Is the European Court of Justice transforming the EU into a woke club where LGBT ideology, and gender identity in particular, are legally binding, in defiance of national constitutions, even though the EU has no jurisdiction in this matter?
A rhetorical question, Your Honour, because the case law of the ECJ leaves no room for doubt. Under European law, we already knew that Bulgaria is obligated to recognise the filiation of a child born to two women in Spain. Furthermore, Romania must recognise the new identity of one of its citizens who underwent gender transition in the United Kingdom, which the Court continues to consider a member state even after Brexit. Hungary is required to register an Iranian refugee under the gender she identifies with, and the French national railway company, SNCF, is asked to stop using “Monsieur, Madame” on its train ticket purchase forms. Poland is now being urged to recognise same-sex marriage, and since March 12, Bulgaria has been required to recognise the identity of one of its citizens who began hormone therapy in Italy, even though the Bulgarian Constitutional Court only recognises biological sex. On what legal basis? The Court considers that any administrative obstacle to gender identity is an infringement of the free movement of persons, European citizenship, and the Charter of Fundamental Rights, obstacles that shall prevail over national constitutions.
That the Court oversteps its authority and acts as a legislator is nothing new; it has been its hallmark since its establishment. The technique is well-honed: A dubious connection to European law that shifts entire swathes of national competence into its hands, “creative” legal reasoning, an exorbitant primacy of European law, and a teleological interpretation favouring European integration. What is more recent, however, is its staunch ideological activism, which seeks to impose the most extreme aspects of the woke delusion. In particular, gender identity, this grotesque stupidity that denies the most obvious biology and embarrasses globalist elites with the simplest question: What is a woman? The Court, for its part, seems hardly bothered to answer that feelings prevail over reality and that Member states have an obligation to abide to that view in the name of European values.
The Court has chosen its side but will not halt its long march toward a radically progressive Union out of obligation. On the contrary, it is about to launch the final assault in the mother of all Human Rights battles for the defence of human rights, according to the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA), an organisation lavishly subsidised by the European Commission and a spearhead of gender ideology in Europe. Namely: The infringement brought by Brussels against Hungary regarding its law on the protection of minors, which prohibits the exposure to pornography, precludes the promotion of homosexuality and gender ideology to minors. This is an area in which the Union has not a shred of competence, but which has nonetheless sparked outrage across Europe. Upon its promulgation in June 2021, von der Leyen called it a “shame“, launched an infringement ipso facto, and confiscated hundreds of millions of euros without even waiting for the Court’s ruling. Furthermore, 16 Member states (all of Western Europe and Slovenia), an unprecedented number, supported the Commission against Hungary. A veritable woke East/West divide within the Union.
This case will indeed be a landmark, because behind its ideological weight lies a crucial legal development concocted by the Commission and the Court in two stages: First, granting legal effect to Article 2 of the EU Treaty, which enshrines the Union’s values; second, making the Court of Justice of the European Union the guarantor of these values and transforming it into a second European Court of Human Rights. It would thus become the guardian of European values, exceeding the powers granted to the EU, and exponentially increasing its authority. In a nutshell, a hold up of competences, a legal coup d’état already announced in the conclusions of Advocate General Capeta in June 2025, and which Brussels and its allies are awaiting with…patience.
Yes, with patience, because it should have been published a long time ago, but it has been carefully postponed until after the Hungarian elections next April. On average, the time between the hearing and the ruling is 200 days, and in this case, the hearing took place on November 19, 2024, more than 450 days ago. A wise decision by the Court? To serve its political agenda, without a doubt. This ruling would have an impact on the election campaign in a country where the vas majority of the voters hold very clear ideas about biology and the protection of children against toxic ideologies that, in many cases, lead to the irreversible mutilation of vulnerable adolescents. A ruling that would have embarrassed the candidate wholeheartedly supported by the EU had he been forced to take a position. A pitfall that the noble, wise, and objective Court of Justice of the European Union will spare him in the name of an ever-closer Union. And woke, by necessity.
Hungarian elections: The EU’s dangerous wishful thinking