Fifteen EU governments have joined forces with the European Commission in a legal battle against Hungary over the country’s controversial anti-LGBTQ+ law. The legal dispute revolves around a child protection bill introduced in 2021, which was intended to improve the prevention and punishment of sexual crimes against minors. However, last-minute amendments to the bill banned minors from accessing any content that promotes or portrays “divergence from self-identity corresponding to sex at birth, sex change or homosexuality”.
The introduction of these amendments sparked widespread criticism from human rights groups and international watchdogs, who deemed the law discriminatory against the LGBTQ+ community. European Commission President Ursula von der Leyen even went as far as to describe it as a “disgrace”. In mid-2022, the European Commission referred Hungary to the Court of Justice of the EU, alleging that the law violates several EU single market laws and the human right to freedom of expression and information, dignity, respect for private life, and non-discrimination.
Belgium was the first country to announce its support for the lawsuit, which was quickly followed by Luxembourg and the Netherlands. The European Parliament and six other member states – Portugal, Denmark, Austria, Malta, Spain, and Ireland – also pledged their support, with Sweden, Finland, Slovenia, Greece, France, and Germany following suit. The European Parliament is also acting as a plaintiff in the case, making it the largest human rights case in EU legal history.
The Hungarian government, led by Prime Minister Viktor Orbán, has been staunchly defending the law, which it claims is about protecting children and preserving traditional Christian and social values. Orbán has been vocal in his opposition to what he calls “gender propaganda”, which he claims is the “greatest threat stalking our children”. The absence of Italy and Poland, both of which have socially conservative governments, from the list of supporting countries is noteworthy.
The legal battle between Hungary and the EU over the controversial anti-LGBTQ+ law is the latest in a long-running rule of law dispute. It also marks a significant turning point for the LGBTQ+ community in the EU, with the majority of member states standing together against discrimination. However, as the case unfolds, it remains to be seen what the ultimate outcome will be and whether justice will finally be served for the LGBTQ+ community.