EU court rules against anti-gay laws in Hungary
How will the new Prime Minister respond?
The EU’s highest court has found Hungary’s anti-LGBTQ+ law to be discriminatory, stigmatising and in breach of basic democratic values.
The anti-gay laws were implemented in 2021 by the outgoing government led by Viktor Orbán. What is unknown is how incoming Prime Minister, Péter Magyar, will respond to the ruling by the European Court of Justice.
The ruling marks the first time the ECJ has found a member state guilty of breaking EU law based exclusively on breaching the bloc’s fundamental values described in article 2 of its treaty. These include respect for human dignity, democracy, equality, the rule of law and respect for fundamental rights, including those of minorities.
The judgment paves the way for future cases against EU member states that systematically flout basic values on democracy and the rule of law.
The court said in a statement that the Hungarian law was “contrary to the very identity of the union as a common legal order in a society in which pluralism prevails”, and that Hungary could not “validly rely on its national identity” as justification for a law that breached fundamental values.
It said it expected Hungary to comply without delay and it ordered Budapest to pay its costs and those incurred by the European Commission, which brought the case.
Rejecting Hungary’s child protection argument, the court said the law “stigmatises and marginalises non-cisgender persons” by associating them with people convicted of pedophilia, an association “to encourage hateful conduct towards them”.
As incoming Prime Minister, Magyar has promised to reverse Orbán-era changes to education and health, tackle corruption, restore the independence of the judiciary and the media, as well as bringing more transparency to how government contracts are awarded and funds spent.
In terms of the LGBTQ community, it's not clear what the future holds. Magyar has made no statements or policy promises in relation to queer people.
What we do know is that Magyar was part of the Fidesz government when the Russian-style propaganda laws were implemented, deliberately targeting LGBTQ people.
However, Humen - an LGBTQ publication in Hungary - is reporting that Magyar did make a positive statement in his victory speech, that he wants Hungary to be a place: “Where no one is labeled or judged for being different, and for loving differently than the majority.”
Magyar's response to the ECJ ruling will be a significant test of what the future holds for LGBTQ people in Hungary.
What's life like for LGBTQ people in Hungary?
What’s life like for LGBTQ people in Hungary? Let’s take a look at some of the key equality indicators.
Is homosexuality legal in Hungary?
Yes. As modern-day Hungary emerged in the aftermath of World War I, the country’s penal code listed sex between men as a criminal offence. Homosexuality was decriminalised in 1961.
Are there anti-discrimination protections in place for LGBTQ people?
Yes. In 2000, the Constitutional Court recognised that the constitutional ban on discrimination based on “other status” covers sexual orientation as well.
Additionally, Hungarian law prohibits hate crimes and hate speech on the basis of sexual orientation and gender identity.
Is there Marriage Equality in Hungary?
No, but there is legal recognition of same-sex relationships.
Legal recognition of same-sex relationships became possible in 1996 when Hungary adopted the concept of Unregistered Cohabitation. This recognised the rights of any couple living together in an economic and sexual relationship, and was applied equally regardless of gender or sexuality.
This was strengthened in 2009 when legislation was implemented that created registered partnerships for same-sex couples.
However, a significant barrier to marriage equality was introduced in 2012 with the adoption of a new constitution for Hungary. The new constitution explicitly restricts marriage to opposite sex couples.
A recent ruling by the European Court of Justice will require Hungary to recognise same-sex marriages where the couple has married in a European country that has embraced Marriage Equality.
What’s life like for LGBTQ people in Hungary?
Despite the government's anti-LGBTQ position in recent years, Hungary is a country where attitudes to LGBTQ people have been steadily evolving over time – particularly in the capital, Budapest.
The most recent ILGA report on LGBTQ Equality in Europe ranks Hungary 37th overall. With a total score of 22.7%, Hungary scored weakly on all criteria assessed.
