EU "moving like a snail" against rapid rise of LGBTQ+ censorship

LONDON - The European Union (EU) has come increasingly under fire for failing to act swiftly to combat the spread of anti-LGBTQ+ laws, including Hungary's Pride ban, with activists warning inaction could lead to further quashing of rights.

Hungary, under Prime Minister Viktor Orbán, is leading the charge in LGBTQ+ censorship and, in 2021, passed a law restricting LGBTQ+ information in schools and the media.

Since then, laws similar to Hungary's have been proposed or enacted in five other EU countries - Italy, Bulgaria, Poland, Romania and Slovakia - as well as in Georgia and Moldova, which are seeking EU membership.

The European Commission referred Hungary to the EU Court of Justice (CJEU) over the anti-LGBTQ+ law in mid-2022 - the first time it has taken a EU member country to the CJEU over LGBTQ+ rights.

A decision on whether the law violates EU rules is expected in early June, but activists say it is too little too late.

"The European Union is moving like a snail while the undermining of human rights moves at light speed," Bulgarian activist Radoslav Stoyanov told Context.

"It means very many bad things can happen before we react."

Hungary, which has refused to revoke its 2021 law, went a step further in March, passing a law banning Pride events on the grounds that they are harmful to children.

The European Commission said it is "closely monitoring" developments, adding that equality and non-discrimination are core values of the bloc.

It is due to present a new LGBTQ+ equality strategy by the end of the year, a Commission spokesperson said.

"The Commission will ... not hesitate to use all the instruments at its disposal to protect the EU's values and to take the necessary actions, as it has done in the past," the spokesperson said in an email.

Eszter Polgári, a human rights lawyer with the Háttér Society, a Hungarian LGBTQ+ group, said the Commission delayed acting on Hungary's censorship law and did not ask for interim measures, leading to a "chilling" effect.

"That (2021 law) is the basis of banning the Pride march, and there is still very little responsiveness or openness to seeking measures even now," said Polgári.

Russian influence

Activists say anti-LGBTQ+ laws in Europe are often modelled on Russia's 'LGBTQ+ propaganda' law, first passed in 2013 and expanded by President Vladimir Putin in 2022.

Russia's law prohibits the spread of any LGBTQ+ information online, in films, books or in advertising, as well as in educational settings.

Most recently, Bulgaria banned the "propaganda, promotion, or incitement" of LGBTQ+ topics in schools in August 2024, while Georgia launched a widespread ban on "LGBTQ+ propaganda" in October.

Many of these laws were introduced unexpectedly and passed quickly. Bulgaria's bill underwent its first and second readings in one sitting and was signed into law a week later, while Orbán submitted and signed Hungary's 2021 law in an expedited process.

Once these censorship laws are established the (country) can proceed with further bans, stripping away and rolling back queer rights," said Stana Iliev, campaigns manager at global rights group All Out.

"They're each copy-paste, they are one attack. So why isn't there a unified harmonised answer?"

All Out wants the European Commission to launch infringement procedures against countries with LGBTQ+ censorship laws, and to make EU membership contingent on "full compliance with EU standards for LGBT+ rights".

A weaker approach

Some experts say political considerations may be influencing the Commission's approach towards anti-LGBTQ+ laws.

"The current Commission has a much more fragmented majority, a weaker majority, which includes parties that support anti-LGBTQ+ laws and therefore ... it is much more silent," said Alessandro Marcia, a lecturer of EU law at Maastricht University.

Last year, rights groups criticised the Commission for expanding the duties of the commissioner for equality to include crisis management and preparedness, saying it diluted the role's focus.

Commission President Ursula von der Leyen also faced opposition in the European Parliament after appointing a member of Italy's far-right governing party as one of the Commission's six executive vice-presidents.

Italy's Prime Minister Giorgia Meloni has vowed to combat what she called the "LGBT lobby".

Even if infringement proceedings fail to change laws, Marcia said they can help bolster support in the affected countries.

"The role of the EU in this sense is to create a sort of collective wake-up in the concerned state ... They play a very important role in creating internal pressure."

(Reporting by Lucy Middleton; Editing by Ana Nicolaci da Costa.)