The 2021 Hungarian law banned or limited discussions of homosexuality and gender transition in media and education. According to the Court, this violates multiple fundamental European rights. This is the first time the Court has tested a national law against Article 2 of the Treaty on European Union.
The judges in Luxembourg state that the law is discriminatory and leads to stigmatization. It particularly affects non-heterosexual and transgender people.
Hungary defended the rules as protecting minors, but the Court rejects that argument. According to the ruling, the measures are unjustified and exceed what is necessary.
Promotion
The Court also emphasizes that the European Union is based on equality and a pluralistic society. EU countries may not deviate from this through national legislation.
Milestone
For the LGBT community in Europe, the ruling is a milestone. The anti-LGBT law was also the legal basis for the Pride ban, which this ruling has definitively rendered unsupportable. Good news, therefore, for the mayor of Budapest and the organizers behind Pecs Pride, who were prosecuted for organizing a Pride event.
The case was brought by the European Commission, supported by sixteen EU countries and the European Parliament. The judgment is considered an important legal step within the EU. The law had already had practical effects. For example, it formed the basis for restrictions and bans on Pride events in Hungary.
New Prime Minister
The ruling comes at a politically sensitive time. Newly elected Prime Minister Péter Magyar has stated that people should be able to live and love freely without stigma and expressed support for the right to Pride demonstrations. At the same time, it remains unclear how his government will precisely amend the rules. This makes it a first important test for the new Hungarian government.
Enforceable
The new Hungarian government inherits a huge constitutional mess from Orbán, as this Court ruling also shows. The mandate for the new government is clear: the urgent restoration of the rights of the LGBT community must be central if the rule of law recovery plan of the new government is to be credible, says Hungary rapporteur Tineke Strik
According to the Dutch MEP, there is now also a clear message for the Commission: the European foundational values in the EU Treaty are not only protected by political means but are also directly legally enforceable at the Court.