Bratislava — Slovakia’s parliament, has approved a sweeping constitutional amendment that legally recognizes only two sexes—male and female, and imposes new limits on adoption and surrogacy, sparking alarm from human rights groups and LGBTQ+ advocates.
The amendment, passed in a narrow 90‑vote majority in the 150‑seat National Council, also restricts adoption to married heterosexual couples and bans surrogate pregnancies. It was framed by Prime Minister Robert Fico’s government as a defense of “sovereignty in cultural and ethical matters” and traditional values. Fico heralded the vote as “a great dam against progressivism.”
The constitutional change marks one of the most significant curbs yet on LGBTQ+ and reproductive rights in the country, critics say, aligning Slovakia more closely with Hungary’s conservative trajectory, and raising concerns about violations of international commitments and human rights.
What the Law Does
- Defining Sex and Gender: The amendment states explicitly that only two sexes—male and female—are recognized under Slovak law. Legal definitions of gender identity beyond that framework are excluded.
- Adoption Restrictions: Only married heterosexual couples will now be able to adopt children. Same‑sex couples are excluded from adoption rights under the new wording.
- Ban on Surrogacy: The law prohibits surrogate pregnancies.
- Assertion of “National Identity”: The amendment declares that Slovakia retains sovereignty over issues of national identity, culture, and state ethics, even potentially above European Union law in certain areas.
Passage and Political Dynamics
The vote was precariously close. Fico’s coalition controls fewer than the 90 votes required for constitutional amendments, but 12 opposition lawmakers from conservative parties defected last minute, providing the margin required for passage.
Some opposition figures expressed outrage, describing defectors as traitors, alleging the vote was a political maneuver to distract from declining public approval and other unpopular measures.
President Peter Pellegrini said he would sign the amendment into law, framing the constitutional majority as a signal of political consensus in deeply polarized times.
Responses and Broader Implications
Human rights organizations were quick to condemn the change. Critics warn it will lengthen the legal limbo for trans, non‑binary, and intersex people, reduce access to gender recognition, and further institutionalize discrimination.
There are also worries it will lead to clashes with EU law, which guarantees certain protections for minority and LGBTQ+ populations. Legal scholars suggest the amendments may violate international treaties and could become the subject of legal challenges.
For Slovak LGBTQ+ individuals, the change is deeply personal. It removes recognition for anyone who doesn’t fit neatly into “male” or “female,” and restricts family formation for non‑heterosexual parents.
