The European Union’s highest court, the Court of Justice of the European Union, has ruled that Hungary’s 2021 law banning the depiction of LGBTQ identities is discriminatory and violates the EU’s core values of equality and respect for minority rights.
Prime Minister Viktor Orbán’s Fidesz-led government passed the law in the name of “protecting children” from content that recognizes LGBTQ identities or depicts homosexuality or gender nonconformity in a positive or neutral light.
The measure mirrors Russia and Belarus’ “LGBT propaganda” laws, which ban discussion or depictions of homosexuality and transsexuality in schools and the media. Proponents cast LGBTQ people as predators with influence that harms the “physical, mental, and moral development” of young people.
It also requires sex educators to register with the government and not to “promote” or condone “the expression of a particular sexual orientation.”
In an unprecedented judgment, the court found that the law violates EU rules on multiple levels, including: Article 2 The Treaty on European Union requires member states to respect human dignity, freedom, democracy, equality, the rule of law, and human rights, including the rights of sexual and sexual minorities.
Specifically, the court found that the law stigmatizes LGBTQ people and violates their fundamental rights, including protection from discrimination based on gender and sexual orientation, privacy, family life, and the right to freedom of expression and information.
The ruling came nine days after Hungarians elected conservative Péter Magyar to lead the Tisza party, ending 16 years of rule by Fidesz, the right-wing populist party led by Orbán.
John Morizin, professor of law and politics at the University of Groningen, said: BBC This ruling is symbolically important because it affirms that minority rights cannot be negotiated away.
“The perfectly natural fact that 10% of the population loves people of the same sex cannot be equated with a terrible crime,” he said, adding that the ruling could have wider legal implications, giving the European Commission the power to challenge member states over discriminatory laws or the risk of breaking EU rules.
Under Orban, Hungary passed several anti-LGBTQ laws, including defining marriage as between a heterosexual couple, restricting adoption by same-sex couples, revoking legal recognition of transgender people, and banning Pride marches.
The European Commission said anti-LGBTQ laws were one of the issues it would work on with the Magyar government, which takes power in May.
“It will be up to the Hungarian government to comply with the ruling… and once that is done, the matter will be resolved,” commission spokeswoman Paula Pinho told the BBC.
The Magyars have promised to improve relations with the EU and release billions of dollars in funding that had been withheld due to concerns about the rule of law, anti-corruption and human rights. If Hungary does not comply with the ruling, it could continue to withhold funds.
Katia Štefánek Gärtner from the LGBTQ rights group ILGA Europe said there was no longer any excuse for the European Commission not to call on Hungary to repeal the law.
“If Péter Magyar really wants to be pro-EU, he must make this a top priority for his first 100 days in office,” she told the BBC.
Source: Metro Weekly – www.metroweekly.com
