Slovakia has changed its constitution to recognise only two sexes – male and female – in a dramatic parliamentary vote that also restricts adoption to married heterosexual couples and prohibits surrogate pregnancies, sparking fierce criticism from human rights organisations and raising tensions with the European Union.
The constitutional amendment passed with exactly the minimum required 90 votes in the 150-seat Slovak National Council on Friday, after 12 opposition MPs unexpectedly broke ranks to support Prime Minister Robert Fico’s populist-nationalist government coalition.
The changes, defined as enshrining “sovereignty in cultural and ethical matters,” mark a significant shift towards what critics describe as illiberal governance, drawing comparisons to Viktor Orbán’s Hungary and Vladimir Putin’s Russia.
Surprise Victory for Fico
The vote came as a surprise to political observers, with even Prime Minister Fico conceding as late as Thursday that the amendment might not pass. His coalition of populist, leftist and nationalist parties controls only 78 seats, well short of the constitutional majority needed.
However, whilst the conservative Christian Democrats had been expected to lend their support, the decisive votes came from members of former Prime Minister Igor Matovic’s Slovakia movement, who switched sides at the last minute. Matovic branded them as “traitors” following their defection.
Fico celebrated the victory with characteristic defiance, declaring his party would have a shot of liquor to celebrate. “This isn’t a little dam, or just a regular dam – this is a great dam against progressivism,” he proclaimed. He had previously argued that what he called liberal ideology was “spreading like cancer.”
Constitutional Changes Under Fire
The amendment explicitly recognises only male and female as sexes under Slovak law, with the constitution stating that “sex cannot be modified except for serious reasons, according to procedures that will be established by law.” It also declares that Slovakia retains sovereignty in matters of “national identity,” particularly in “fundamental cultural-ethical questions.”
Justice Minister Boris Susko defended the changes, telling parliament that the amendment would boost traditional values. However, legal scholars warn that the provision asserting Slovak constitutional primacy over EU law in certain areas represents a direct challenge to the European Union and could lead to legal battles and potential sanctions.
Amnesty International condemned the move in stark terms. Today, the Slovak government chose to follow the lead of countries, such as Hungary, whose policies have led to an erosion of human rights,” the organisation said in a statement.
Human Rights Concerns Mount
Council of Europe Commissioner for Human Rights Michael O’Flaherty had previously urged lawmakers not to approve the changes, warning they deny “the realities of trans and intersex people and may impact on human rights guarantees such as access to legal gender recognition.”
He added: “Seeking to disapply specific rights because they touch upon ‘national identity’ would be fundamentally incompatible with the Slovak Republic’s international obligations.”
Rado Sloboda, Director of Amnesty International Slovakia, described it as “devastating news,” stating: “Instead of taking concrete steps to protect the rights of LGBTI people, children, and women, the Slovak parliament voted to pass these amendments, which put the constitution in direct contradiction with international law.”
Opposition Fury and Coalition Fractures
The vote has exposed deep divisions in Slovak politics. Most opposition MPs stayed away from parliament in protest, whilst Progressive Slovakia, currently leading in opinion polls, declared the betrayal marked the end of any potential cooperation with Matovic and his party.
Opposition leader Michal Šimečka said the amendment “will hurt the people of Slovakia and call into question Slovakia’s place in the EU and its legal space.”
Some critics suggest the move was merely a ploy by Fico to distract attention from falling poll ratings and unpopular austerity measures. The Slovak constitution has fallen victim to Robert Fico’s plan to dismantle the opposition and divert attention from the real problems of society,” Beata Balagova, editor-in-chief of Slovak daily SME, told the BBC.
She added: “Fico does not genuinely care about gender issues, the ban on surrogate motherhood, or even adoptions by LGBTQ people.”
Presidential Support
Despite the controversy, President Peter Pellegrini announced he would sign the amendment into law. “At a time of enormous division within Slovak society, a constitutional majority is an important signal that there is agreement on a specific issue across the political spectrum, and it must be respected,” he said following the vote.
The president’s support ensures the amendment will become law, cementing Slovakia’s position as one of the most restrictive EU member states on gender and LGBT rights issues.
European Consequences Loom
The constitutional changes come at a time when Fico’s relationship with European partners is already strained. Reports suggest his Smer-Social Democracy party will be formally expelled from the Party of European Socialists (PES) at a conference next month, having been suspended in 2023 after forming a coalition with the far-right Slovak National Party.
Since then, Fico has further angered European allies by meeting Vladimir Putin four times in less than 12 months, including visits to Moscow and attendance at Victory Day celebrations in Red Square. The party has not commented on the reported expulsion.
Broader Pattern of Restrictions
The constitutional amendment represents the latest in a series of restrictions on LGBT rights in Slovakia. The country had already defined marriage as “a unique union between a man and a woman” in its constitution, and in May 2023, the Slovak parliament voted to make legal gender recognition impossible.
Human rights organisations warn that the changes will make life significantly more difficult for LGBT people, transgender individuals, and non-traditional families in Slovakia. The amendments also restrict comprehensive sexuality education in schools and could limit access to reproductive healthcare.
As Slovakia joins Hungary in rolling back LGBT rights and challenging EU authority, the move signals a growing divide between Western and Eastern European values within the Union, raising questions about the future cohesion of the 27-nation bloc.
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Image Credit:
Robert Fico — photo by Arno Mikkor from 2017 (reviewed as CC BY 2.0)
