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Hungary's LGBTQ+ law breaches EU regulation, top court advocate says

  • Hungary passed a law on June 15, 2021, banning school and media content depicting homosexuality and gender identity different from birth sex.
  • The law emerged from Prime Minister Viktor Orban's conservative government aiming to protect children's gender identity at birth amid a broader anti-LGBTQ agenda.
  • Critics and rights groups condemned the law as discriminatory, accusing it of conflating LGBTQ identities with pedophilia and restricting freedom of expression.
  • On June 5, Advocate General Tamara Capeta expressed that the legislation breaches EU regulations governing the single market, core rights, and the Union’s foundational principles, highlighting an underlying value judgment that deems certain identities as inferior.
  • The European Commission launched infringement procedures, intensifying tensions and signaling ongoing legal disputes over Hungary's LGBTQ+ legislation and rights.
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The EU's general lawyer considered the law "an engineering" of the authorities in relation to fundamental rights and a retrogression in relation to "constitutional democracy model" taken by the block.

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The Washington Post broke the news in on Tuesday, December 15, 2020.
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