The European Union's top court has ruled that Hungarian anti-LGBTQ laws violate EU rules and infringe its values of equality and minority rights.
The laws were brought in by Viktor Orbán's government in 2021 and banned so-called promotion of homosexuality or gender change to under-18s, arguing it violated child protection laws. The European Court of Justice ruled that the Orbán reforms breached EU rules on several levels, significantly that they also broke the founding values of Article 2 of the EU Treaty - an unprecedented finding.
This ruling comes nine days after Hungarians voted to end Orbán's 16-year era of continuous rule. The ECJ found that the Hungarian law interfered with rights such as a ban on discrimination based on sex and sexual orientation, respect for private and family life and freedom of expression and information. Furthermore, the law stigmatised and marginalized individuals who were transgender or not heterosexual, associating them with pedophilia.
The Hungarian law was deemed contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails. John Morijn, a law professor, stated that the Court's ruling holds historic symbolism, emphasizing that rights of a group in society cannot be negotiated away.
Despite the anti-LGBTQ law, Budapest's popular Pride march went ahead in defiance of the ban, prompting charges against the city’s Mayor. The European Commission indicated that addressing this legislation will be a priority with the new Hungarian government.
Newly elected Prime Minister Péter Magyar, whose party recently defeated Orbán, has expressed a commitment to avoiding stigmatization and fostering a more pro-European stance in Hungary's governance. Activists urge that reversing the anti-LGBTQ law should be among Magyar's top priorities.
The laws were brought in by Viktor Orbán's government in 2021 and banned so-called promotion of homosexuality or gender change to under-18s, arguing it violated child protection laws. The European Court of Justice ruled that the Orbán reforms breached EU rules on several levels, significantly that they also broke the founding values of Article 2 of the EU Treaty - an unprecedented finding.
This ruling comes nine days after Hungarians voted to end Orbán's 16-year era of continuous rule. The ECJ found that the Hungarian law interfered with rights such as a ban on discrimination based on sex and sexual orientation, respect for private and family life and freedom of expression and information. Furthermore, the law stigmatised and marginalized individuals who were transgender or not heterosexual, associating them with pedophilia.
The Hungarian law was deemed contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails. John Morijn, a law professor, stated that the Court's ruling holds historic symbolism, emphasizing that rights of a group in society cannot be negotiated away.
Despite the anti-LGBTQ law, Budapest's popular Pride march went ahead in defiance of the ban, prompting charges against the city’s Mayor. The European Commission indicated that addressing this legislation will be a priority with the new Hungarian government.
Newly elected Prime Minister Péter Magyar, whose party recently defeated Orbán, has expressed a commitment to avoiding stigmatization and fostering a more pro-European stance in Hungary's governance. Activists urge that reversing the anti-LGBTQ law should be among Magyar's top priorities.
