Hungary’s New Government Moves to Roll Back Orbán-Era LGBTQ Restrictions

Hungary’s new government has begun dismantling some of the most controversial LGBTQ+ policies introduced during Viktor Orbán’s 16 years in power.

The government of Prime Minister Péter Magyar submitted a bill to Parliament on Monday that would remove provisions introduced in 2021 restricting the portrayal or “promotion” of homosexuality and gender transition in content accessible to people under 18. Reuters

The rules were originally introduced by Orbán’s government as part of legislation presented as a child protection measure. They affected television, advertising, educational materials and other forms of content available to minors.

Under the proposed changes, sexual orientation and gender identity would no longer automatically fall within those restrictions. Instead, child protection rules would focus on material involving pornography, sexual exploitation, abuse and other content considered harmful to minors. Reuters

The legislation still requires approval from Hungary’s Parliament.

A Law Challenged by the European Union

Hungary’s 2021 legislation had been the subject of a long-running dispute with the European Union.

In April, the Court of Justice of the European Union ruled that Hungary had breached EU law by adopting restrictions covering content that portrayed homosexuality, gender reassignment or identities differing from a person’s sex assigned at birth.

The court concluded that the legislation discriminated against and contributed to the stigmatisation and marginalisation of LGBTI+ people. It was the first time the court found a member state in breach of the values contained in Article 2 of the Treaty on European Union in this type of infringement case. curia

Magyar’s government is now moving to amend the legislation following that ruling.

The proposed reversal also comes as Hungary attempts to rebuild relations with European partners following Orbán’s departure from office after April’s election. Magyar and his Tisza party came to power after defeating Orbán’s Fidesz, bringing an end to 16 consecutive years of Orbán-led government. Reuters

Adoption Rules Could Be Next

The government has also indicated that changes to Hungary’s adoption system are being prepared.

Magyar said this week that his government intends to reverse rules introduced in 2020 that effectively prevented many same-sex couples from adopting children.

Before those changes, a gay or lesbian person could apply to adopt as an individual even though Hungary did not permit joint adoption by same-sex couples. The Orbán government subsequently required adoption applications from unmarried individuals to receive approval from the minister responsible for family affairs, creating an additional political barrier for same-sex couples. Reuters

Magyar said decisions about whether someone is suitable to adopt should instead be made by professionals responsible for assessing the welfare of the child.

“We can say unequivocally that we will change this system,” he told reporters, according to Reuters. Reuters

His government has not yet completed the legislative process required to make that change.

A Significant Change in Direction

The moves represent a clear change in government policy toward LGBTQ+ issues in Hungary.

Under Orbán, Hungary introduced a series of measures affecting LGBTQ+ people, including restrictions on legal gender recognition, adoption and LGBTQ+ material accessible to minors. His government argued that many of the policies were necessary to protect children and preserve traditional family values.

Those measures repeatedly brought Hungary into conflict with EU institutions and human rights organisations, which argued that the laws discriminated against LGBTQ+ people.

Magyar, who previously belonged to Orbán’s Fidesz party before becoming its leading political challenger, largely avoided making LGBTQ+ rights a central theme of his election campaign. His campaign instead focused heavily on corruption, public services, the economy and Hungary’s relationship with the European Union. LGBTQ Nation

Now in government, the first legislative changes suggest that at least some of the policies introduced during the Orbán era will not survive the political transition.

For Hungary’s LGBTQ+ community, however, the extent of the change will depend on what Parliament ultimately approves and how the new rules are implemented.