Hungary’s parliament voted 139–51 on Tuesday to repeal controversial provisions of a 2021 child protection
law that had restricted LGBTQ+ content. The reversal, led by Prime Minister Péter Magyar’s Tisza party, follows an April European Court of Justice ruling that declared the original measures in violation of European Union values.
Amendment Removes Restrictions on LGBTQ+ Materials
The amendment, passed on October 13, removes language that previously banned the portrayal
or promotion
of sexual and gender diversity in materials accessible to those under 18. Under the former administration of Viktor Orban, these restrictions had effectively forced books addressing LGBTQ+ topics into opaque plastic wrapping and prompted widespread international criticism for equating homosexuality with pedophilia. Originally introduced in 2021 as a measure to strengthen penalties for child sexual abuse, the legislation was subsequently expanded under the nationalist ex-leader to include restrictions on LGBTQ-related content. Orban’s government had also begun rolling back rights in 2020 by barring the legal recognition of transgender people’s gender identity, and last year amended the rules to provide a legal basis for banning annual Pride marches.
The new legislation pivots toward a different standard for child protection. According to the government, the law will now focus on shielding minors from content that can seriously impair the child’s physical, intellectual, emotional or moral development.
Ahead of the parliamentary vote, Prime Minister Péter Magyar presented the changes as strengthening the protection of children regardless of sexual orientation, rather than as restoring LGBT rights. While Magyar did not make LGBTQ+ rights a focus of his election campaign, his administration submitted a proposal in September to repeal the controversial law, marking a significant reversal of policies inherited from its predecessor.
New Prime Minister Changes Government Policy
The vote changes government policy under Prime Minister Péter Magyar, who assumed office in May after defeating Orban in the April elections, ending a 16-year stretch in power for his predecessor. Magyar won a landslide victory after breaking with Orban and his policies, pledging to dismantle what he described as the authoritarian structures and rampant corruption of the previous government. While Magyar is a conservative and an immigration hardliner, his administration has sought to change several policies inherited from its predecessor and bring Hungary into line with European Union regulations. In a joint statement, EU Commissioners Michael McGrath and Hadja Lahbib welcomed the move as an important signal of commitment for our common values.
The European Court of Justice had found that the 2021 legislation violated the very identity
of the European Union, adding legal pressure on Budapest to amend or repeal the restrictions.
Fidesz lawmakers voted against the amendment and accused the government of neutering
the original legislation due to external pressure from the European Union. Despite this opposition, the governing Tisza party possesses a comfortable two-thirds parliamentary majority, allowing the bill to pass with 139 lawmakers voting in favour and 51 against without needing cross-party support.
Unresolved Issues for LGBTQ+ Advocates
While activists have largely celebrated the repeal, many note that significant legal barriers remain for the LGBTQ+ community in Hungary.
- The 2020 ban on the legal recognition of transgender people’s gender identity remains in place, leaving transgender people with no opportunity to legally recognize their gender identity even after gender transition.
- Same-sex couples continue to face restrictions preventing them from adopting children, alongside demands from advocates for the full recognition of same-sex marriage.
- Constitutional language in the Fundamental Law (Hungary’s constitution) and restrictions in the Freedom of Assembly Act—including provisions banning equality marches—were not addressed by the bill and have been used to prohibit Pride and other LGBT-related assemblies.
Human Rights Watch pointed out that other discriminatory provisions in Hungarian law were left intact by the legislation. The bill did not address discriminatory language in the constitution or restrictions in the assembly act, leaving advocates to push for further reforms beyond the removal of restrictions on access to LGBT-related materials.
