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New Hungarian Legislation Sparks Protests and International Condemnation

By Skyler Brown

Image Source: Anna Szilagyi/AP

A law passed 157 to one in June by the Hungarian parliament has banned the circulation of content “deemed to promote homosexuality and gender change” in schools and to individuals under 18-years-old went into effect in early July, sparking domestic upheaval and international criticism (France 24). Despite discrimination against sexual orientation and gender identity being banned in 2004 and civil partnerships between same-sex individuals becoming recognized in 2009, Hungarian PM Viktor Orbán and the Fidesz conservative party have been steadily encroaching on marginalized communities since coming to power in 2010 (NBC News). Other legislation passed in the last year has amended the constitution to ban same-sex partners from adoption and sought to prevent intersex and transgender individuals from changing their gender markers on official documents.

This latest anti-LGBTQ+ measure does more than limit comprehensive sex education and informed discussions on gender identity, however. Sharing any information on these topics with those under 18 is outlawed, including advertisements and other forms of media, so long as the government believes it could be directed toward that demographic. According to those who have studied it, “the law means that TV shows and films featuring gay characters, or even a rainbow flag, would be permitted only after the watershed” (The Guardian). The bill also incorporates harsher punishments for pedophiles, conflating non-heterosexual and non-cisgender identities with pedophilia.

EU leaders and human rights activists have condemned these actions and the Venice Commission, one of the leading human rights institutions in the region, has found that it makes “the legal recognition of gender of trans and intersex people unconstitutional and therefore impossible,” with it being “incompatible with international human rights standards” (France 24). It marks a more sinister development in recent Hungarian politics, as the Fidesz party continues to target marginalized communities to strengthen its bid on power. It is no coincidence that Orbán, who campaigned on anti-immigrant policies and anti-Roma sentiment, has placed mounting pressure on the LGBTQ+ community with new elections around the corner in 2022.

These trends not only negatively impact the queer community, as it promotes further stigmatization and discrimination, but undermines democracy as a whole through fear tactics. Growing attacks on the civil liberties and freedom of expression of one group mean the process can be repeated. By expressing support for LGBTQ+ individuals and their identities, international actors provide validity for domestic protesters and those that oppose the new law. International backing means that Hungarians who speak out will be more protected from abuse by their government, as any mistreatment could result in more tangible penalties such as sanctions.

Because of this, the Budapest Pride Festival, which started in late June and concluded last Sunday, received backing from more than 40 embassies and foreign cultural institutions in Hungary. Protest and Pride came together on July 24th as thousands marched in the streets for the annual Pride parade.    As a 16-year-old, Mira Nagy is the exact demographic the government seeks to “protect” through this legislation. She also just so happens to be a part of the LGBTQ+ community, and she made a point of attending Pride in Budapest. When speaking with NBC News, she highlighted the seriousness of this year: “[It] is much more significant, because now there are real stakes.”