Slovakia is debating a controversial constitutional amendment that could have far-reaching consequences for its relationship with the European Union (EU). The proposal would establish in the constitution that only two genders exist and restrict schools from teaching about certain topics, such as same-sex marriage, without parental consent.
At the same time, the amendment would declare that Slovak national law takes precedence over EU law when it comes to issues of so-called "national identity." This move reflects a broader trend across parts of Central and Eastern Europe where governments have sought to limit the EU’s influence over social and cultural matters.
Prime Minister Robert Fico argues that this change is necessary as a “barrier against progressive ideologies.” According to Fico, the aim is to prevent Slovakia from being compelled by EU legislation to recognize same-sex marriage or the legal status of intersex people, despite the EU not currently having such binding measures.
The amendment would make it nearly impossible for LGBTQ+ rights to expand in the future, as constitutional law is far harder to amend than ordinary legislation. Critics also warn that vague wording around “national identity” could allow the government to dismiss not only EU laws but also broader international obligations in fields such as education, culture, and human rights.
Opponents argue the proposal amounts to a partial withdrawal from the EU. Several former Supreme Court judges, as well as rights groups like Amnesty International, warn of its implications. The opposition party SaS describes it as “a step toward legal isolation.”
Despite strong support from Fico’s ruling coalition, the amendment requires a three-fifths majority in parliament (90 out of 150 seats). This makes the government dependent on additional opposition votes, particularly from Christian Democrats, who support the move in exchange for further restrictions, such as banning surrogacy.
Slovakia is not alone in taking such steps. Other nations have pursued similar measures to assert national sovereignty or restrict LGBTQ+ rights:
Hungary: In 2021, Prime Minister Viktor Orbán’s government amended the constitution to define marriage strictly as a union between a man and a woman. Hungary also introduced laws limiting LGBTQ+ representation in schools and media, sparking criticism from the EU but supported domestically by conservative groups.
Poland: Since 2019, several Polish municipalities declared themselves “LGBT-free zones,” though later rolled back under EU funding pressure. Poland’s ruling party also emphasized “traditional family values” in its legislative agenda.
Russia: Although not an EU member, Russia has influenced parts of Central Europe. It banned same-sex marriage in its constitution in 2020 and passed “anti-propaganda” laws restricting LGBTQ+ content.
Croatia & Bulgaria: Both countries’ constitutions already define marriage as heterosexual, showing a broader regional pattern of protecting “traditional” family norms in law.
These examples highlight that Slovakia’s approach fits into a wider geopolitical and cultural context, where questions of sovereignty, tradition, and EU influence intersect.
For the EU, the issue is not only about human rights but also about the principle that EU law has primacy over national law. A system where each member state selectively applies EU legislation could undermine the bloc’s legal coherence.
For Slovakia, the debate is also symbolic. It reflects internal divisions between a conservative, pro-Russian government and more liberal, pro-EU voices. While the proposal has not yet triggered mass protests, previous demonstrations against Prime Minister Fico’s policies suggest that public resistance could grow.