The Court of Justice for the European Union, the bloc’s top court, has ruled that Hungary’s 2021 law banning depictions of LGBTQ identity is discriminatory and violates the EU’s core values of equality and respect for minority rights.
Prime Minister Viktor Orbán’s Fidesz-led government passed the law under the guise of “protecting children” from content that acknowledges LGBTQ identity or portrays homosexuality or gender nonconformity in a positive or neutral light.
Mirroring “LGBT propaganda” laws in Russia and Belarus, the measure bans discussions or depictions of homosexuality or gender transition in schools and the media. Proponents cast LGBTQ people as predators whose influence harms the “physical, mental, and moral development” of youth.
It also requires sex educators to register with the government and refrain from “promoting,” or even acknowledging, “representation of specific sexual orientations.”
In an unprecedented ruling, the court found the law breached EU rules on multiple levels, including Article 2 of the Treaty on European Union, which requires member states to respect human dignity, freedom, democracy, equality, the rule of law, and human rights, including those of sexual and gender minorities.
Specifically, the court found the law stigmatizes LGBTQ people and violates fundamental rights, including protections against discrimination based on sex and sexual orientation, as well as rights to privacy, family life, and freedom of expression and information.
The ruling comes nine days after Hungarians elected Péter Magyar, a conservative representing the Tisza party, ending 16 years of rule by Orbán’s right-wing populist Fidesz party.
John Morijn, a professor of law and politics at the University of Groningen, told the BBC the ruling is symbolically significant because it affirms that minority rights cannot be negotiated away.
“You cannot equate what is totally natural — that 10% of the population loves the same sex — with egregious crime,” he said, adding that the ruling could have broader legal implications, potentially empowering the European Commission to challenge member states over discriminatory laws or risk violating EU rules.
Under Orbán, Hungary has passed several anti-LGBTQ laws, including defining marriage as between heterosexual couples, limiting adoption by same-sex couples, revoking legal recognition of transgender people, and banning Pride marches.
The European Commission said the anti-LGBTQ law is one of the issues it will address with Magyar’s government as it takes power in May.
“It’s up to the…Hungarian government to abide by the ruling and once that is done the issue is solved,” Paula Pinho, a spokeswoman for the commission, told the BBC.
Magyar has pledged to improve relations with the EU and unlock billions in funding that had been withheld over rule-of-law, anti-corruption, and human rights concerns. If Hungary fails to comply with the ruling, the bloc could continue to withhold funds.
Katja Štefanec Gärtner, of the LGBTQ rights group ILGA-Europe, said there is now no excuse for the European Commission not to require Hungary to repeal the law.
“If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office,” she told the BBC.
Judge Mustafa Kasubhai has ruled that Health and Human Services Secretary Robert F. Kennedy, Jr. overstepped his authority by trying to restrict hospitals from providing gender-affirming care to transgender minors. He found that Kennedy failed to follow required administrative procedures when issuing a declaration last December claiming such care does not meet accepted medical standards.
The so-called "Kennedy declaration" accompanied an HHS announcement proposing two rules aimed at restricting gender-affirming care for transgender minors.
Philz Coffee has reversed a company-wide effort to remove Pride flags and other in-store displays from its shops. The company faced intense criticism after CEO Mahesh Sadarangani urged locations to take down the flags, drawing sharp reactions on Reddit and social media.
Sadarangani said the move was meant to create an "inclusive experience" for all customers, including those who are not LGBTQ.
Many customers, particularly LGBTQ patrons, said on social media that the Pride flags signaled inclusion and made them feel welcome.
The U.S. Supreme Court has struck down Colorado’s ban on conversion therapy for minors, siding with a Christian "talk therapist" who argued the law violated her First Amendment rights.
The 8-1 ruling doesn't strike down, but effectively undermines conversion therapy bans in 22 other states and the District of Columbia by establishing a precedent in which therapists’ conversations with patients can be deemed a form of constitutionally protected speech.
The court found that Colorado’s law, though limited to licensed professionals, does not override free speech protections, and that the First Amendment protects therapists’ right to speak freely, even when their views conflict with government policy. Writing for the majority, Justice Neil Gorsuch said that "professional speech" is not a separate category and is entitled to protection.
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