How does Slovakia remain a member of the European Union with a Prime Minister charged with abuse of public office and leading an organised crime group, a 27 years old journalist and his fiancée assassinated with bullets in their heads in their own home, and gay people gunned down in the streets of Bratislava? The European Union’s weakness has now paved the way for a constitutional shift in Slovakia, mirroring Hungary’s model. Austria is poised to follow suit.
It began with a speech. As Donald Trump took the stage at his second inauguration, he declared an unambiguous truth—at least in his own terms: ‘There are only men and women, and this is determined from birth.’ In an era where progressive movements have sought to expand the legal and social recognition of gender diversity, Trump’s words carried more than rhetorical weight. They signalled a reactionary turn, a rallying cry for nationalists eager to enshrine traditionalist ideology into law. Among those answering the call: the government of Slovakia.
Last week, Slovak Prime Minister Robert Fico announced his government’s plan to amend the constitution, restricting the rights of same-sex couples and transgender individuals. The proposal is more than a legal manoeuvre; it is a fundamental challenge to the primacy of EU law over national legislation. At its core, the amendment is framed as a defence of what Fico calls ‘the traditions, cultural and spiritual heritage of our ancestors.’ In a press conference in Bratislava, he vowed to construct a ‘constitutional barrier against progressivism’ and to reaffirm ‘common sense.’
The draft amendment, which has been published on the Slovak government’s website for public discussion, stipulates that ‘there are two genders, male and female, from birth.’ Gender, it asserts, can only be legally changed under ‘serious circumstances’ and ‘in accordance with the modalities established by law.’ The proposal also limits adoption rights to married couples, with few exceptions, and mandates that schools teach only what aligns with constitutional provisions—a thinly veiled directive aimed at restricting LGBTQ+ education.
A Regional Trend with Global Implications
Slovakia’s proposed reforms bear striking similarities to legislation already enacted in Hungary under Viktor Orbán’s rule. In recent years, Budapest has methodically dismantled LGBTQ+ rights, banning legal gender recognition for transgender individuals and prohibiting discussions of homosexuality in educational settings. The European Commission has launched infringement proceedings against Hungary, citing violations of fundamental human rights. Now, Slovakia appears poised to follow suit and soon Austria with a chancellor that uses Hitler’s moniker, Volkskanzler (“People’s Chancellor”).
This pattern extends beyond Central Europe. Across the continent, far-right and nationalist parties are increasingly coalescing around gender and identity as battlegrounds in a broader ideological struggle. By framing gender diversity as a threat to cultural integrity, these movements exploit anxieties about modernity and social change, positioning themselves as defenders of national identity against an encroaching liberal orthodoxy.
Civil Resistance and the Spectre of Russia
Yet, within Slovakia, resistance is mounting. Over the past weeks, protests have erupted across the country, drawing thousands into the streets. Activists decry Fico’s government not only for its regressive policies on gender and sexuality but also for its broader authoritarian tendencies. Critics accuse Fico of undermining judicial independence, suppressing dissent, and pivoting Slovakia towards closer ties with Moscow. In a region where historical memory remains fraught with the spectre of Soviet influence, such accusations carry weight.
Many protesters have also linked Slovakia’s shift with its lukewarm stance on Ukraine. Unlike other European nations, Fico’s government has been hesitant in its support for Kyiv, fuelling suspicions that Slovakia is drifting into the Kremlin’s orbit. For demonstrators, the defence of human rights is intertwined with a broader struggle for democracy, European integration, and resistance against Russian influence.
Will the EU Respond?
The European Union now faces a moment of reckoning. In her first term, Commission President Ursula von der Leyen positioned herself as a staunch defender of LGBTQ+ rights, initiating legal proceedings against Hungary. The question remains: will Slovakia face a similar response?
Legal precedent suggests it should. In autumn 2024, the European Court of Justice ruled in favour of a British-Romanian citizen who had been denied recognition of his gender identity. The ruling reaffirmed that gender, like one’s name, is a ‘fundamental element of personal identity’ and that failure to acknowledge it could lead to significant professional, administrative, and social obstacles.
Although the case was primarily concerned with freedom of movement within the EU, legal experts and human rights organisations interpreted it as a broader commitment to gender diversity. If the Commission were to overlook Slovakia’s actions now, it would risk undermining that commitment, sending a signal that member states may erode human rights with impunity.
Yet, enforcing EU norms is never a simple matter. While the European Court of Justice can issue rulings, enforcement often hinges on political will. Hungary has long defied Brussels with little consequence beyond financial penalties. Will Slovakia be any different? And if not, what does that say about the EU’s ability to uphold its own principles?
As Europe grapples with a rising tide of right-wing populism, the battle over gender is not just about social policy. It is a proxy for a deeper ideological struggle over the continent’s future. Is the EU merely an economic bloc, or does it stand for a shared set of democratic and human rights values? The answer to that question may well be decided in the streets of Bratislava.
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