Hungary wanted to “protect” children from LGBT. CJEU spokeswoman: unlawfully

Hungary violates EU law by fighting content on LGBTQ+topics, which children may come across, as the main adviser of the most important court in the European Union announced on Thursday.
The legal opinion was issued before the final decision of the EU Court of Justice, which may force Viktor Orban's government to abolish one of the most controversial laws – provisions of 2021 limiting and prohibiting the presentation and “promotion” of homosexuality and sex changes in all media available to children.
According to the press message, the spokeswoman for the Tribunal Tamara Capeta stated that Hungary “significantly left the model of constitutional democracy.” The provisions introduced by the authorities in Budapest “are based on the judgment of values, according to which the lives of homosexual and non-clay people do not have the same value or status as the lives of heterosexual and cispłotic people”, added in a press release.
This opinion gives the European Commission the power to break through with Budapest for basic rights, which recently intensified after the Orban government banned pride events in mid -March and allowed the police to use biometric cameras to identify organizers and participants.
Opinions of general spokespersons of the CJEU are not binding. However, they often signal the direction of the final judgmentwhich usually appears within a few months of issuing an opinion.
“The Hungarian bill is a disgrace”
The European Commission initiated proceedings regarding the failure of the Member State's obligations in July 2021 after Hungary's adoption of a law, which aims to prevent children from watching the content of LGBTQ+ in television programs and commercials, books, sex education lessons and more. The presence of couples of the same sex and transgender people are banned on television and advertising during the day, and Queer books must be sealed and cannot be sold near schools and churches.
Budapest referred to the EU collection of provisions on audiovisual media and his Provisions regarding the protection of minors against harmful content as a legal basis for limiting the visibility of the LGBTQ+ community on television.
“The Hungarian bill is a disgrace,” said the chairwoman of the Ursula von der Leyen committee in 2021, promising to use “all committee rights to ensure that the rights of all EU citizens are guaranteed, regardless of who you are and where you live.”

Hungarian Prime Minister Viktor Orban observes the speech of the chairwoman of the European Commission Ursula von der Leyen in the European Parliament. Strasbourg, October 9, 2024
In December 2022, the EU executive body referred the case to court and obtained the support of 15 Member States and the European Parliament.
On Thursday, the Capeta announced that Hungarian regulations violate a number of EU regulations and conflict with basic laws. She argued that the proceedings regarding the failure to comply with the obligations of the Member State is “justified”.
If the court confirms that the provisions of 2021 are unlawful, Hungary can be punished with a high fine and forced to withdraw them.
Hungary want to recognize the faces of the organizers of equality parades
In its latest move against the rights of LGBTQ persons+ Hungarian parliament, in March, he adopted an act prohibiting the organization of pride events and authorized the police to use biometric supervision for the purpose identification of organizers and participants. These funds are the subject of EU control in terms of potential violation of new artificial intelligence principles that prohibit real -time face recognition.

EU and rainbow flags during a protest against the amendment to the Act on Meetings. Budapest, March 25, 2025
The European and Hungarian government have not yet responded to the request for a comment on the Thursday's opinion of the court.
The case reference is C-769/22.




