EU Court Overturns Hungary’s Anti-LGBTQ+ Law

European Union Court Strikes Down Hungary’s Anti-LGBTQ Law in Landmark Ruling

The European Union’s top court has invalidated Hungary’s controversial anti-LGBTQ propaganda law in a landmark ruling that marks a significant victory for LGBTQ rights across the bloc. The decision, announced on April 21, represents the first time the EU Court of Justice has found a member state in breach of the fundamental values enshrined in Article 2 of the Treaty on European Union.

The Hungarian legislation, formally known as Act LXXIX of 2021, prohibited making content “accessible to persons who have not attained the age of 18 years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality.” The law effectively banned LGBTQ content from schools, entertainment, and advertising that could be seen by minors.

In its ruling, the court declared that Hungary had acted in “breach of EU law” through provisions targeting content related to gender identity and sexual orientation. The court found these measures constituted “a coordinated series of discriminatory measures” that violated the rights of LGBTQ persons in a “manifest and particularly serious” manner.

“Consequently, that law is contrary to the very identity of the European Union as a common legal order in a society in which pluralism prevails,” the court stated in its press release. It rejected Hungary’s attempt to justify the law based on national identity, affirming that no member state can use such arguments to violate fundamental EU values.

The case originated in 2022 when the European Commission challenged the Hungarian law, with sixteen EU member states joining the lawsuit: Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden. The European Parliament also supported the legal action.

The court’s decision arrives at a pivotal moment in Hungarian politics, coming just nine days after Péter Magyar defeated Viktor Orbán’s governing party in Hungary’s elections. Orbán, who had been in power since 2010, vowed to defend the anti-LGBTQ law when it was first challenged.

Under Orbán’s leadership, Hungary implemented a series of measures targeting the LGBTQ community, including bans on Pride events and other public gatherings. Despite these prohibitions, last June saw approximately 100,000 people defy the ban to march in Budapest’s annual Pride parade.

The EU had previously withheld approximately €35 billion ($41.2 billion) in funds to Hungary due to concerns over corruption, rule of law violations, and other issues during Orbán’s tenure. Magyar has signaled his intention to work with Brussels to unfreeze these funds.

LGBTQ rights organizations have welcomed the court’s decision. The Háttér Society, a Hungarian LGBTQ rights group, called the ruling “a milestone for the protection of human rights in the European Union, and a historic victory for LGBTQI people in Hungary.”

ILGA-Europe, a prominent European LGBTQ rights organization, urged Magyar’s incoming government to act swiftly on the court’s decision. “With this ruling, the CJEU is confirming what we have been saying for six years,” said Katrin Hugendubel, ILGA-Europe’s Deputy Director. “There is now no excuse for the Commission not to require Hungary to quickly withdraw the law.”

Hugendubel added that Hungary “cannot enter a post-Orbán era without repealing this legislation, including the Pride ban,” and suggested that if Magyar genuinely aims to be pro-EU, he must prioritize this action “at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms.”

The court’s decision represents a significant reinforcement of LGBTQ rights protection across the EU and sends a clear message that discriminatory legislation targeting sexual orientation and gender identity cannot stand under European law.