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EU’s Top Court Strikes Down Hungary’s Anti-LGBTQ Law as Breach of Union Values

The ruling increases pressure on the incoming government to repeal the law to unlock frozen EU funds.

Overview

  • Europe’s Court of Justice, which ruled Tuesday, said Hungary’s 2021 “child protection” law violates the EU Charter of Fundamental Rights and Article 2 values, marking the first finding of a member state breaching Article 2.
  • The judges called the law a coordinated set of discriminatory measures that stigmatize LGBTQ people and, by its title, link them to pedophilia, which the court said violates human dignity.
  • The measure bans or labels LGBTQ content in schools, media, and advertising, led to books being sold in plastic wrap to keep them from minors, and was found to breach free provision of services and EU data rules.
  • The European Commission brought the case with support from the European Parliament and 16 member states, and it can now seek fines if Hungary fails to comply with the judgment.
  • The decision lands as Péter Magyar prepares to take office with a two‑thirds majority and faces pressure to scrap the law to restore ties with the EU, though his timetable and exact plans remain unclear.