Czech vote puts same-sex marriage, LGBTQ+ rights in the balance

LONDON - With populist billionaire Andrej Babiš likely to oust the Czech Republic's centre-right government in elections this week, activists warn that the future of marriage equality and LGBTQ+ rights is at risk.

Former prime minister Babiš' ANO party topped polls ahead of Friday and Saturday's vote, and he could form a coalition with pro-Russian parties if he were to win.

Many Czechs fear this could lead to anti-LGBTQ+ policies that might mirror Hungary's LGBTQ+ propaganda ban or Slovakia's constitutional amendment allowing for only two genders that was introduced in September.

Campaigners have been pushing for the legalisation of same-sex marriage after the lower house agreed to give more rights to same-sex couples in civil partnerships but stopped short of calling the union a marriage or allowing joint adoption. 

Here's everything you need to know.

What are LGBTQ+ rights like in the Czech Republic?

The Czech Republic ranks 30th out of 49 European countries for LGBTQ+ rights, according to advocacy group ILGA Europe, although some progress has been made in the last year.

As of Jan. 1, same-sex civil partnerships are recognised, following an amendment to the civil code in 2024. A proposal for same-sex marriage was rejected at the same time.

Civil unions grant many of the same spousal benefits as marriage, such as joint property ownership and inheritance rights, but same-sex couples are unable to adopt children together.

As of July 1, following a landmark court ruling, trans people are also no longer required to undergo surgery or forced sterilisation in order to change their legal gender.

According to guidelines from the Health Ministry, people who want to change their legal gender need a diagnosis from a specialist doctor, who will also conduct a six- to 12-month observation.

Research has shown that public attitudes towards LGBTQ+ issues are generally supportive, with a survey this year by the Public Opinion Research Centre (CVVM) finding that 64% of respondents were in favour of same-sex marriage.

However, a European Union study published in 2024 found that LGBTQ+ people in Czechia experienced the highest rates of hate-motivated harassment in the bloc and neighbouring countries, tied with North Macedonia.

Why does the election matter?

Babiš' ANO party - which translates to "yes" in Czech - is predicted to win the vote without a majority, meaning its coalition partners could have a big impact on the progression of rights.

It is expected to seek to govern with anti-EU and pro-Russian parties, the largest of which is the far-right Freedom and Direct Democracy party (SPD), which is against same-sex marriage and the adoption of children by homosexual couples and is polling at more than 10%.

ANO has taken an ambiguous stance towards LGBTQ+ rights. Babiš has said he supports equal marriage, but only a minority of the party's MPs voted for it in parliament last year.

Sometimes referred to as the "Czech Donald Trump," Babiš has close ties to Slovakian Prime Minister Robert Fico and to Hungarian leader Viktor Orbán. He previously declined to sign a letter backed by 15 EU member states against Hungary's LGBTQ+ propaganda law.

"The situation is really uncertain, but if those Russian parties connect with the conservative part of the political spectrum, as we've seen in Slovakia, this could be dangerous for rights," Adél Kučera, a trans politician from the Green Party, told Context.

Pro-Russian parties SPD and Stačilo! and the right-wing Motorists for Themselves, all seen as contenders for an ANO coalition, received the lowest scores on a survey by campaign group Jsem fér, which asked politicians about their support for equal marriage and adoption rights.

However, the survey showed that overall there were more than double the amount of politicians in favour of marriage equality compared with 2021, with 384 candidates answering favourably compared with 180 four years prior.

How are LGBTQ+ groups responding?

LGBTQ+ advocates are concerned that a far-right leaning coalition could lead to increased discrimination and hate speech as well as a loss of rights.

Anti-LGBTQ+ groups in Czechia generated nearly $5.5 million in funding from 2019 through 2023, with lobbyists seeing a sharp increase of 83% in financial support over the five-year span, according to a report by the European Parliamentary Forum published this year.

There is also concern the Czech constitution could be amended to explicitly ban same-sex marriage. This proposal has been introduced unsuccessfully twice before, according to Filip Milde, communications manager at Jsme fér.

A lack of marriage equality "keeps LGBTQ+ people, couples and families with children in a separate box and denies them full parental rights. It creates inequality by law," said Milde.

"Equal marriage is not about a word. It's about children's security, couples' dignity and the basic principle that love and family should never be divided into categories."

(Reporting by Lucy Middleton; editing by Ellen Wulfhorst.)