Hungary’s top court throws out retroactive gender change ban

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3/12/21

Hungary’s Constitutional Court on Friday said it had thrown out a government bid to stop people who have changed gender being recognised in official documents, an issue that pitched the ruling conservative Fidesz party against liberal critics. Anyone beginning the transition after the May 2020 legislation remains unable to win recognition for the change, but activists said multiple legal challenges had been filed and they were encouraged by Friday’s decision. The right-wing nationalist government of Prime Minister Viktor Orban, who faces elections in 2022, is increasingly hostile to LGBTQ people, as is Poland’s ruling PiS party, Orban’s ally. Orban redefined marriage as the union between one man and one woman in the Constitution, and limited gay adoption. Hungary also outlawed legal status for all transgender people, including for people who had already made the switch – retroactive legislation that the court deemed unconstitutional. LGBTQ rights group Hatter estimates there could be dozens of such cases.

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