European justice rules that Orbán's anti-LGBTI law violates EU values

BrusselsNew ruling by European justice against Viktor Orbán's governments for violating EU legislation. The Court of Justice of the European Union (CJEU) ruled this Tuesday that the Hungarian law against the LGBTIQ+ community approved in 2021 under the government of the acting Prime Minister infringes the fundamental rights of the European Union because it "discriminates on grounds of sex and sexual orientation" and "does not respect private and family life", as well as "freedom of expression and information". In this way, the highest court in the EU has sided with the European Commission, which was the one that brought the law of the current acting Prime Minister of Hungary to justice.

The Luxembourg court explains in its opinion that Hungary adopted stricter measures against child molesters and amended certain laws to theoretically increase the protection of minors. The CJEU, however, points out that several of the legal reforms involve "prohibiting or restricting" access to content aimed at "popularizing" "the deviation from the identity of the sex corresponding to birth, sex change or homosexuality".

The EU's highest court concludes that the approach of the Hungarian legislation "reveals a preference for certain sexual identities and orientations to the detriment of others, which are stigmatized". "Any discrimination on grounds of sex or sexual orientation is incompatible in a society based on pluralism," states the ruling, which considers that the measures cannot be "justified" under any circumstances.

Specifically, the CJEU criticizes that Hungarian legislation labels people from the LGBTIQ+ community as "harmful to the physical, mental and moral development of minors" solely for being part of this group. Furthermore, the European court considers that associating these people with pedophilia can "reinforce societal stigmatization" and, therefore, "foster hateful behavior". It also declares that it constitutes a violation of the right to human dignity because it aims to "maintain or reinforce the social invisibility" of the LGBTI+ community.

On the other hand, European justice has ruled that the legal reform promoted by Orbán, who lost the elections on April 12 after 16 consecutive years in power, "limits the possibility" for media outlets to disseminate content related in any way to sex change, homosexuality, or the global LGBTIQ+ community. In this regard, the EU court rules that Hungarian regulations "violate the freedom to provide and receive services" enshrined in the European Union's audiovisual communication services law.