Slovakia's Constitutional Amendment Challenges EU Equality Framework
In a move that has sent shockwaves through the European Union, Slovakia implemented a controversial constitutional amendment on November 1, 2025, that significantly restricts the rights of same-sex couples and asserts national sovereignty over EU law on cultural and ethical matters. The amendment, championed by nationalist Prime Minister Robert Fico, recognizes only two sexes—male and female—and restricts adoption rights exclusively to married couples, effectively excluding same-sex partners since they cannot marry in Slovakia.
"This is not the path to a fairer and more humane country," stated Slovakia's Public Defender of Rights, Róbert Dobrovodský, who warned that the amendment undermines legal certainty for minorities and could conflict with EU treaties.
EU's Uneven LGBTIQ+ Rights Landscape
The Slovakian development highlights the stark disparities in LGBTIQ+ rights across the 27-member bloc. While social acceptance has generally increased, the legal framework remains fragmented. Currently, only 15 EU countries have legalized same-sex marriage, while others offer varying degrees of civil union recognition or maintain outright prohibitions.
In neighboring Poland, Prime Minister Donald Tusk's government recently proposed a "next of kin act" to legalize civil unions, though it stops short of allowing same-sex adoption. "This represents a step forward for LGBTIQ+ rights in our traditionally Catholic society," a government spokesperson told reporters.
Hungary, under Prime Minister Viktor Orbán, has also been criticized for rolling back LGBTIQ+ rights under the guise of "child protection," including recent legal changes aimed at restricting Pride marches.
EU Response and Strategy
The European Commission has acknowledged the growing threats to LGBTIQ+ communities across the bloc. In October 2025, the Commission adopted its LGBTIQ+ Equality Strategy for 2026-2030, aiming to combat hatred and promote diversity.
EU Equality Commissioner Hadja Lahbib emphasized the urgency: "Progress can never be taken for granted. Across Europe and beyond, LGBTIQ+ people face rising hate and fear. When people feel unsafe, they turn to the EU. We must be their lighthouse of hope."
The strategy includes measures to combat online hate speech and address harmful practices like conversion therapy, though Lahbib noted that an outright EU-wide ban on conversion practices remains challenging due to member state competencies.
International Concerns and Legal Implications
The Council of Europe's Venice Commission, an advisory body on constitutional matters, had reportedly expressed criticism of Slovakia's amendment before its adoption. Human rights organizations have condemned the move, with Amnesty International Slovakia director Rado Sloboda calling it "devastating news" and "another dark day for Slovakia."
The amendment's assertion that national law takes precedence over EU law on cultural and ethical questions raises fundamental questions about the primacy of EU law, a cornerstone of European integration since the 1960s.
As the EU grapples with these challenges, the Slovakian case serves as a stark reminder that the fight for LGBTIQ+ equality remains an ongoing battle across the continent, testing the very foundations of the European project's commitment to fundamental rights and freedoms.