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EU Advocate General Finds Hungary’s LGBT Content Law Violates EU Law

The opinion sets the stage for a binding EU court decision this year following Hungary’s use of the law to ban June’s Budapest Pride march

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Overview

  • On June 5, Advocate General Tamara Ćapeta concluded that Hungary’s 2021 law restricting LGBTQ+ content breaches primary and secondary EU legislation.
  • The measure bars media and school materials depicting non-heterosexual identities, gender transition or homosexuality under the premise of safeguarding minors.
  • Ćapeta found the law encroaches on Charter rights—including non-discrimination, privacy, expression and human dignity—without evidence of potential harm to children.
  • Hungarian police have invoked the law and a constitutional amendment prioritizing child protection to ban the Budapest Pride march set for June 28.
  • A binding judgment from the EU Court of Justice is expected in the second half of 2025 on the Commission’s infringement case backed by 15 member states.