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CWA # 1718, 17 June 2025
Global Politics Explainer
The EU, Hungary and the clash over LGBTQ+ Rights

  Gauri Gupta

On 18 March 2025, the government of Viktor Orbán adopted a law that restricts the “freedom of assembly,” banning LGBTQ+ people from attending the Pride marches and using AI facial recognition to identify participants. If found, fines will be imposed upto HUF 200,000 (~€500) on organizers and attendees. On 20 March 2025, thousands of protesters blocked Budapest’s Margaret Bridge, denouncing the legislation as discriminatory and authoritarian. On 14 April 2025, Hungary’s Parliament passed a constitutional amendment acknowledging only two sexes, prioritizing the “moral development of children” over other rights, and allowing for more bans on LGBTQ+ public events. On 30 May 2025, five human rights organizations, including Amnesty International had filed a legal challenge in Hungary's courts over the disputed March Law and April amendment, accusing the authorities of lacking any legal basis, in particular for facial recognition. On 1 June 2025, Hungary's Supreme Court lifted the ban on the Budapest Pride March, stating it was “unlawful” and also the state had failed to show any actual threat to children.

What are Hungary’s anti-LGBTQ+ Laws?
In June 2021, Hungary’s Parliament adopted Act LXXIX on reinforced action against paedophile offenders and amending some laws to protect children, and the 'Propaganda law' limiting LGBTI content in the media, and especially to children by amending Section 6/A of the Child Protection Act: that children's literature that uses LGBTQ+ characters will have content warnings, and that diminishes the LGBTI-ness of the media visibility embellishment. The passing of the act also involved banning same sex couples from adoption.

Later, in March 2025, a law was passed that required public activities/events to comply with Section 6/A of the Child Protection Act, which makes depicting 'deriving from self-identity appropriate to sex at birth, sex change or homosexuality' unacceptable. This new legislation modifies the misconduct law and the law on the Right of Assembly, as well as the law establishing a Facial Image Analysis Register, permitting facial image analysis as a means to ticket and fine participants at the event.

Why is the EU reacting so strongly?
Following the EU Summit on 23 June 2021, 17 (later 20) EU member states issued a joint statement condemning Hungary's law as discriminatory and contrary to EU values. The European Commission issued an infringement procedure against Hungary for violating the EU Charter of Fundamental Rights on 15 July 2021. This law is now subject to legal action before the Court of Justice of the European Union (CJEU), C-769/22 Commission v Hungary. The Commission also argued breaches of the Audiovisual Media Services Directive and the e-Commerce Directive. The infringement is noted for being the first infringement issued by the Commission based on only Article 2 of the Treaty on European Union. 

The European Commission referred Hungary to the European Court of Justice in July 2022 after Hungary refused to change the law. On 5 June 2025, Advocate General of the European Court of Justice Tamara Ćapeta issued a non-binding opinion on these laws.  The EU has a strong reaction because these laws that violate the Charter of Fundamental Rights of the European Union, particularly: Human dignity (Article 1), Non-discrimination (Article 21), The rights of the child (Article 24), Freedom of expression (Article 11) - the law connects LGBTQ+ identities with content harmful to minors (and adversely affects free speech). It would infringe on access to information and restrict free movement of services throughout EU jurisdictions. The EU also believes the laws violate the principles that all member states must respect.

What does this mean for Hungary?
Hungary has already shown signs of moving away from EU standards regarding democracy, judicial independence, press freedom, and minority rights. The nation risks alienating Western EU members because of its support for nationalist and far-right policies.  Second, financial and legal penalties. The EU might also eliminate funding opportunities for Hungary, including post-COVID recovery grants, if the country continues to violate rule-of-law principles. The ECJ could impose fines or compel repeal of the law.  Finally, a threat to voting rights in the EU Council. The law has created added concerns within EU member states regarding democratic erosion, leading to enhanced democratic backsliding.

References:
Hungary Bans LGBT Pride Events, Human Rights Watch, 20 March 2025
MEPs call for EU court action after Hungary passes constitutional amendment to ban LGBTQ+ public events, Diplomacy & Trade, 18 April 2025
Hungary’s crackdown on LGBTQ+ content violates human rights, says EU lawyer, The Guardian, 05 June 2025
Hungary Fatigue. How Orban Avoided EU Sanctions and Why His Chances of Punishment Have Increased, European Pravda, 28 May 2025

About the Author:
Gauri Gupta is a Research Intern at NIAS. She is a postgraduate student in the Department of International Studies at Stella Maris College.

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