In a landmark ruling at the European Court of Justice, judges have strongly condemned Hungary’s ‘child protection’ law as illegal and in breach of fundamental rights.
The ruling puts pressure on the incoming new government to row back on Prime Minister Viktor Orbán’s (pictured below) anti-LGBTQ agenda.
Hungary’s anti-LGBTQ law
Under Hungary’s so-called ‘child protection’ law, passed in 2021, it became illegal to promote homosexuality and gender reassignment in Hungary.
Portrayals of gay characters and transgender people were banned anywhere children might see them, including on adolescent shelves in bookshops and on TV.
Orbán’s government subsequently tried to use the law as the basis to ban Pride marches, although many went ahead despite threats of arrests and fines.
The European Commission took the Hungarian government to court, arguing that Hungary was in breach of EU law.
‘Hungary in breach of EU law’
This morning, judges at the EU’s highest court ruled that “by adopting a law which stigmatises and marginalises LGBTI+ persons, Hungary has acted in breach of EU law”.
It’s the first time that Article 2 of the EU treaty – which sets out fundamental equality and human rights – has been used to successfully sue a member state.
After 16 years in power, Orbán lost the Hungarian election earlier this month. Rights groups are watching closely to see how incoming Prime Minister Péter Magyar, pictured below, reacts.
Previously, Magyar and his Tisza party have been decidedly muted about gay rights.
In a press conference the day after his election win, he would only speak in generalities.
“According to Tisza, and the many million Hungarian people supporting it, everyone lives with whoever they love as long as they do not violate laws and they are not harmful to others and I think everything is in this [statement] without having to explain any of the details.”
Magyar ‘can’t ignore’ ruling
But LGBTI campaign group ILGA-Europe said that with the court ruling, that stance will not be enough.
“Péter Magyar can’t ignore [the ruling]… His pro-EU stance is only credible with a clear commitment to the withdrawal of the law and Pride ban – and we have not seen that yet.”
Members of the European Parliament said that the EU would expect to see the new government comply with the ruling.
“This verdict better protects the space of LGBTIQ+ people in (school)books, in Pride marches, in TV shows and in public spaces. It is also clear in saying that there is no space for anti-LGBTIQ+ laws. [It’s] a great success for the rule of law, as well as the Hungarian LGBTIQ+ community,” said Dutch MEP Kim van Sparrentak, who co-chairs the European Parliament’s LGBTIQ+ Intergroup.
EU withholding funds
The EU is currently withholding €17 billion in funding over “corruption and rule of law concerns” with the Hungarian government.
Of this, around €500 million has not been doled out because of EU objections to Hungary’s ‘child protection’ law.
An EU source said this money would not yet be automatically released.
The European Commission’s Equality spokesperson, Eva Hrncirova, said it will be for the Hungarian government to first “implement the decision of the court”.
Despite not due to take up office until next month, the European Commission has already begun “technical talks” with Tisza officials.
“For me it is very important that we work intensively with the new Hungarian government on funds that have to be delivered, reforms that have to be delivered, but funds then that can be delivered because the people of Hungary deserve it,” said European Commission President Ursula von der Leyen shortly after the election.
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