The fifteenth amendment to the “granite-solid” Fundamental Law has arrived, further oppressing Hungarian transgender people. As if their everyday lives were not already difficult enough, with a new amendment, Fidesz politicians want to remove the ban on discrimination and harassment based on gender identity from the Equal Treatment Act.
To further marginalise trans people, the latest amendments to the Fundamental Law and legislations were introduced under cover of night. For the fifteenth time in thirteen years, Fidesz would amend the Fundamental Law that has been reduced to a tool of daily political plays by now. The proposal would insert the sentence ‘the human being is a man or woman’ in front of the already infamous phrase ‘the father is a man, the mother is a woman’ that is reversed in reference to the “order of creation” this time. Sure, this applies to much of society. However, there are people with sex characteristics (chromosomes, hormones, external and internal sex organs, body structure) that are common to both sexes. There are many different forms of intersexuality, and they cover a wide range of health conditions. Thus, the proposal is even scientifically unsound, contradicting the very biological reality that it likes to defend so militantly.
Gender identity is the internal, personal sense and experience of one’s own gender belonging. To recognise that one’s gender identity does not align with the gender assigned at birth is an extremely challenging process. It is not a trend or a fad: for trans people, it is more difficult to find a job, housing, and access to adequate healthcare, and they are often subjected to street harassment and violence. Why would anyone choose to face these struggles out of fashion?
It is understood that some trans people distinctly identify as female or male, and the amendment does not affect them at first sight, but rather targets those identifying as non-binary. The introductory text of the amendment, however, makes it clear that the aim is- and has been by law since 2020 – to constitutionally ban gender and name reassignment for all transgender people.
Trans people have always existed: Sándor Vay, a nineteenth-century Hungarian count, lived his life as a man despite being registered as a woman at birth. As recently as the 1960s, it was possible to change one’s officially recorded sex. Why does the government interfere in our private lives and override reality on ideological grounds?
In addition, another inhuman amendment would remove the prohibition of harassment and discrimination on the basis of gender identity from the Equal Treatment Act. The law in force since 2003, considered progressive even in Europe at the time when it was adopted, prohibits employers, educational institutions, and service providers, among others, from discriminating against individuals based on gender, ethnicity, religion, sexual orientation, or gender identity. Who benefits from trans humans being released from their jobs and turned away at banks or being harassed at the train because of their gender identity? How does this contribute to a better country to live in? The state’s role is to ensure the safety of its citizens, not to discommode their lives.
The status is of concern already: according to FRA data, half of the Hungarian trans people experience discrimination in their everyday lives. It is feared that the amendment could aggravate their struggles, complicating a simple parcel collection at postal services, credit card payment, or even the administration at the government offices.
Furthermore, according to the latest representative public opinion surveys, 72% of Hungarians would make it possible for transgender people to change their gender and name on their official documents. 61% of the population agrees with protecting transgender people from discrimination in employment, housing, and access to services. It appears that the proposed amendment may not have the support of society.
We are here and here to stay, and we will stand up at every existing forum for each and every member of our community!
Signatory organisations:
Amnesty International Magyarország [Amnesty International Hungary]
Budapest Pride [Rainbow Mission Foundation (Budapest Pride)]
Háttér Társaság [Háttér Society]
Labrisz Leszbikus Egyesület [Labrisz Lesbian Association]
Prizma Transznemű Közösség [Prism – Transgender Community]
Translation by qLit/Zsuzsa Petrás
