BUDAPEST, Hungary — Europe’s highest court declared Tuesday that Hungarian laws restricting LGBTQ+ material for children break European Union regulations and violate fundamental human rights protections.
The European Court of Justice determined that the 2021 measures passed under Viktor Orbán’s nationalist government “stigmatizes and marginalizes” LGBTQ+ individuals and fails to meet EU standards prohibiting discrimination based on gender identity or sexual orientation.
The Hungarian restrictions, which drew sharp criticism from advocacy organizations, banned showing minors any material featuring homosexuality or gender transitions, while simultaneously increasing punishments for pedophilia offenses.
Hungarian officials defended their approach, including subsequent laws and constitutional changes that essentially prohibited Budapest’s Pride celebration, claiming they aimed to shield children from what they termed “sexual propaganda.”
However, opponents drew parallels to Russia’s 2013 anti-gay propaganda statute and accused the measures of wrongly linking homosexuality with child abuse. Despite government restrictions, more than 100,000 participants joined last year’s Budapest Pride demonstration in protest.
The Luxembourg court’s decision marked the first time a member nation was found to have violated Article 2 of the EU’s founding charter, which establishes “the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities.”
Judges also concluded the legislation violated internal market service regulations and data privacy protections.
Orbán’s administration suffered a decisive defeat in April 12 elections to the center-right Tisza party led by Péter Magyar, ending Orbán’s 16-year tenure in office.
Magyar’s incoming administration, set to assume power in mid-May, has promised a more cooperative relationship with European Union leadership.
While Magyar avoided taking strong positions on LGBTQ+ issues during his campaign, he declared in his victory address that Hungary would become a nation “where no one is stigmatized for loving someone differently than the majority.”
