The Hungary Lawsuit and Potential EU Responses

The lurch rightwards in our politics has brought a wave of disinformation and discrimination against lesbian, gay, bisexual, trans and intersex people.

As well as exacerbating prejudice, the anti-LGBTIQ+ campaigns, many supported by US evangelicals and Russian oligarchs, foment social divisions and aim to weaken liberal democracy. 

That's why the new era of bigotry should be seen as a strategic threat for Europe, former Irish Prime Minister Leo Varadkar explains in this episode. 

Leo is currently a Senior Fellow for the Global LGBTQI+ Human Rights Program at the Carr-Ryan Center for Human Rights at the Harvard Kennedy School. He stepped down as Taoiseach last year after serving two terms and making history as Ireland's first openly gay head of government.

Among Leo's current concerns: how US diplomats and corporate executives who formerly supported LGBT rights have changed position or melted away, leaving regions like Central and Eastern Europe especially vulnerable.

"The fact that America is withdrawing from that space has left it open to Russia," says Leo. "That’s where I think the European Union needs to come in and needs in many ways I think to fill the space of the Americans."

A particular focus is Hungary, the EU state that is the subject of what Rémy Bonny, executive director of Forbidden Colours, calls the largest human rights lawsuit in the bloc's history.

That lawsuit concerns a so-called child-protection law that censors inclusive sex education, equates LGBTI lifestyles with pedophilia, blocks adoption for LGBTI couples, and restricts content in media and advertising.

A top advisor has already issued a preliminary finding against Hungary and the Court of Justice of the EU is expected to reach a verdict next year.

A definitive ruling against Hungary "can't go without a meaningful response" from EU authorities, says Leo. "The treaties are worth nothing if that's the case."

When it comes to EU politics, Leo encourages a return to centrist leadership rather than reliance by his political family, the center-right European People's Party, on the possibility of majorities with the far right.

"I much prefer us being in alliance with Liberals and Social Democrats and Greens."

Leo also critiques fellow conservative Ursula von der Leyen, the president of the European Commission, for saying "too little, too late" about homophobia in Hungary — and about Israel's conduct of the war in Gaza.

Even so von der Leyen does "come around to the right position eventually, which is better than the reverse."

As for Donald Trump, who Leo met several times as Taoiseach, the US president is taking a far more hostile approach to LGBT rights compared to his first term. Whether Trump actually leaves office after 2027 general could come down to the US military.

"It's a dangerous time."

Asked whether he could have done more as Taoiseach to regulate the giant US tech companies that have bases in Ireland, Leo says he oversaw stepped up enforcement during his time in office. There was however a wider failure, where tech companies still are shielded from liability for the illegal and highly polarizing content hosted on their platforms.

"We allowed them to really get away with this idea that they're not publishers" and "that wasn't right," says Leo, who says he supports a crackdown on algorithms that amplify hate and toxicity.

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