In a landmark ruling, the Court of Justice of the European Union (CJEU) has found that Hungary’s anti-LGBTI+ “propaganda” law not only violates human rights but also undermines the European Union’s fundamental values.
In its judgment issued on Tuesday, the court addressed whether an EU member state can prohibit or restrict access to LGBTI+ content, allegedly to protect children.
The case, brought by the European Commission, concerned a series of discriminatory amendments adopted by Prime Minister Viktor Orbán’s government in 2021. These measures barred any affirming depiction or “promotion” of “gender identity different from sex at birth, the change of sex, and homosexuality” to individuals under the age of 18.
Violation of Fundamental European Values
The court found that the legislation conflicted with several core rights, including the prohibition of discrimination based on sex or sexual orientation, respect for private and family life, freedom of expression and information, and the right to human dignity.
It also ruled that the anti-LGBTI+ law breached multiple EU directives and treaties, including those governing the freedom to provide and receive services related to e-commerce and media.
Significantly, for the first time in a case against a member state, the court found that the law violated Article 2 of the Treaty on European Union (TEU), which sets out the bloc’s founding values.
“It means that that law is contrary to the very identity of the Union as a common legal order in society in which pluralism prevails,” said the court in a media statement, adding that “Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above.”
LGBTQ+ Advocates Welcome ‘Historic Victory’
Responding to the ruling, Eszter Polgári of Hungarian LGBTQI organisation Háttér Society said: “Today’s judgment marks a milestone for protecting human rights in the European Union and also constitutes a historic victory for LGBTQI people in Hungary.”
Polgári added: “The CJEU was firm: no state can outcast LGBTI people through stigmatising, and if needed, the CJEU steps up to protect these values.”
Political Shift Raises Hope for Change
The ruling comes amid political changes in Hungary, where Orbán’s right-wing government recently lost elections to Péter Magyar’s Tisza opposition party. The outcome has raised hopes for the country’s LGBTI+ community, which has also faced a ban on Pride events.
ILGA-Europe’s deputy director, Katrin Hugendubel, urged swift action following the judgment.
“Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban. If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms,” said Hugendubel.
“The highest EU Court has ruled and the Commission should demand implementation in due time and otherwise not hesitate to refer Hungary back to the Court.”
