EU Court Rules Hungarian Law Discriminating Against LGBTQ+ Community is Illegal
The Court of Justice of the European Union (CJEU) has ruled that a 2021 Hungarian law banning LGBTQ+ content in materials for minors violates EU law. The court found the law to be discriminatory and a violation of fundamental human rights.
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- 📰 Published: April 21, 2026 at 21:36
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(Central News Agency, Brussels, 21st) The Court of Justice of the European Union (CJEU) recently ruled that a law passed by Hungary in 2021, suspected of discriminating against and marginalizing the LGBTQ+ community, severely infringes on multiple fundamental rights and violates EU law.
In 2021, Hungary passed legislation banning content related to homosexual, bisexual, transgender, and other diverse gender groups from appearing in school materials for minors. This move sparked backlash at the time, with Hungarian citizens taking to the streets in protest and leaders of more than ten EU countries publicly condemning it, calling for respect for LGBTQ+ rights.
The CJEU issued a press release today stating that the European Commission had filed a lawsuit regarding this law. After being heard by the full court, the CJEU determined that the law enacted by Hungary violates multiple EU laws and regulations, including the 'Charter of Fundamental Rights of the European Union,' the 'Treaty on European Union,' and the 'General Data Protection Regulation.'
The CJEU pointed out that this law severely interferes with several fundamental rights guaranteed in the EU Charter of Fundamental Rights, including the prohibition of discrimination based on gender or sexual orientation, respect for private and family life, and freedom of expression and information.
The CJEU stated that this Hungarian legislation stereotypes non-cisgender or non-heterosexual individuals as harmful to the physical, psychological, and moral development of minors, solely based on gender identity or sexual orientation, thereby discriminating against and marginalizing them. This law will further marginalize and render the LGBTQ+ community invisible in society.
The court also mentioned that the law's discriminatory portrayal of gender identity, gender reassignment, or homosexuality violates Article 2 of the Treaty on European Union, which upholds the values of 'respect for human dignity, equality, and respect for human rights.' It also undermines the diverse society and common legal order established by the EU. Hungary cannot justify enacting laws that violate these values by citing national identity.
The CJEU emphasized that if a member state is found by the court to have failed to fulfill its obligations, it must immediately comply with the court's judgment. If the European Commission believes a member state has not complied with the judgment, it can initiate another lawsuit and request financial penalties. (Editor: Hsieh Yi-hsuan) 1150421
In 2021, Hungary passed legislation banning content related to homosexual, bisexual, transgender, and other diverse gender groups from appearing in school materials for minors. This move sparked backlash at the time, with Hungarian citizens taking to the streets in protest and leaders of more than ten EU countries publicly condemning it, calling for respect for LGBTQ+ rights.
The CJEU issued a press release today stating that the European Commission had filed a lawsuit regarding this law. After being heard by the full court, the CJEU determined that the law enacted by Hungary violates multiple EU laws and regulations, including the 'Charter of Fundamental Rights of the European Union,' the 'Treaty on European Union,' and the 'General Data Protection Regulation.'
The CJEU pointed out that this law severely interferes with several fundamental rights guaranteed in the EU Charter of Fundamental Rights, including the prohibition of discrimination based on gender or sexual orientation, respect for private and family life, and freedom of expression and information.
The CJEU stated that this Hungarian legislation stereotypes non-cisgender or non-heterosexual individuals as harmful to the physical, psychological, and moral development of minors, solely based on gender identity or sexual orientation, thereby discriminating against and marginalizing them. This law will further marginalize and render the LGBTQ+ community invisible in society.
The court also mentioned that the law's discriminatory portrayal of gender identity, gender reassignment, or homosexuality violates Article 2 of the Treaty on European Union, which upholds the values of 'respect for human dignity, equality, and respect for human rights.' It also undermines the diverse society and common legal order established by the EU. Hungary cannot justify enacting laws that violate these values by citing national identity.
The CJEU emphasized that if a member state is found by the court to have failed to fulfill its obligations, it must immediately comply with the court's judgment. If the European Commission believes a member state has not complied with the judgment, it can initiate another lawsuit and request financial penalties. (Editor: Hsieh Yi-hsuan) 1150421