Brussels has launched legal action against Hungary over its ‘LGBTQ+ propaganda’ law which bans content that ‘promotes’ LGBTQ+ themes. “The European Commission today decided to refer Hungary to the Court of Justice of the EU over a Hungarian law which discriminates against people on the basis of their sexual orientation and gender identity,” the European Commission said in a statement on 15 July. “The Commission considers that the law violates the internal market rules, the fundamental rights of individuals (in particular LGBTIQ people) as well as – with regard to those fundamental rights – the EU values.” The law, which went into force on 15 July 2021, targets content that “promotes or portrays” what it states is “divergence from self-identity corresponding to sex at birth, sex change or homosexuality” for individuals under 18.
It mirrors a similar law that was introduced in Russia almost a decade ago and has since been used to stop Pride marches and restrict LGBTQ+ content.
On 23 June 2021, just over a week after the law was announced, Commissioners Thierry Breton and Didier Reynders wrote to Hungary about the compatibility of the legislation with several provisions of EU law, asking for further clarifications.
The infringement procedure was launched against Hungary on 15 July 2021 after the country’s reply failed to address the European Commission’s concerns.