A Victory for LGBTIQ Rights: Advocate General Ćapeta’s Opinion on Hungary’s Anti-LGBTIQ Legislation

EU Parliament's LGBTIQ Intergroup hails Advocate General's opinion that Hungary's anti-LGBTIQ law violates EU law, citing discrimination and urging Court of Justice to uphold LGBTIQ rights.

Introduction: A Landmark Opinion

The LGBTIQ Intergroup of the European Parliament is welcoming a significant opinion from Advocate General Tamara Ćapeta regarding Hungary’s controversial 2021 anti-LGBTIQ propaganda legislation. In her non-binding opinion for case C-769/22, AG Ćapeta has articulated that Hungary’s law is in violation of EU law, undermining core European values of respect, dignity, and non-discrimination.

Core Problems with the Legislation

According to the Advocate General, Hungary’s law, which was purportedly introduced to protect minors, indeed discriminates against LGBTIQ individuals. It unjustly limits their freedom of expression, their right to privacy, and even their ability to provide and receive services. This stance denotes a serious concern over the implications of such legislative actions, which deny the equal dignity of LGBTIQ lives across Europe.

Calls for Action and Future Implications

The LGBTIQ Intergroup has strongly urged the Court of Justice to adopt AG Ćapeta’s opinion, as such affirmation would reinforce the ruling against Hungary’s discriminatory practices. Co-chair Marc Angel emphasised that using the protection of children as a guise to erase LGBTIQ identities is both unjustified and incompatible with EU values. As legislation in Hungary continues to evolve, including new restrictions on pride marches, it is vital that the European Commission acts decisively to maintain political pressure until this harmful law is repealed.

In conclusion, this opinion is not merely a legal assessment; it is a powerful affirmation of the values we hold dear. The LGBTIQ Intergroup remains hopeful for future outcomes that honour the principles of equality and dignity for all.