EU Court of Justice official says Hungary LGBTQ content ban violates EU law
Tamara Capeta, advocate general of the Court of Justice of the European Union, said in a nonbinding opinion that Hungary's Law LXXIX that Hungary failed to provide proof that barring content that portrays the ordinary lives of the LGBTQ community impacts the development of minors in its defense of the law.
"Consequently, those amendments are based on a value judgment that homosexual and non-cisgender life is not of equal value or status as heterosexual and cisgneder life," Capeta said.
Capeta said Hungary disregarded articles of the EU's Charter of Fundamental Rights that refer to "the prohibition of discrimination on grounds of sex and sexual orientation, the respect for private and family life, the freedom of expression and information," and the "right to human dignity."
According to Capeta, the Hungarian law cannot be justified as it allegedly interferes with the healthy development of minors and parents' rights to raise their children as they personally choose under the guise that it protects minors from pornographic content.
Passed in 2021, it, among its amendments, prohibits minors from having any access to content that promotes or shows gender identities that don't correspond to the sex assigned at birth, sex reassignment or homosexuality.
The EU had already brought an infringement action against Hungary in regard to Law LXXIX in December of 2022, but then Hungary further stirred the EU over LGBTQ rights in recent months when it passed a ban on Pride events in March, and again in April when its parliament amended its constitution to ban public LGBTQ gatherings, in what it has said defends children's rights.
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