firmly opposed any initiative to legalize civil unions, even as nearly a million Poles live in cohabitation, including both heterosexual and homosexual couples. Upholding a Catholic vision, the PiS opposed granting more rights to sexual minorities.
The centrist party of the current Prime Minister, Donald Tusk, has committed to legalizing civil unions in his country, a traditionally Catholic society that currently recognizes marriage only between a man and a woman. Several attempts at legalization, including for LGBTIQ+ couples, have failed over the past twenty years.
In October, the government presented a bill aimed at legalizing civil unions, including those between same-sex individuals, calling it a “progress” for LGBTQ+ rights. This text, referred to as the “closest parents law,” would grant unmarried couples rights regarding inheritance, housing, and access to medical information, but would not allow them to adopt children.
In neighboring Czech Republic, same-sex couples can enter into a registered partnership but cannot marry. PACS has been possible in the country since July 2006. However, LGBTIQ+ community members still do not enjoy the same rights as the rest of the Czech population, participants in the Prague Pride march told the CTK news agency.
Bulgaria’s law also does not recognize same-sex marriages, even if they have been legally celebrated abroad. Although discrimination based on sexual orientation is prohibited, the lack of legal recognition poses serious issues regarding parental rights and inheritance. In the event of the death of the legally recognized parent, the surviving partner and child may find themselves without legal ties or representation, raising complex questions regarding guardianship, inheritance, and the child’s well-being.
The EU seeks to strengthen the rights and security of LGBTIQ+ individuals
The European Union Agency for Fundamental Rights warned in a report published in September that the LGBTIQ+ community was being instrumentalized in a climate of growing or persistent intolerance and sectarianism, as well as in the context of intense online hate campaigns disseminated on social media and in public spaces.
Last May, nine EU member states (Italy, Hungary, Romania, Bulgaria, Croatia, Lithuania, Latvia, the Czech Republic, and Slovakia) did not sign the declaration presented by the Belgian presidency, which promoted policies in favor of LGBTIQ+ communities. It was prepared on the occasion of the International Day Against Homophobia, Transphobia, and Biphobia.
Last month, the European Commission stated that, despite increased social acceptance of LGBTIQ+ individuals within the EU over the past five years, they continue to experience disproportionate and unacceptable levels of hate, violence, and discrimination. It then adopted its strategy for LGBTIQ+ equality for the period 2026-2030, which aims to combat hate and promote freedom and diversity in the EU and beyond.
To protect members of the LGBTIQ+ community from discrimination, Brussels is also considering presenting a proposal to combat online hate speech.
In a press release, the Commission also indicated its desire to crack down on “conversion therapies” – pseudoscientific practices aimed at attempting to change a person’s sexual and/or romantic orientation, identity, or gender expression to align them with heterosexual and cisgender norms – targeting LGBTIQ+ individuals. More than a million people signed a petition in May calling on the EU to ban these practices.
Nevertheless, the European Commissioner for Equality stated to AFP that Brussels would not go so far as to ban these practices. “We cannot ban them as it would encroach on the competencies of member states,” asserted Hadja Lahbib.
However, she was clear about her conviction: “It is evident that all Twenty-Seven must ban them.”
This article is a key story from ENR. Its content is based on information published by the agencies participating in ENR.