EU court slams Hungary’s ban on LGBTQ+ expression: It “expands harm” to queer youth

Weeks before the anticipated confrontation at Budapest’s recently banned Pride event on June 28, Hungary’s authoritarian government faced a strong condemnation from the European Court of Justice regarding another aspect of its anti-LGBTQ+ initiatives.

The court’s advocate general criticised a 2021 law by Prime Minister Viktor Orbán’s Fidesz party that prohibits LGBTQ+ content in schools and on television, declaring it a clear breach of fundamental human rights and freedom of expression under EU treaties, according to the Guardian.

On Thursday, Advocate General Tamara Ćapeta issued an opinion advising the EU court to rule against Hungary, dismantling the government’s arguments in favour of its so-called “child protection” legislation, according to ‘LGBTQ Nation’.

Similar to Russia’s expanding “gay propaganda” laws, Hungary’s ban prevents gay and trans individuals or themes from being included in educational materials or appearing in TV shows, films, or advertisements aired before 10 p.m.

Ćapeta wrote that the law represents “a prejudice that homosexual and non-cisgender life is not of equal value or status as heterosexual and cisgender life,” and stated it is based on value judgments rather than scientific evidence.

Instead of shielding children, she argued, the law actually “expands such harm.” The stigmatisation fostered by the Hungarian legislation promotes hostility towards LGBTQ+ individuals, potentially harming their identity, self-esteem, and self-confidence.

She noted that LGBTQ+ minors are particularly impacted, as the exclusion of information about LGBTQ+ lives from public discourse prevents these youths from understanding that their lives are not abnormal. This also affects their acceptance by peers in educational and social settings, impacting their “private social life.” Rather than safeguarding minors, the legislation exacerbates harm.

Although the opinion is nonbinding, the European court typically aligns with the advocate general’s recommendations.

The European Commission initiated legal proceedings against Hungary in 2021 following the law’s enactment. The law included both the ban on LGBTQ+ content and measures against child abusers, conflating unrelated issues to further stigmatise LGBTQ+ identities and support Orbán’s narrative of Western “degeneracy.”

In April, Fidesz enacted a constitutional amendment to formalise a ban on Pride events across Hungary, allowing the government to utilise facial recognition technology to monitor attendees.

LGBTQ+ Hungarians, allies, and members of the European Parliament have pledged to defy the prohibition and gather in Budapest and other cities to protest Orbán’s authoritarian, anti-LGBTQ+ campaign.

This opinion was issued in tandem with a letter from 20 European member nations denouncing Hungary’s Pride ban, urging the European Commission to “expeditiously make full use of the rule of law toolbox at its disposal” if the legislation is not overturned.