The European Court of Justice (ECJ) has ruled that Hungary’s anti-LGBTQ laws violate EU rules and infringe its values of equality and minority rights; the ruling marks an unmatched finding, as it states that the laws breach the founding values of Article 2 of the EU Treaty.

Legal Breach and Symbolic Significance

The laws were introduced by Viktor Orbán’s government in 2021 and banned the promotion of homosexuality or gender change to under-18s, citing child protection laws. The ECJ ruled that the reforms breached EU rules on several levels, including the right to freedom of expression, respect for private and family life, and the ban on discrimination based on sex and sexual orientation.

The court found that the law stigmatized and marginalized individuals who are transgender or not heterosexual, associating them with people convicted of paedophilia. The ruling emphasized that the law was “contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails.”

John Morijn. A professor of law and politics at the University of Groningen in the Netherlands, described the ruling as historic in its symbolism; he said it meant the rights of a group in society could not be negotiated away. Morijn told the BBC. “You cannot equate what is totally natural—that 10% of the population loves the same sex—with egregious crime.”.

Political Context and Legal Implications

Orbán’s Fidesz party was able to push through the legislation with the help of a supermajority, controlling two-thirds of parliament; Last year, the party passed a further amendment that enabled a ban on public events involving the LGBTQ community, such as Budapest’s popular Pride march.

Despite the ban, the Pride march went ahead, prompting prosecutors to file charges against Mayor Gergely Karácsony. The European Commission said the anti-LGBTQ law would be one of the issues it would take up with the new government once in place. A spokeswoman, Paula Pinho, said, “It’s up to the… Hungarian government to abide by the ruling and once that is done the issue is solved.”

The man whose Tisza party defeated Orbán on 12 April, Péter Magyar, has not yet commented on the laws related to Hungary’s LGBTQ community. However, in his victory speech, he outlined his vision for Hungary as a country “where no-one is stigmatised for thinking differently than the majority, or loving differently than the majority.”

Future Steps and Pro-European Stance

Magyar has promised to adopt a far more pro-European approach to Hungary’s relations with the EU. He stated that it would be the responsibility of his government to reverse the legislation. His Tisza party has a two-thirds majority of 141 seats in the 199-seat National Assembly.

Magyar has also promised to unlock billions of euros in EU funding for Hungary, part of which was blocked due to issues surrounding the rule of law. Katja Štefanec Gärtner of LGBTQ rights group Ilga-Europe said there was now no excuse for the European Commission not to require Hungary to scrap its law fast. She added, “If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office.”

Prof Morijn told the BBC that the ECJ ruling could have wider legal implications for other EU member states. He explained that the ruling meant the Commission could, in the future, go to a member state over the rule of law with a similar warning. Morijn said, “You are basically violating EU law in such a fundamental way we are not only holding you to account for violating the letter of the law but also violating the spirit of that law, laid down in Article 2, which lists all the values of pluralism, equality and rule of law.”