Slovakia entrenches two-gender rule and tighter family provisions in constitution

# Slovakia entrenches two-gender rule and tighter family provisions in constitution

2025-09-26 - Slovakia’s parliament has amended the constitution to state that there are only two genders, restrict adoption to married heterosexual couples and ban surrogacy.

The vote marks one of the most consequential social-policy changes under Prime Minister Robert Fico’s government. The amendment was approved by a narrow margin after the coalition secured additional support from opposition lawmakers, according to Politico’s reporting. It is set to come into force in November.

The change goes beyond family law. It also includes language asserting that Slovakia’s national law takes precedence over international agreements and EU law in cultural and ethical matters. That part of the amendment has drawn the strongest criticism because it directly raises the possibility of conflict with the European Union’s legal order, which normally requires primacy of EU law in areas that fall within its competence.

Human rights organizations reacted sharply. Amnesty International called it a dark day for Slovakia, while the Venice Commission also raised concerns. European Justice Commissioner Michael McGrath had earlier said that the primacy of EU law was nonnegotiable, underscoring the institutional tension that the amendment creates.

The measure also fits into a broader political trend in Slovakia since Fico returned to power in October 2023. Politico reported that the government has tightened pressure on independent media and the judiciary while adopting a more illiberal style that resembles Hungary’s political model. Against that backdrop, the constitutional change is being read not just as a family-policy shift but as part of a wider ideological repositioning.

Fico defended the change by arguing that national law must take precedence in key value questions. Supporters cast the amendment as a statement of sovereignty and cultural self-definition. Critics see it differently: as a move that narrows rights, heightens legal uncertainty and could deepen friction between Bratislava and Brussels.

The narrow approval matters because it suggests the coalition did not have an easy path to the constitutional change and needed help from outside its core ranks. That kind of margin often indicates that the issue is politically potent but not broadly settled. With the amendment due to take effect in November, further legal and political challenges are likely to follow.

For now, Slovakia has placed one of Europe’s most socially conservative constitutional markers into force, and the practical as well as legal consequences will be watched closely in both Bratislava and Brussels.