The European Union's top court has ruled that Hungarian anti-LGBTQ laws violate EU rules and infringe its values of equality and minority rights.
The laws were brought in by Viktor Orbán's government in 2021 and banned so-called promotion of homosexuality or gender change to under-18s, arguing it violated child protection laws.
The European Court of Justice ruled that the Orbán reforms breached EU rules on a number of levels, and importantly, it also broke the founding values of Article 2 of the EU Treaty - an unprecedented finding.
The ruling comes nine days after Hungarians voted to end Orbán's 16-year era of continuous rule.
The ECJ also stated that the Hungarian law interfered with rights such as the ban on discrimination based on sex and sexual orientation, respect for private and family life, and freedom of expression and information.
Additionally, the court found that the law stigmatized and marginalized individuals who are transgender or not heterosexual and associated them with individuals convicted of paedophilia.
The Hungarian law was deemed contrary to the very identity of the Union as a common legal order in a society in which pluralism prevails.
Legal experts noted that the Court's ruling was historic in its symbolism, emphasizing that rights of certain groups in society cannot be negotiated away.
John Morijn, a law professor, commented that actual affiliation to the LGBTQ community is a natural aspect of society and should not be equated with crime.
Orbán's Fidesz party managed to implement the legislation with a supermajority in parliament.
Last year, the government passed an amendment enabling a ban on public events involving the LGBTQ community, such as Budapest's popular Pride march, which went ahead despite legal restrictions, prompting charges against Mayor Gergely Karácsony.
The European Commission indicated that the anti-LGBTQ law would be one of the issues addressed with the new government, once established.
Newly elected Prime Minister Péter Magyar has not made significant comments about LGBTQ laws but expressed his vision for a Hungary where individuals are not stigmatized for their differences.
Magyar has promised a pro-European approach and to reverse harmful legislation, with a commitment to unlock EU funding previously blocked over rule-of-law issues.
LGBTQ activists urged the Commission to press Hungary for immediate repeal of the discriminatory laws.
Morijn highlighted that the ruling could have significant implications for other EU member states by reinforcing the importance of adhering to fundamental EU values.
