The EU Court of Justice ruled Tuesday that Hungary’s 2021 law restricting content related to LGBTQ+ issues violates EU regulations and fundamental rights.
Hungary’s 2021 Law
In the summer of 2021, Hungary passed a law, pushed by Viktor Orbán’s Fidesz party, prohibiting the “promotion of homosexuality and sex change.” The law was supported by the nationalist Jobbik party, which broke from an opposition boycott. Opposition parties left the parliamentary session during the vote.
The law stipulated that school lessons addressing sexuality could not “promote homosexuality or transgenderism.” Such lessons could only be conducted by individuals or organizations registered and approved by the ministry. Penalties could be imposed on schools, teachers, and television stations broadcasting content deemed to “promote homosexuality.”
Protests and Legal Challenge
RTL Klub, Hungary’s largest television station, protested the law, arguing that films and series with LGBTQ+ themes would have to be moved to late-night slots. Examples cited included “Bridget Jones’s Diary” and “Friends.”
The European Commission initiated infringement proceedings against the Hungarian law in 2021, deeming it discriminatory towards the LGBTQ+ community. The process began with official correspondence between Brussels and Budapest, but failed to yield any changes.
EU Court Ruling
On Tuesday, April 21st, the Court of Justice of the European Union ruled that the law violates several EU regulations and constitutes a “particularly serious interference” with fundamental rights enshrined in the EU Charter of Fundamental Rights.
The ruling specifically cites violations of the right to respect for private and family life. The court found that the law stigmatizes and marginalizes LGBTQ+ individuals, considering them harmful to the physical, psychological, or moral development of minors solely based on their gender identity or sexual orientation, according to Hungarian news portal Telex.
Furthermore, the TSUE, for the first time in proceedings against a member state, found a separate violation of Article 2 of the Treaty on European Union, which outlines the fundamental goals and values of the community. Failure by Hungary to comply with the ruling could lead to further action and financial penalties.
Broader Implications
Wojciech Maziarski writes on Wyborcza.pl that the upcoming elections in Hungary could be a barrier to the spread of populist authoritarianism across Europe.