PRESS RELEASE – The LGBTIQ+ Intergroup of the European Parliament welcomes Advocate General Ćapeta’s opinion that Hungary’s 2021 anti-LGBTIQ+ propaganda legislation violates EU law and core European values

The LGBTIQ+ Intergroup of the European Parliament strongly welcomes today’s non-binding opinion of CJEU Advocate General Tamara Ćapeta in Case C-769/22, in which she confirms that Hungary’s anti-LGBTIQ legislation is not only in breach of EU commerce and Audiovisual Laws, but also violates the fundamental rights of human dignity, respect for family life and non-discrimination under the EU Treaty and Charter of Fundamental Rights.

The Advocate General (AG) concluded that the controversial provisions of Hungary’s Law LXXIX of 2021 -allegedly introduced to protect minors – discriminate against LGBTIQ+ individuals and unlawfully limit freedom of expression, the right to privacy, and the freedom to provide and receive services. Crucially, the opinion emphasizes that such legislation denies the equal dignity of LGBTIQ+ people, violating the EU Charter of Fundamental Rights and the very essence of the values enshrined in Article 2 of the Treaty on European Union (TEU). Furthermore, it signals that Hungary has deviated significantly from the model of a constitutional democracy.

This marks a significant moment for the protection of LGBTIQ+ rights and the rule of law across Europe. This opinion highlights that portraying the ordinary lives of LGBTIQ+ people cannot be equated with harm to minors, and underscores that a Member State cannot justify inequality through unfounded value judgments. The LGBTIQ+ Intergroup expresses a strong hope for the Court of Justice to follow this Opinion and calls on the European Commission and Council to maintain political pressure on the Hungarian government until the law is repealed.

“This is a clear and powerful legal stance that reaffirms what we have said from the beginning: Hungary’s law is discriminatory, unjustified, and incompatible with EU values,” said Marc Angel, Co-Chair of the LGBTIQ+ Intergroup. “Protecting children must never be used as a pretext to marginalise and erase LGBTIQ lives.”

The AG opinion comes at a crucial time, following a new package of amendments adopted in the Hungarian Parliament earlier this year, which builds on the respective legislation by banning and criminalizing Pride marches and their organisers. Given that both the initial legislation, as stated in the opinion of the AG, and the new ban on Budapest Pride clearly violate the EU law, the LGBTIQ+ intergroup urgently calls for interim measures in the ongoing procedure before it’s too late.

“This opinion is a clear victory and affirmation of what we already knew: Hungary has crossed a line by introducing a law based on the value judgement that homosexual and non-cisgender lives are not equal to heterosexual and cisgender lives. I strongly hope this opinion strengthens the European Commission to take a proactive role in further breaches, like the recent ban on Budapest Pride.” concluded Kim van Sparrentak, Co-Chair of the LGBTIQ+ Intergroup