The European Court of Justice (ECJ) ruled on Tuesday that Hungary violated EU values by prohibiting or restricting access to content related to sex reassignment or homosexuality, marking the first time such a ruling has been issued.
According to a press release from the ECJ, the judgment declared for the first time an “autonomous violation” of Article 2 of the Treaty on European Union, which sets out the values upon which the Union is founded and which are common to all member states.
The “Change Law,” adopted in 2021 under the guise of better protecting minors, prohibits or restricts access to content, including audiovisual or advertising material, that depicts or promotes gender identities that do not correspond to the sex assigned at birth, sex reassignment, or homosexuality, the court noted.
The ECJ states that this legislation stigmatizes and marginalizes non-cisgender individuals, including transgender people, as well as non-heterosexuals (LGBTI+), by deeming them to have a harmful influence on the physical, mental, and moral development of minors solely based on their sexual identity or orientation.
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The court sided with the European Commission in its action against Budapest for failure to comply with community legislation, determining that the “Change Law” also contradicts the freedom to provide services within the internal market by discriminating against citizens based on their gender and sexual orientation.
The statement highlights that such an approach reveals a preference for certain identities and sexual orientations to the detriment of others, which are subsequently stigmatized. In a society based on pluralism, this is incompatible with the requirements stemming from the prohibition of discrimination based on sex and sexual orientation.
Furthermore, the court deliberated that Hungary is also in violation of data protection regulations.
