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Hungarian Constitutional Court Examining Transgender Law

Budapest, Hungary (AP)-A Hungarian court has demanded a constitutional review of a law prohibiting transgender individuals from changing their names and genders in official documents. This could hit the recent wave of law limiting LGBTQ Hungarian rights.

In a statement last week, Hungary’s largest LGBTQ rights group, Hatter Society, said in a ruling last week that the Mishkolts District Court in eastern Hungary told petitioners that the law violated constitutional rights to human dignity and private life. I made a favorable decision.

The Constitutional Court now has 90 days to rule on the constitutionality of the law.

The law, which is part of a comprehensive petition passed by the Hungarian Parliament in May, states that a person’s “biological gender” is permanently defined by the chromosome at birth, and transgender individuals are given gender or name to the government. In the official record, which stipulates that it is impossible to petition for changes in. The author of the law argued that the same rules should be applied to the public register because his biological gender cannot be changed.

Critics say the law contradicts previous decisions by both the European Court of Human Rights and the Hungarian Constitutional Court, increasing discrimination against transgender people and forcing them to make so clear when presenting official documents. It states that.

63 members of the European Parliament sent a letter to Hungarian authorities to revoke the bill prior to its passage, and rights group Amnesty International said it had “returned Hungary to the Dark Ages.” Many other individuals and organizations have condemned the bill, including several members of the United Nations, human rights members of France, the Netherlands and Germany, and a resolution of the European Parliament.

In an email to the Associated Press, Hatter Society’s Luka Duditz correspondent said the Miskolc court ruling “reflects what we have said and repeated since the bill was proposed. And violates national and international human rights standards. ” .. “

The Transgender Approval Act is part of a broader effort to curb what Hungary’s right-wing government calls “gender ideology” and maintain Hungary’s position as a traditional Christian society.

Same-sex marriage was constitutionally banned in Hungary in 2012, but civil partnerships are allowed. However, a legal proposal filed by Justice Minister Judit Barga on November 10 states that only married couples can adopt their children and effectively prohibit same-sex couples from adopting them. I will.

Barga also proposed a constitutional amendment that would change the constitutional definition of the family to exclude transgender and LGBTQ individuals. The amendment defines the foundation of the family as “marriage and parent-child relationships” and states that “mothers are women and fathers are men.”

The amendment also declares that the Hungarian state “protects children’s rights to innate gender identity and guarantees child development based on our country’s self-awareness and Christian culture.”

Early steps taken by Prime Minister Victor Oban’s Fides Party show a hostile approach to LGBTQ issues, including the 2018 ban on gender studies programs at Hungarian universities. In justifying the decision, Deputy Prime Minister Zsolt Semjen said that the field does not exist in academia because gender studies are “ideology, not science.”

Hungary also refused to ratify the Istanbul Treaty, a European treaty on the prevention and fighting of violence against women and domestic violence, and said it represented an “attack on traditional family models.”

“(The convention) is trying to instill a gender philosophy, which is never acceptable,” Fides Vice-Chair Sylard Namet said in 2017.

Laszlo Kover, chairman of the Hungarian Parliament, compared the adoption of homosexuality with childhood. In October, Orban equated homosexuality with child abuse in opposition to Hungarian children’s books, which took a comprehensive approach to LGBTQ issues.

“Hungary has a law on homosexuality. Hungarians are patient and tolerant of this phenomenon, and we also tolerate provocation,” Orban said in an interview with public radio station Kossuth Radio. “But there is a red line that can’t cross. Leave the kids alone!”

Duttis of the Hatter Society said the organization is happy with the Miskolc court’s decision, but questions about the independence of the Constitutional Court could mean that the law remains valid and a wave of similar measures will continue. Said there is.

“Recently, we’ve seen a lot of regulations affecting the LGBTQI community, and we believe this is a way to scapegoat the community to win votes in the next election,” Dudits said. ..

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Hungarian Constitutional Court Examining Transgender Law

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