On Tuesday, April 21, the Court of Justice of the European Union delivered a landmark ruling, striking down Hungary’s anti-LGBTQ+ “propaganda” law, in what has been hailed as a “historic victory” for the community in the country and in the EU.

Introduced in 2021, the law banned the “promotion” of LGBTQ+ issues and identities in content destined for minors. The legislation faced condemnation from activists, politicians and EU institutions, who denounced how the law represented flagrant discrimination against LGBTQ+ people and was a violation of the fundamental values of the European Union.

In response, the European Commission initiated one of the largest human rights infringement procedures ever brought before the Court of Justice of the European Union. The Commission brought the case against Hungary in 2023, which was subsequently joined by the European Parliament and 16 member states, including Ireland.

In delivering the ruling, the court stated that Hungary’s anti-LGBTQ+ legislation was in breach of numerous EU laws and “constitute[s] a particularly serious interference with several fundamental rights.”

The court ruled that the restrictions imposed under the anti-LGBTQ+ law “do not appear to be justified under any circumstances by, inter alia, the objective of promoting the best interests of the child.”

Moreover, the court added that the law associates LGBTQ+ people “with persons convicted of paedophilia; an association which is such as to increase the stigmatisation of the former and to encourage hateful conduct towards them.”

Following the ruling, the European Commission can take further action to seek financial penalties against Hungary if the country fails to comply with what was established by the court.

“This is a historic victory, and we claim it as such,” said Rémy Bonny, Executive Director of Forbidden Colours, one of the organisations that drove the EU-wide campaign pushing member states to join the case against Hungary.

“This case did not happen by accident. We built the pressure, we mobilised governments and we forced European institutions to act. Today proves that when civil society organises across borders, we can defeat state-sponsored discrimination.”

The organisation is calling on Hungary to fully comply with the ruling and dismantle the broader system of anti-LGBTQ+ rules introduced by former Prime Minister Viktor Orbán. The ruling is set to represent the first major test for incumbent Prime Minister Péter Magyar and the new government, after Orbán was ousted earlier this month.

Ahead of the election, activists highlighted Magyar’s lack of outright support for LGBTQ+ rights. His campaign did not include significant changes to the anti-LGBTQ+ rules introduced by Orbán’s party over the years, although he signalled opposition to policies banning Pride introduced by the previous government.

Welcoming the court’s ruling, Adam Long, Board Director of the National LGBTQ+ Federation (NXF), stated: “This is a hugely significant victory for LGBTQ+ rights and basic democratic values more generally.

“The National LGBTQ+ Federation (NXF) was delighted to work with our Brussels-based colleagues in galvanising support here in Ireland to join the lawsuit against this shameful law.

“The new incoming Hungarian government now needs to move at speed to implement this ruling and dismantle the entire architecture of state-sanctioned homophobia erected by the defeated Orbán regime.”