Recognition of same-sex unions in Bulgaria

Bulgaria does not recognize same-sex marriage or civil unions. Though these issues have been discussed frequently over the past few years, no law on the matter has passed the National Assembly. In September 2023, the European Court of Human Rights ordered the government to establish a legal framework recognizing same-sex unions.

The Constitution of Bulgaria defines marriage as "a union between a man and a woman", effectively prohibiting the legalization of same-sex marriage.^[1] Only civil marriages are recognised by law in Bulgaria.^[2]

Registered partnerships

Background

In 2008 and 2009, there were many debates on several national TV stations on the subject of registered partnerships, with the participation of politicians, religious leaders, gay activists and others.^[3][4] The government had suggested that the National Assembly vote in favor of the new Family Code, which was supposed to include registered partnerships (Bulgarian: регистрирано партньорство,^[5] registrírano partnjórstvo, pronounced [rɛɡiˈstrirɐno ˈpartnjorstvo])^[a] providing some of the rights and benefits of marriage.^[2] These partnerships would not have been open to same-sex couples; however, on July 16, 2008, the Commission for Protection against Discrimination in Bulgaria suggested that the right to registered partnerships be extended to same-sex couples as well.^[6] The Catholic Church subsequently announced its opposition to recognising registered partnerships, stating that legally recognising partnerships for both different-sex and same-sex couples would "weaken" and "jeopardise" the institution of marriage. Some opponents further stated that the Family Code would legalise incest and polygamy, despite the draft code explicitly prohibiting both.^[2] On June 12, 2009, the new Family Code was passed without provisions recognizing registered partnerships for either same-sex or opposite-sex couples.

The issue of whether the Family Code should recognise registered partnerships and provide cohabiting couples with several rights available to married couples, including the right to adopt and provide consent for medical treatment, resurfaced in 2012. Opponents claimed that legalising registered partnerships would "weaken" the institution of marriage and "confuse" children, while supporters argued that it would protect couples who choose not to marry as well as their children. According to the National Statistical Institute, about 59% of Bulgarian children were born to unmarried parents in 2012.

Koilova and Babulkova and aftermath

On 5 September 2023, the European Court of Human Rights (ECHR) ruled in Koilova and Babulkova v. Bulgaria that the government had unfairly discriminated against a same-sex couple, Darina Koilova and Lilia Babulkova, Bulgarian nationals who had legally married in the United Kingdom in November 2016, for refusing to recognise their marriage. The couple had filed a lawsuit in Lyulin, Sofia in 2017 to have their marriage recognised in Bulgaria.^[7] The Sofia Administrative Court rejected their case in January 2018.^[8] However, a group of lawyers representing the couple appealed that decision.^[9] The Supreme Administrative Court of Bulgaria upheld the lower court's decision in December 2019. The couple issued the following statement after the court ruling, "The law's job is to regulate realities in a society. Our family is such a reality, and I regret that the Supreme Court in our country did not have the courage to admit this fact. Not recognizing our marriage does not have the power to break the bond between us. But it has the power to make our lives much more difficult. It is a pity when your own country creates difficulties and makes you feel small and insignificant, and I am sure that in this respect, many people know how we feel. Now, however, holidays are coming and we just want to wish everyone to enjoy them with their loved ones, with warmth and affection, as we will do."^[10]

The case was appealed to the ECHR in 2020, which held oral arguments on 4 July 2023. The court issued its decision on 5 September, overturning the previous court rulings and concluding that the government had violated Article 8 of the European Convention on Human Rights, which protects the right to private and family life.^[11] The court ordered the government to establish a legal framework recognising same-sex unions.^[12][13][14] However, the court also emphasised existing case law in Schalk and Kopf v. Austria that there is no positive obligation under the Convention to recognise same-sex marriage.^[15] Human Rights Watch issued a statement following the decision, urging the government to "swiftly implement the court's judgment".^[16] The Grand Chamber of the European Court of Human Rights had already ruled in January 2023 in Fedotova and Others v. Russia that Article 8 places a positive obligation on all member states of the Council of Europe to recognize same-sex partnerships.^[17]

Same-sex marriage

Laws regarding same-sex partnerships in Europe¹

  Marriage

  Civil union

  Limited domestic recognition (cohabitation)

  Limited foreign recognition (residency rights)

  Unrecognized

  Constitution limits marriage to opposite-sex couples

¹ May include recent laws or court decisions that have not yet entered into effect.

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Background

The Constitution of Bulgaria explicitly prohibits the recognition of same-sex marriage. Article 46 states: "Matrimony shall be a free union between a man and a woman. Only a civil marriage shall be legal."^[18] The only way to legalise same-sex marriage in Bulgaria is to amend the Constitution, which requires a two-thirds majority in the National Assenbly on three occasions.^[19]

2018 European Court of Justice ruling

Main article: Coman and Others v General Inspectorate for Immigration and Ministry of the Interior

On June 5, 2018, the European Court of Justice ruled that European Union (EU) member states must recognise the freedom of movement and residency rights of same-sex spouses, provided one partner is an EU citizen.^[20][21][22] The court ruled that EU member states may choose whether or not to allow same-sex marriage, but they cannot obstruct the freedom of residence of an EU citizen and their spouse. In addition, the court ruled that the term "spouse" is gender-neutral and does not necessarily imply a person of the opposite sex.^[23][24]

Citing the ruling, a Sofia court granted a same-sex couple a right of residency in Bulgaria on 29 June 2018. The couple, an Australian woman and her French spouse who had married in France in 2016, were denied residency in Bulgaria in 2017 when they attempted to renew their residency status, which had previously been granted under an EU mobility directive.^[25] In January 2019, Bulgarian immigration officials appealed the decision.^[26] On 25 July 2019, the Supreme Administrative Court upheld the lower court's ruling.^[27][28] The couple's lawyer, Denitsa Lyubenova, said the move could be "an important first step toward the legalization of same-sex marriage in Bulgaria".^[29]

Public opinion

The 2015 Eurobarometer found that 17% of Bulgarians supported same-sex marriage. This was the lowest support in the European Union, and only a 2% change from the 2006 Eurobarometer, when 15% of Bulgarians expressed support for same-sex marriage.^[30] The 2019 Eurobarometer found that 16% of Bulgarians thought same-sex marriage should be allowed throughout Europe, while 74% were against.^[31]

A GLOBSEC survey conducted in March 2023 showed that 21% of Bulgarians supported same-sex marriage, while 69% were opposed.^[32] The 2023 Eurobarometer found that 17% of respondents thought same-sex marriage should be allowed throughout Europe, while 75% were opposed. The survey also found that 21% of Bulgarians thought that "there is nothing wrong in a sexual relationship between two persons of the same sex", while 72% disagreed. This was the lowest level of support for same-sex marriage in the European Union.^[33]

See also

• LGBT rights in Bulgaria
• Common-law marriage
• Recognition of same-sex unions in Europe

Notes

1. Turkish: medeni birliktelik, pronounced [medeˈni biɾlicteˈlic]; Romani: registrovano partnerskap

References

1. Bulgaria - Constitution
2. NATIONAL REPORT: BULGARIA
3. "MEPs Ask Bulgaria to Grant Legal Recognition to Gay Couples". UKGayNews. Brussels. 13 November 2007.
4. "Euro MPs have called on the Bulgarian government (sic) to extend civil partnerships to gay and lesbian couples". Archived from the original on 2009-02-12.
5. "Съжителство на лица с различно гражданство, включително еднополови двойки (брак, гражданско или регистрирано партньорство, раздяла, развод, права във връзка с придобитото през брака имущество, права за съжителство)". egov.bg (in Bulgarian). Retrieved 4 April 2024.
6. "Controversy as Bulgarian Parliament debates new Family Code".
7. Woman sues Bulgarian authorities for recognition of same-sex marriage The Sofia Globe, 5 December 2017
8. "The Court did not Recognize a Marriage Between Bulgarian Women in the UK". novinite.com. 12 January 2018.
9. "Права за еднополовите партньори и техните семейства". deystvie (in Bulgarian).
10. "The Supreme Administrative Court refused to recognize same-sex marriage". Deyatvie. 11 December 2019.
11. "Koilova and Babulkova v. Bulgaria". European Court of Human Rights (in French). 5 September 2023.
12. "European Court pressures Bulgaria to recognise gay relationships". CNE.news. 11 September 2023.
13. Chudy, Emily (8 September 2023). "Bulgaria ordered to recognise same-sex partnerships in historic ruling". PinkNews.
14. "Same-sex couple wins European court ruling against Bulgaria". The Times of Malta. 5 September 2023.
15. Nugraha, Ignatius Yordan (7 November 2023). "Consolidating the Legal Recognition and Protection of Same-Sex Couples: Koilova and Babulkova v. Bulgaria". Strasbourg Observes.
16. Knight, Kyle (8 September 2023). "Court Rules Bulgaria Must Recognize Same-Sex Relationships". Human Rights Watch.
17. "ECtHR: refusal of any form of legal recognition and protection for same-sex couples breaches Convention". EU Law Live. 17 January 2023.
18. "Constitution of Bulgaria". Parliament of Bulgaria. Retrieved 8 October 2022.
19. III - Changes to Constitutional Law
20. EU states must recognize foreign same-sex marriages: court, Reuters, June 5, 2018
21. Rights for same-sex married couples to move around the EU confirmed in landmark ruling, Yahoo News, June 6, 2018
22. Alina Tryfonidou (June 7, 2018). "Rights for same-sex married couples to move around the EU confirmed in landmark ruling". The Conversation.
23. "Same-sex spouses have equal residency rights". BBC News. June 6, 2018.
24. JUDGMENT OF THE COURT (Grand Chamber) 5 June 2018
25. Bulgarian Court Backs Same-sex Couple's EU Residence Rights, VOA News, 4 July 2018
26. "NEWSLETTER No. 11 - JANUARY 2019". Network of European LGBTIQ* Families Associations. 11 January 2019.
27. "Bulgaria Court Recognizes Gay Marriage in Landmark Case". VOA News. 25 July 2019.
28. Smith, Reiss (25 July 2019). "Bulgaria court recognises same-sex marriage in landmark ruling". PinkNews.
29. "Мариама Диало за еднополовите бракове: България трябва да промени конституцията си". btvnovinite.bg (in Bulgarian). 29 July 2019.
30. "DISCRIMINATION IN THE EU IN 2015" (PDF). Archived from the original (PDF) on 2016-01-22. Retrieved 2017-12-28.
31. "Eurobarometer on Discrimination 2019: The social acceptance of LGBTI people in the EU". TNS. European Commission. p. 2. Retrieved 23 September 2019.
32. "GLOBSEC Trends 2023" (PDF). GLOBSEC. 2023. p. 75.
33. "Eurobarometer 2023: Discrimination in the European Union". europa.eu. Retrieved 1 January 2024.