Recognition of same-sex unions in Bulgaria

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."[7] 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.[8]

In 2017, a same-sex couple from Lyulin, Sofia, Lily Babulkova and Darina Koilova, filed a lawsuit to have their marriage performed in the United Kingdom recognised in Bulgaria.[9] The Sofia Administrative Court rejected their case in January 2018.[10] However, a group of lawyers representing the couple appealed that decision.[11] 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."[12]

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.[13][14][15] 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 that it does not necessarily imply a person of the opposite sex.[16][17]

Citing the ruling, a Sofia court granted a same-sex couple the right to live 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.[18] In January 2019, Bulgarian immigration officials appealed the decision.[19] On 25 July 2019, the Supreme Administrative Court upheld the lower court's ruling.[20][21] The couple's lawyer, Denitsa Lyubenova, said the move could be an important first step toward the legalization of same-sex marriage in Bulgaria.[22]