Supreme Court narrows down government’s ‘child protection’ referendum

A left-wing liberal commentator welcomes the Curia’s decision to dismiss one of the government’s referendum questions on the controversial child protection law. Magyar Narancs concedes that as the ruling shows, courts still are ‘to a certain extent’ still independent.

In its ruling, the Curia dismissed one of the questions in the government’s referendum on the controversial child protection law that bans the depiction of wanton sexuality, homosexuality or transgender issues among minors (see BudaPost July 23, July 30 and August 2). The Curia ruled that one of the five proposed questions (‘Do you support that minors should have the right to undergo sex reassignment treatment?’) violates the Fundamental Law. The Curia pointed out that the Fundamental Law bans the change of sex at birth, and so it would violate the constitution if voters in the referendum supported a minor’s right to sex reassignment.

Magyar Narancs in a first page editorial welcomes the Curia’s decision. The left-wing liberal weekly maintains that the government is trying to ‘abolish the autonomy of the judiciary’, but admits that as the ruling shows, courts can still find ways to act independently and go against the government. The authors however also believe that Hungary does not fully comply with rule of law principles, and judges unwilling to confront the government may confirm legislation even if it violates the constitution and serves the government’s ‘propaganda war against sexual minorities’. Nonetheless, Magyar Narancs thinks that the Curia’s ruling is a huge blow to what the editors see as the government’s efforts to use anti-LGBT legislation for propaganda purposes.

Tags: child abuse, court, gender, LGBTQ