The Court of Justice of the European Union ruled that restrictions on gender propaganda are not permitted, and the registry for convicted sex offenders also violates EU law. Outgoing Prime Minister Viktor Orbán reacted immediately to the ruling; a response from the future Hungarian government is still pending.
A week and a half after the elections, the Court of Justice of the European Union ruled in favor of the European Commission against Hungary, finding that the Hungarian Child Protection Act violates EU law in several respects.
Based on the press release from the Court, the amendments to Hungarian Act LXXIX of 2021 “on stricter measures against pedophile offenders and the amendment of certain laws on the protection of children” violate “primary and secondary law in the area of services in the internal market, the Charter of Fundamental Rights of the European Union, Article 2 TEU, and the General Data Protection Regulation (GDPR).”
They object that the Hungarian laws “prohibit or restrict access to content that, as an essential component, includes the depiction or promotion of deviations from personal identity corresponding to the sex at birth, gender reassignment, or homosexuality.”
In its action, the Commission argues that the Hungarian Child Protection Act is a law that stigmatizes and marginalizes LGBTQ+ persons and thus violates EU law.
The Court of Justice of the European Union further confirms that under EU law, “such restrictions may be justified by the promotion of the child’s best interests or the need to safeguard the right of parents to ensure the education and instruction of their children in accordance with their own religious, philosophical, and educational convictions, as guaranteed by the Charter.”
Based on the judgment, the Hungarian approach demonstrates “that certain sexual identities and orientations are favored over others, who are thereby stigmatized, which is incompatible with the requirements arising from the prohibition of discrimination on grounds of sex and sexual orientation in a society founded on pluralism.”
The Hungarian law is at odds with the Union’s identity as a common legal order in a society characterized by pluralism,”
the statement reads.
At the same time, the Court ruled that the Hungarian legislation in question violates the GDPR as well as the right to data protection guaranteed by the Charter, as it amended the Criminal Records Act to expand access to information stored in the criminal records regarding individuals who have committed a crime against children or a crime against sexual freedom or morality.
The communication also notes that infringement proceedings may be initiated against member states that fail to fulfill their obligations under EU law.
Following the Court of Justice’s judgment, the member state in question must comply with the requirements set forth therein as soon as possible. If, in the Court of Justice’s view, this does not occur, it may file a further action seeking the imposition of financial penalties.
The Brusselian steamroller is already in motion. Our patriotic government protected Hungarian children from aggressive LGBTQ propaganda. Now the Brusselian empire strikes back. We will not give up the fight for the soul of Europe! https://t.co/y6S4W6psPD
— Orbán Viktor (@PM_ViktorOrban) April 21, 2026
The outgoing prime minister reacted immediately to the court’s ruling shortly after the elections. “The Brusselian steamroller is already in motion. Our patriotic government protected Hungarian children from aggressive LGBTQ propaganda. Now the Brusselian empire strikes back. We will not give up the fight for the soul of Europe!” Viktor Orbán declared in a post on X.
BRUSSELS RULES AGAINST LIMITS ON GENDER PROPAGANDA‼️
One and a half weeks after the elections, the Court of the European Union has struck down Hungary’s child protection law.
According to the Brussels court, the spread of gender-related content in media and advertising cannot… https://t.co/m7zrBpKLdG pic.twitter.com/m7fDdak1fg
— Balázs Orbán (@BalazsOrban_HU) April 21, 2026
According to the political director of the outgoing prime minister, the ruling raises serious questions about the role of EU institutions in sensitive social and cultural matters.
This decision is further proof that the EU has shifted toward a ‘woke’ ideological framework in which gender ideology is no longer debated but enforced,”
said Balázs Orbán in a post on X.
A statement from the future government and future Prime Minister Péter Magyar is still pending. Since the TISZA Party never publicly commented on LGBTQ issues during its election campaign, it remains to be seen what reaction will follow.
Via curia.europa.eu; Featured photo: Pixabay
