A senior legal expert at the European Court of Justice (ECJ) has delivered a blistering critique of Hungary’s controversial 2021 law banning LGBTQ+ content in schools and on primetime television, declaring it a clear violation of basic human rights and freedom of expression.
Tamara Ćapeta, advocate general at the ECJ, issued her non-binding opinion on Thursday, stating unequivocally that the legislation, enacted under the guise of child protection, is not rooted in scientific evidence but in prejudice against non-heterosexual and non-cisgender identities.
“The stigmatising effects of the Hungarian legislation, which creates a climate of hostility towards LGBTI persons, may affect the feelings of identity, self-esteem and self-confidence of LGBTI persons,” Ćapeta wrote in a 69-page report. “Rather than protecting minors from harm, the contested legislation expands such harm.”
Ćapeta argued that by removing LGBTQ+ content from public education and media, Hungary is harming young LGBTQ+ individuals and violating fundamental EU rights, including human dignity, non-discrimination, and respect for private and family life.
The law, which has been compared to Russia’s “gay propaganda” law, prohibits the depiction of gay or transgender themes in school materials and bans such content from media broadcasts before 10 pm. It has been widely condemned across Europe for equating LGBTQ+ visibility with child endangerment.
Ćapeta’s opinion also supports claims that the law violates EU commercial and audiovisual laws, which restrict member states from limiting media freedoms without legitimate public interest.
While the opinion is not binding, the ECJ often rules in line with the advocate general’s recommendations. A final judgment is expected later this year.
Hungary yet to reply LGBTQ+ criric
The Hungarian government has yet to respond to the opinion, but it continues to push a hardline stance on LGBTQ+ issues. In April, lawmakers passed a constitutional amendment banning Pride events and authorising facial recognition surveillance of attendees, effectively criminalising participation.
The European Commission launched legal action against Hungary shortly after the 2021 law was passed. The case has since gained support from 16 other EU member states and the European Parliament. Just last month, 17 EU countries, including France and Germany, signed a joint letter organised by the Netherlands, condemning Hungary’s anti-LGBTQ+ measures and calling for their repeal.
Critics argue that Hungary’s use of “child protection” language is a smokescreen for broader discriminatory policies. Ćapeta reinforced that view, writing, “The law is based not on proof, but on a value judgment, a prejudice that homosexual and non-cisgender life is not of equal value or status as heterosexual and cisgender life.”
The ECJ’s upcoming ruling could set a landmark precedent for LGBTQ+ rights within the EU, potentially forcing Hungary to revise or repeal its contentious legislation.
