Hungary’s restrictions on LGBTQ+ content breach European Union law and undermine fundamental rights, the European Court of Justice ruled on Tuesday, in a decision that could shape the country’s future social policy direction.
The court found that measures introduced under Hungary’s outgoing government unlawfully prohibited or limited access to LGBTQ-related content, concluding that they stigmatize and marginalize gay and transgender people.
It said Hungary had violated Article 2 of the EU Treaty, which defines the bloc’s core values, as well as rules governing the freedom to provide and receive services and EU data protection laws.
Political backdrop in Hungary
The ruling comes shortly after a major political shift in Hungary, where incoming leader Peter Magyar won a landslide election victory on April 12, ending Prime Minister Viktor Orban’s 16-year rule.
LGBTQ+ rights had been progressively restricted during Orban’s tenure, including a ban on Pride marches and the use of facial recognition technology by police to identify participants.
Magyar, a former official in Orban’s Fidesz party, campaigned on promises of equality but has not clearly outlined his position on LGBTQ+ rights since taking office.
EU values at the center
The European Court’s decision frames the dispute as a question of compliance with the EU’s foundational principles, reinforcing the legal limits placed on member states regarding civil liberties and anti-discrimination protections.
The ruling places Hungary’s legislation in direct conflict with EU law, raising questions about how the country’s new government will align its domestic policies with European standards going forward.
