The lawsuit against the Hungarian anti-LGBT+ law has commenced in Luxembourg. The European Commission, supported by the European Parliament and 16 other member states, filed the case, arguing that the law is discriminatory and violates the fundamental rights of European citizens.
The Commission asserts that Hungary is violating European rules with an anti-LGBT+ law that restricts expressions related to sexual orientation or gender identity. The controversial law, which came into effect in 2021, prohibits the display of LGBT+ content to minors through books, films, and media and mandates warnings on, for instance, children’s books featuring LGBT+ characters.
The European Commission claims that the law breaches the principle of equality outlined in Article 2 of the Treaty on European Union. Furthermore, it would contravene the Charter of Fundamental Rights of the European Union, which defines the rights of EU citizens. This case is particularly notable as it marks the first time the Court must assess a so-called ban on “LGBT+ propaganda” and determine whether it violates the Charter’s prohibition of discrimination based on sexual orientation. Due to the potentially fundamental nature of the ruling, all 27 judges of the Court will deliver the judgement—a rare occurrence, as cases are usually handled by panels of three or five judges.
If the Court concludes that the Hungarian law does not infringe fundamental rights, the Commission still has a recourse to compel Hungary to repeal it. Since the law also bans LGBT+ representation in books and television programmes, it could conflict with the principle of free trade on which the EU is founded. Hungary cannot arbitrarily prohibit a company from another European country from exporting its products to Hungary.
Should the law indeed violate European law on any grounds, the Commission could impose financial sanctions on Hungary. A final ruling is expected sometime in the middle of next year.
LGBT+ organisations hope the Court will declare the law in breach of European law, particularly on the basis of the principle of equality. Katrin Hugendubel, Advocacy Director at ILGA Europe, commented: “A strong judgement in this case will send a strong message to other member states who have been adopting or keep proposing similar laws violating fundamental rights, making clear that they can no longer act against human rights with impunity.”
