Belgium, (Brussels Morning Newspaper) The European Union’s executive intensified its legal standoff with Hungary by taking the country to the EU’s highest court over a restrictive law on LGBT issues and media freedom.
The EU had already tried for a year to make Hungary change a law that bans content portraying or promoting homosexuality. The European Commission said it “discriminates against people on the basis of their sexual orientation and gender identity.”
Hungary’s right-wing governing party last year banned the depiction of homosexuality or sex reassignment in media targeting minors under 18. Information on homosexuality also was forbidden in school sex education programs, or in films and advertisements accessible to minors.
The governing Fidesz party argued the measures were meant to protect children from pedophilia. But the law spurred large protests in the capital, Budapest, and critics, including numerous international rights organizations, said the measures served to stigmatize LGBTQ people and conflate them with pedophiles.
European Commission President Ursula von der Leyen immediately called the law “a shame” and made it a point of pride to counter it with legal procedures. Friday’s decision was the latest step in the drawn-out process.
“The Commission decided to bring the case to court because the Hungarian authorities have not sufficiently addressed the Commission’s concerns and have not included any commitment from Hungary to remedy the situation,” European Commission spokesman Christian Wigand said.
At the same time, the commission has long criticized the retrenchment of media freedoms in the member state, and on Friday it took Hungary to the European Court of Justice because it believes it muscled out a radio station because it refused to toe the government line.
In recent decades, Europe has seen an increase in the use of homophobia to score political points. Examples include the Manif pour tous demonstrations against same-sex marriage in France and Croatia’s referendum to constitutionally define marriage as a heterosexual union. Hungary’s law has also inspired other countries, like Romania, to try and ban so-called homosexual propaganda.
The outcome of this case could have far-reaching consequences for LGBT rights in Europe. In effect, the commission is asking the court to enshrine LGBT rights as part of the EU’s fundamental values, on a par with other principles such as freedom of movement.
RENEW EUROPE CALLS ON THE EUROPEAN PARLIAMENT TO INTERVENE BEFORE THE EUROPEAN COURT OF JUSTICE TO DEFEND LGBTIQ+ RIGHTS IN HUNGARY
In light of the events Renew Europe wants the EP to intervene in the infringement procedure against Hungary after the 2021 law discriminating against LGBTIQ people and the disclaimer imposed on a children’s book regarding LGBTIQ content.
MEP Pierre Karleskind (L’Europe Ensemble, France), the initiator of the resolution, says:
“Since the adoption of the Hungarian anti-LGBTIQ+ law, Renew Europe has been pushing the Commission to take action. But the European Parliament is not only a spectator: we are actors and we must be on the offensive to protect the rights of LGBTIQ+ people in Europe and thus intervene in this case. Because Europe is an LGBTIQ+-freedom zone!”
MEP Karen Melchior (Independent, Denmark) Renew Europe coordinator of the Committee on Legal Affairs (JURI) says:
“Fundamental rights are for all. In order to stay in power Orban decided in 2021 to throw the LGBTIQ+ citizens in Hungary under the bus. Removing their right to express themselves freely. This, and other attacks on minorities, is a sign of the rule of law and democracy being undermined by despots and dictators. We must not allow this, and the European Parliament should join the Commission in its infringement procedure against Hungary”.
