Historic EU ruling delivers victory for LGBTQI rights in Hungary

The Court of Justice of the European Union (CJEU) delivered a landmark judgment against Hungary’s anti-LGBTQI “propaganda” law, in a case supported by Háttér Society. The ruling is a major victory against homophobic laws that stigmatise LGBTQI people and restrict public discussion of their lives.

So-called “propaganda” laws were first developed in Russia and have been replicated across parts of Central and Eastern Europe and Central Asia. Often with backing from transnational anti-rights networks, these laws seek to portray LGBTQI people as a threat to “family values”, while shrinking civic space and undermining fundamental freedoms.

Hungary’s 2021 law, introduced under Viktor Orbán’s government, imposed sweeping restrictions on LGBTQI-related content for minors across schools, media, advertising and publishing. A further amendment passed in 2025 enabled a ban on public LGBTQI events, including Budapest Pride.

The judgment is significant not only because it rejects Hungary’s legislation, but because, for the first time in proceedings against a Member State, the Court found a breach of Article 2 of the Treaty on European Union. Article 2 sets out the Union’s founding values, including equality, human dignity and pluralism. It also found wider breaches linked to freedom of expression, access to information and non-discrimination.

The case drew unusually broad support, and alongside the European Commission, sixteen Member States and the European Parliament all intervened in support of the challenge. The implications are likely to extend beyond Hungary. Similar laws have been adopted in Bulgaria and Lithuania, while comparable proposals have been advanced in Romania. By linking such measures to the EU’s core constitutional values, the ruling may strengthen future legal and advocacy efforts for equality elsewhere in the region.

Eszter Polgári, Director of Legal Program at Háttér Society said that the judgment “marks a milestone for protecting human rights in the European Union and also constitutes a historic victory for LGBTQI people in Hungary. The CJEU was firm: no state can outcast LGBTQI people through stigmatizing and discriminatory legislation; the EU rests on equality, human dignity and pluralism, and if needed, the CJEU steps up to protect these values.”

Following Hungary’s recent election and change in government, the decision could also provide a strong basis for the repeal or non-enforcement of homophobic legislation.