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EU Advocate General Finds Hungary’s LGBTQ+ Content Ban Violates EU Law

A nonbinding advisory opinion could pave the way for a binding EU Court ruling to force Budapest to roll back its restrictions or face sanctions

File - Hungarians march in downtown Budapest to protest against a new law banning LGBTQ+ Pride events and the populist government's restriction on assembly rights, which many critics of Prime Minister Viktor Orbán see as a crackdown on their freedom on Thursday, May 1, 2025. (AP Photo/Denes Erdos, File)
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Overview

  • Advocate General Tamara Ćapeta concluded Hungary’s 2021 child-protection law breaches EU law by unjustly limiting LGBTQ+ representation in media for minors
  • Ćapeta’s opinion states the law rests on a value judgment that deems homosexual and transgender lives inferior, stigmatizing LGBTI individuals and harming minors’ identity and self-esteem
  • In March, Hungary’s parliament banned Pride events and an April constitutional amendment authorized facial recognition to identify and fine participants
  • The European Commission opened an infringement procedure against Hungary in July 2021 after the government enacted its initial content restrictions
  • A final Court of Justice ruling is expected within months and could compel Hungary to reverse its measures and face fines, with Brussels also considering Article 7 sanctions