The EU case against Hungary’s ‘anti-LGBT propaganda’ law

Follow the largest human rights case in the history of the EU!

 

In June 2021, the Hungarian parliament adopted a law, copy-pasted from Russia, that censors the LGBTIQ+ communities in the country. This ‘anti-LGBT propaganda law’ bans the depiction of LGBTIQ+ people and the promotion of LGBTIQ+ topics in the media and in all the places where children could be, meaning almost everywhere.

Forbidden Colours was the first organisation to spread the news internationally about this law. We pushed EU Member States and European institution to act. In December 2022, the European Commission finally decided to bring Hungary in front of the European Court of Justice as this law goes against the most fundamental European norms and values.

Early 2023, we convinced 16 Member States and the European Parliament to join the court case alongside the European Commission making it the largest human rights’ case in the history of the EU.

After written observations were sent to the court by all parties, we were present in Luxembourg on 19 November 2024 for the hearing. 12 Member States and the European Parliament took the floor to support the argumentation of the European Commission against Hungary.

Following the hearing, the report of the Advocate General on the case will be published on Thursday 5 June 2025. The ruling of the court is expected by the end of 2025.

We are very confident that the Court will rule to protect LGBTIQ+ people. This ruling would be important not only to repeal the law but also to prevent similar laws to be adopted in other Member States of the EU, as it has already been the case in Bulgaria in August 2024.

In this dark times, this court case set to deliver a powerful and clear message: we stand for our EU values of inclusion, equality, rule of law, and democracy.

List of countries participating in the lawsuit:

  • Belgium
  • Luxembourg
  • The Netherlands
  • Portugal
  • Ireland
  • Denmark
  • Austria
  • Malta
  • Spain
  • Sweden
  • Finland
  • Slovenia
  • Greece
  • France
  • Germany
  • Estonia

Also the European Parliament will intervene as a third party in the lawsuit.

What We Already Did Against Hungary’s Anti-LGBTIQ+ Law

10 JUNE 2021

Forbidden Colours reveals the news of a new far-reaching anti-LGBTIQ+ law in Hungary. The law, and Forbidden Colours, received a lot of international media attention. Heads of European governments reacted very strongly against the law after Forbidden Colours broke the news. No less than 18 member states signed a statement denouncing the law, initiated by the former Belgian Minister of Foreign Affairs Sophie Wilmes.

14 JUNE 2021

Budapest Pride, Hatter Society and Amnesty Hungary in collaboration with 5 human rights organisations organise a protest in from of the Hungarian Parliament to demand MPs not to vote the anti-LGBTIQ+ Law. The short-notice protest attracted 10.000 persons, mostly young people.

8 JULY 2021

On the day the law went into force, Hatter Society and Amnesty Hungary stages a protest in front of the Hungarian Parliament with Amnesty Hungary. During the protest, the organisations announced that they are petitioning the Fundamental Rights Commissioner to send the Putin-style anti-LGBTIQ+ law to the Constitutional Court.

24 JULY 2021

Hungary’s PM Viktor Orban announces he will organise an anti-LGBTIQ+ referendum. At the same time, Forbidden Colours organises a big international political delegation to visit the Budapest Pride March. Politicians from Belgium and all across Europe accepted Forbidden Colours’ invitation to come to the Hungarian capital. Over 35.000 people participated in the March. After the March, with the support of the Brussels Capital Region, Forbidden Colours decided to support Budapest Pride for over €30.000,00 in 2022.

13 DECEMBER 2021

Háttér Society submits a report to the European Commission for Democracy Through Law (Venice Commission) , which provided an in-depth analysis on the objectionable circumstances of the adoption of the law by Parliament, the main provisions of the law, the related implementing regulations, the sanctions, the lack of consistency of the law with other Hungarian laws, and the negative impact of the law.
 
The Venice Commission in Opinion No. 1059/2021 recommends Hungary to repeal or at least amend the key provisions of the amendments introduced by the so-called ‘child protection’ law. The Venice Commission emphasizes that the so-called ‘child protection’ law fails to comply with Article 10 of the European Convention on Human Rights

3 MAY 2022

Reclaim Europe releases a legal opinion regarding Hungary’s ‘anti-LGBTIQ+ propaganda law’. The research shows that the infringement procedure prepared by the European Commission on the law lacks the incorporation of the education- related prohibitions of the law. It aims to fill the gap by providing an in-depth analysis of the compatibility with EU law of these provisions.

10 JULY 2022

For the first anniversary of the law, Háttér Society publishes a report analyzing the extremely far-reaching and damaging impact of the law on LGBTQI rights in the country, as media outlets, bookshops, libraries, schools and others voluntarily apply the law, often more broadly than required by law, for fear of possible sanctions.

15 JULY 2022

After a year of advocacy, the European Commission announces that they will take the Hungarian government to the European Court of Justice on its anti-LGBTIQ+ law. It is the first time in the history of the EU that the Commission takes an anti-LGBTIQ+ initiative to the Court. The Court is likely to annul the law.

24 NOVEMBER 2022

Forbidden Colours and Reclaim Europe start up a cooperation with Hungary’s main LGBTIQ+ organisation Hatter Society on convincing EU member states to join the Case by the European Commission in front of the Court of Justice. As a first stop, the three organisations travel to Paris to convince France to join the ‘written observations’.

7 DECEMBER 2022

Reclaim Europe and Forbidden Colours discover and reveal that despite the Commission’s announcement in July 2022 on the infringement procedure, the official case had still not been filed with the authorities at the Court of Justice. After extensive advocacy by the two organisations, the Commission finally files the case on December 19th.

15 DECEMBER 2022

Forbidden Colours, Reclaim Europe and Hatter Society travel to Berlin to convince Germany to join the Case by the European Commission in front of the Court of Justice. The three organisations meet with governmental, political and civil society stakeholders that are instrumental for Germany’s position to join the Court case.

Because of these advocacy efforts over 10 member states already express their intention to join the court case. Besides this breaking the narrative by Viktor Orban on “Brussels vs. Budapest”, this might also become the biggest human rights related infringement procedure ever in front of the European Court of Justice.

20 JANUARY 2023

Háttér Society gives a comprehensive overview of both the state-controlled and voluntary implementation of the impugned provisions. In addition to the implementation of the so-called ‘child protection law’, it takes account of the attempts to censor LGBTIQ+ content prior to the adoption of the law, which impacts the way the law itself is implemented.

13 FEBRUARY 2023

The European Court of Justice officially publishes the court case in the Journal of the European Union. This is the official start of the procedure against Hungary. From then on, member states have 6 weeks to join the lawsuit.

During a press conference in the Press Club Brussels Europe, Forbidden Colours, Hatter Society and Reclaim launch this petition to call member states to join this court case, and make it the biggest ‘human rights court case’ ever at the EU-level.

1 MARCH 2023

In the first week of March, Forbidden Colours, RECLAIM and Hatter went to Estonia and Latvia to discuss the importance of the lawsuit with civil society organisations and policy-makers in their struggle against Kremlin-sponsored propaganda.

13 MARCH 2023

In the week of March 13th, Forbidden Colours, Hatter and RECLAIM travelled to Slovenia and the Czech Republic to discus the importance of the lawsuit with local actors.

14 MARCH 2023

13.307

On the 14th of March, the petition was closed. No less than 13.307 EU citizens demanded their governments to join the EU lawsuit defending Hungary’s LGBTIQ+ citizens.

 

On this day, in cooperation with partner organisations from all over Europe, our coalition has sent the letters signed by all 13.307 EU citizens to the 26 Ministers of Foreign Affairs in the European Union.

21 MARCH 2023

Upon the request of our organizations, the European Parliament has voted to intervene in the European Commission’s court case against Hungary’s anti-LGBTIQ+ law. This is an unprecedented move by the EU’s most democratic institution.

6 APRIL 2023

15 EU Member States confirmed their participation in the lawsuit alongside the European Commission. Estonia, which was undergoing national elections then, joined the case a few months later.

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AUTUMN 2023

All parties submitted their written observations to the Court of Justice of the EU.

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19 NOVEMBER 2024

The hearing on the case took place in Luxembourg in front of the full court of 27 judges. 12 Member States and the European Parliament took the floor to present their arguments alongside the European Commission against the Hungarian law.

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5 JUNE 2025

The Advocate General published her report on the case. The report summarises the argument and provides and influential opinion for the judges. It confirms all ground, including self standing violation of Article 2 of the Treaty of the European Union.

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AUTUMN 2025

The ruling of the court on the case. (Expected)

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