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The 2024 European elections: A turning point for LGBTQ rights in the EU?

Right-wing parties made electoral gains

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European Union President von der Leyen addresses the European Parliament in October 2023. (Screenshot courtesy of the European Council Press Office)

As the dust settles after the 2024 European Parliament elections, right-wing parties are gaining substantial ground and concerns about the potential impact on LGBTQ rights are growing. The projected surge in support for far-right parties, however, was not as pronounced as some had expected.

Monday morning’s estimates indicate the far-right’s presence has, however, undeniably increased. 

The European Conservatives and Reformists (ECR) gained four seats, bringing their total to 73. The Identity and Democracy group saw a significant rise, gaining nine seats to reach 58. Together, these nationalist, anti-immigrant parties now hold around 130 seats, reflecting their growing influence. Marine Le Pen’s National Rally in France, which clinched over 32 percent of the vote, and the Alternative for Germany securing approximately 16 percent of the vote and becoming the country’s second-largest party, ahead of Chancellor Olaf Scholz’s Social Democrats, in particular could affect the broader political dynamics in Europe.

Despite the gains for the far-right, the mainstream conservative European People’s Party (EPP) emerged as the largest group, securing 189 seats, an increase of 13 seats. The two other centrist parties, the Progressive Alliance of Socialists and Democrats and Renew Europe, however, experienced losses that eroded the political center. S&D finished with 135 seats, losing four, while Renew Europe saw a significant reduction, finishing with 83 seats.

European Commission President Ursula von der Leyen celebrated her party’s victory and called for cooperation among centrists to ensure a “strong and effective Europe.” She emphasized the responsibility that comes with the election results, noting the need for stability amid growing support for extremist parties.

The election’s biggest losers were the Greens, who saw their support decrease by 25 percent, ending with 53 seats. The Greens, despite this setback, could still play a crucial role in supporting centrist majorities as an alternative to further-right parties.

All eyes are now on the election winners, the EPP. 

Von der Leyen has indicated her readiness to work with certain parties sitting with the hard-right ECR. Initial signals from the EPP camp, however, suggest it will stay true to its traditional allies at the center. Von der Leyen has offered to work with socialists and liberals to build a “majority in the center for a strong Europe,” underscoring the importance of maintaining a united front against extremism.

The narrow margins in the new parliament could lead to issue-by-issue coalitions, especially for sensitive issues such as those related to the European Green Deal. This limited room for maneuver could see the EPP relying on partners to its right on an ad hoc basis, including for critical decisions that include ushering in a new commission president. Von der Leyen’s future hangs in the balance as she seeks re-election. National delegations within her EPP grouping and support from lawmakers of Giorgia Meloni’s Brothers of Italy party, which clinched 24 seats, will play a crucial role in her bid to secure an absolute majority of 361 MEPs.

The implications for LGBTQ rights in Europe are significant. 

Far-right parties, known for their conservative social values, might push for policies that restrict LGBTQ rights, opposing marriage and adoption by same-sex couples, and challenging the legal recognition of gender identity and access to healthcare for transgender people. Such potential policy reversals represent a significant setback for the LGBTQ community.

The rising popularity of far-right ideologies also poses a risk of heightened discrimination and hate speech against LGBTQ people. 

Hate-motivated violence and exclusion are likely to become more prevalent, along with more frequent and aggressive hate speech targeting the LGBTQ community. Additionally, far-right parties often promote traditional gender roles and family structures, potentially undermining the visibility and acceptance of LGBTQ identities. Nonbinary, transgender, and intersex people could face increased stigmatization.

The 16th annual Rainbow Map that ILGA-Europe publishes underscores the importance of legal protections for LGBTQ people. 

Authoritarian leaders across Europe continue to use the scapegoating of LGBTQ people to divide and mobilize their electorates. Several countries, however, have demonstrated robust political will to advance and protect LGBTQ rights. Some countries — Germany, Iceland, Estonia, and Greece — have made significant strides in protecting LGBTQ rights through improvements in legislation and anti-discrimination measures. Belgium, Cyprus, Norway, and Portugal have introduced bans on conversion therapy practices.

Countries such as Italy, on the other hand, show the consequences of stalling legislative protection for LGBTQ people. Moreover, EU accession countries, including Turkey and Georgia, are actively eroding human rights and fundamental freedoms.

The Rainbow Map illustrates the stark differences in how European countries handle LGBTQ rights. 

While some nations are making significant progress, others are regressing, influenced by the far-right’s growing power. Germany, Iceland, Estonia, and Greece, for example, have made noteworthy improvements in their legal frameworks to protect LGBTQ people. Germany prohibited hate crimes based on sexual orientation, gender identity, and sex characteristics, while Estonia and Greece amended their laws to allow same-sex couples to marry and adopt children.

In contrast, Italy, which has dropped in the rankings due to stalling legislative protections, exemplifies the risk of complacency that many activists in Europe fear. The far-right’s influence can quickly lead to the erosion of rights if proactive measures are not taken. The situation is even more dire in EU accession countries such as Turkey and Georgia, where LGBTQ rights are actively being rolled back.

The stakes are high as Europe moves forward from these elections. 

The EU must address the rise in political hate speech and new tools of oppression that include Russia’s criminalization of the LGBTQ movement. Without strong laws and policies to protect LGBTQ people, the foundation of safety, rule of law, and democracy in Europe is at risk.

The balance of power remains delicate as the European Parliament prepares for its new term.

The first major test will be the approval of the new European Commission president, which is set for July. Von der Leyen, who narrowly won her position five years ago, will need to secure broad support among centrists while navigating the complex dynamics of the new parliament. The secret ballot process adds an additional layer of uncertainty, making her re-election far from guaranteed.

The 2024 European elections have set the stage for potentially significant changes in the legislative and social landscape of the EU. As right-wing parties gain power, the fight for LGBTQ rights becomes more crucial than ever. The next few years will be pivotal in determining whether Europe can uphold its commitment to human rights and equality or if it will see a regression influenced by nationalist, conservative ideologies.

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European Union

European Parliament backs EU-wide conversion therapy ban

More than 1.2 million people backed campaign

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(Photo by axelbueckert/Bigstock)

The European Parliament on Wednesday voted in favor of banning so-called conversion therapy across the European Union.

ACT (Against Conversion Therapy) LGBT in 2024 launched a campaign in support of the ban through the EU’s European Citizens Initiative framework. More than 1.2 million people ultimately signed it.

The proposed ban had the support of 405 MEPs. The European Commission is expected to formally respond to it by May 18.

Seven EU countries — Belgium, Cyprus, France, Malta, Norway, Portugal, and Spain — have banned conversion therapy outright.

Greece in 2022 banned the practice for minors. German lawmakers in 2020 passed a law that prohibits conversion therapy for minors and for adults who have not consented to undergoing the widely discredited practice.

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European Union

Top EU court strikes down Hungary’s anti-LGBTQ propaganda law

Ruling issued days after voters outed Prime Minister Viktor Orbán

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An anti-transgender book for sale in a bookstore in Budapest, Hungary, on April 4, 2024. The European Union Court of Justice has struck down Hungary's anti-LGBTQ propaganda law. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday struck down Hungary’s anti-LGBTQ propaganda law.

Hungarian MPs in 2021 approved Act LXXIX of 2021.

“It shall be forbidden to make accessible to persons who have not attained the age of 18 years advertisement that depicts sexuality in a gratuitous manner or that propagates or portrays divergence from self-identity corresponding to sex at birth, sex change or homosexuality,” it reads.

The European Commission in 2022 challenged the law. Sixteen EU countries — Austria, Belgium, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Luxembourg, Malta, the Netherlands, Portugal, Slovenia, Spain, and Sweden — joined the lawsuit. The European Parliament also supported it. Outgoing Hungarian Prime Minister Viktor Orbán, for his part, said his government would defend the law.

The EU Court of Justice heard the case in 2024.

A press release that announced the ruling on Tuesday said Hungary “acted in breach of EU law.”

“The court finds, for the first time, a separate infringement of Article 2 TEU (Treaty on European Union), which lists the values on which the (European) Union is founded and which are common to all the Member States,” it reads. “The aspects of the amending law targeting content which portrays or promotes deviation from the self-identity corresponding to the sex assigned at birth, gender reassignment, or homosexuality constitute a coordinated series of discriminatory measures which are in breach, in a way that is both manifest and particularly serious, of the rights of non-cisgender persons — including transgender persons — or non-heterosexual persons, as well as the values of respect for human dignity, equality and respect for human rights, including the rights of persons belonging to minorities.”

“Consequently, that law is contrary to the very identity of the (European) Union as a common legal order in a society in which pluralism prevails,” notes the press release.  “Hungary cannot validly rely on its national identity as justification for adopting a law which is in breach of the values referred to above.”

The Háttér Society, a Hungarian LGBTQ rights group, said the ruling “is a milestone for the protection of human rights in the European Union, and it is also a historic victory for LGBTQI people in Hungary.”

The court issued its ruling nine days after Péter Magyar ousted Orbán in Hungary’s elections.

Orbán took office in 2010.

He and his government faced widespread criticism over its anti-LGBTQ crackdown that included laws that banned Pride events and other public LGBTQ events. (Upwards of 100,000 people last June denied the prohibition and marched in Budapest’s annual Pride parade.)

“Those amendments constitute a particularly serious interference with several fundamental rights protected by the (EU) Charter (of Fundamental Rights), namely the prohibition on discrimination based on sex,” notes the court’s press release.

The EU since Orbán took office has withheld upwards of €35 billion ($41.2 billion) in funds to Hungary in response to concerns over corruption, rule of law, and other issues. Magyar has said he will work with Brussels to unfreeze the money.

ILGA-Europe Deputy Director Katrin Hugendubel urged Maygar’s government to repeal the law.

“With this ruling, the CJEU (The EU Court of Justice) is confirming what we have been saying for six years,” said Hugendubel. “There is now no excuse for the Commission not to require Hungary to quickly withdraw the law. Hungary cannot enter a post-Orbán era without repealing this legislation, including the Pride ban.”

“If Péter Magyar truly aims to be pro-EU, he must place this at the top of his agenda for his first 100 days in office, as an essential part of his EU facing reforms,” added Hugendubel.

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Bulgaria

Top EU court issues landmark transgender rights ruling

Member states must allow name, gender changes on ID documents

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(Photo by nito/Bigstock)

The European Union’s highest court on Thursday ruled member states must allow transgender people to legally change their name and gender on ID documents.

The EU Court of Justice in Luxembourg issued the ruling in the case of “Shipova,” a trans woman from Bulgaria who moved to Italy.

“Shipova” had tried to change her gender and name on her Bulgarian ID documents, but courts denied her requests for nearly a decade.

A ruling the Bulgarian Supreme Court of Cassation issued in 2023 essentially banned trans people from legally changing their name and gender on ID documents. Two Bulgarian LGBTQ and intersex rights groups — the Bilitis Foundation and Deystvie — and ILGA-Europe and TGEU – Trans Europe and Central Asia supported the plaintiff and her lawyers.  

“Because her life in Italy also depended on her Bulgarian documents, the lack of documents reflecting her lived gender creates an obstacle to her right to move and reside within EU member states,” said the groups in a press release. “This mismatch between her gender identity and expression and her gender marker in her official documents leads to discrimination in all areas of life where official documents are required. This includes everyday activities such as going to the doctor and paying for groceries by card, finding employment, enrolling in education, or obtaining housing.” 

Denitsa Lyubenova, a lawyer with Desytvie, in the press release said the case “concerns the dignity, equality, and legal certainty of trans people in Bulgaria.” TGEU Senior Policy Officer Richard Köhler also praised the ruling.

“Today, the EU Court of Justice has taken an important step towards a right to legal gender recognition in the EU,” said Köhler. “Member states must allow their nationals living in another member state to change their gender data in public registries and identity cards to ensure they can fully enjoy their freedom of movement. National laws or courts cannot stand in their way.” 

“Thousands of trans people in the EU are breathing a sigh of relief today,” added Köhler.

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