Recognition of same-sex unions in Bulgaria

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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.

Contents

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 [rɛɡiˈstrirɐnoˈpartnjorstvo] ) [lower-alpha 1] 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 .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} 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. v t e Same-sex marriage map Europe detailed.svg
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.

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

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

Notes

  1. ↑ Turkish: medeni birliktelik, pronounced [medeˈnibiɾlicteˈlic] ; Romani: registrovano partnerskap

Related Research Articles

Same-sex marriage has been legal in the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage. Polling suggests that a significant majority of Dutch people support the legal recognition of same-sex marriage.

Romania does not allow same-sex marriage or civil unions. Registered partnerships have been debated in the Parliament of Romania several times since 2008, though no bill on the matter has successfully passed. In May 2023, the European Court of Human Rights ruled that Romania was violating the European Convention on Human Rights by not recognizing same-sex unions. The government appealed the decision to the Grand Chamber in August 2023, but this appeal was rejected on 25 September 2023. Romania is now legally obliged to recognize same-sex unions, and may risk financial sanctions from the Council of Europe if it fails to change the law.

<span class="mw-page-title-main">Recognition of same-sex unions in Poland</span>

Poland does not legally recognize same-sex unions, either in the form of marriage or civil unions. In 2012, the Supreme Court ruled that same-sex couples have limited legal rights in regards to the tenancy of a shared household. A few laws also guarantee certain limited rights for unmarried couples, including couples of the same sex. Same-sex spouses also have access to residency rights under EU law.

Italy has recognised same-sex civil unions since 5 June 2016, providing same-sex couples with most of the legal protections, benefits and rights of marriage. A bill to this effect was approved by the Senate on 25 February 2016 and the Chamber of Deputies on 11 May. It was signed into law by President Sergio Mattarella on 20 May, published in the Gazzetta Ufficiale the next day and took effect on 5 June 2016. The law does not grant same-sex couples joint adoption rights or access to in vitro fertilisation. Before this, several regions had supported a national law on civil unions and some municipalities passed laws providing for civil unions, though the rights conferred by these civil unions varied from place to place.

<span class="mw-page-title-main">LGBT rights in Hungary</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hungary face legal and social challenges not experienced by non-LGBT residents. Homosexuality is legal in Hungary for both men and women. Discrimination on the basis of sexual orientation and sex is banned in the country. However, households headed by same-sex couples are not eligible for all of the same legal rights available to heterosexual married couples. Registered partnership for same-sex couples was legalised in 2009, but same-sex marriage remains banned. The Hungarian government has passed legislation that restricts the civil rights of LGBT Hungarians – such as ending legal recognition of transgender Hungarians and banning LGBT content and displays for minors. This trend continues under the Fidesz government of Viktor Orbán. In June 2021, Hungary passed an anti-LGBT law on banning "homosexual and transexual propaganda" effective since 1 July. The law has been condemned by seventeen member states of the European Union. In July 2020, the European Commission started legal action against Hungary and Poland for violations of fundamental rights of LGBTQI people, stating: "Europe will never allow parts of our society to be stigmatized."

<span class="mw-page-title-main">LGBTQ rights in Bulgaria</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Bulgaria face significant challenges not experienced by non-LGBT residents. Both male and female same-sex relationships are legal in Bulgaria, but same-sex couples and households headed by same-sex couples are not eligible for the same legal protections available to opposite-sex couples. Discrimination on the basis of sexual orientation has been banned since 2004, with discrimination based on "gender change" being outlawed since 2015. In July 2019, a Bulgarian court recognized a same-sex marriage performed in France in a landmark ruling. For 2020, Bulgaria was ranked 37 of 49 European countries for LGBT rights protection by ILGA-Europe. Like most countries in Central and Eastern Europe, post-Communist Bulgaria holds socially conservative attitudes when it comes to such matters as homosexuality and transgender people.

Latvia has recognised civil unions since 1 July 2024. On 9 November 2023, the Saeima passed legislation establishing same-sex civil unions conferring similar rights and obligations as marriage with the exception of adoption and inheritance rights. The bill was signed into law by President Edgars Rinkēvičs in January 2024, and took effect on 1 July 2024. This followed a ruling from the Constitutional Court of Latvia on 12 November 2020 that the Latvian Constitution entitles same-sex couples to receive the same benefits and protections afforded by Latvian law to married opposite-sex couples, and gave the Saeima until 1 June 2022 to enact a law protecting same-sex couples. In December 2021, the Supreme Court ruled that should the Saeima fail to pass civil union legislation before the 1 June 2022 deadline, same-sex couples may apply to a court to have their relationship recognized. The Saeima failed to meet this deadline, and the first same-sex union was recognized by the Administrative District Court on 30 May 2022.

Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.

<span class="mw-page-title-main">LGBT rights in Latvia</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) rights in Latvia have expanded substantially in recent years, although LGBT people still face various challenges not experienced by non-LGBT residents. Both male and female types of same-sex sexual activity are legal in Latvia, but households headed by same-sex couples are ineligible for the same legal protections available to opposite-sex couples. Since May 2022, same-sex couples have been recognized as "family" by the Administrative District Court, which gives them some of the legal protections available to married (opposite-sex) couples; as of 2023 November, around 40 couples have been registered via this procedure. In November 2023 registered partnerships were codified into law. These partnerships are available to both same and different sex couples - since July 1, 2024 the implemented registered partnership law has the similar rights and obligations as married couples - with the exception of the title of marriage, and adoption or inheritance rights.

<span class="mw-page-title-main">LGBT rights in Lithuania</span>

Lesbian, gay, bisexual, and transgender (LGBT) rights in Lithuania have evolved rapidly over the years, although LGBT people still face some legal challenges not experienced by non-LGBT residents. Both male and female expressions of same-sex sexual activity are legal in Lithuania, but neither civil same-sex partnership nor same-sex marriages are available, meaning that there is no legal recognition of same-sex couples.

Hungary has recognized registered partnerships since 1 July 2009, offering same-sex couples nearly all the rights and benefits of marriage. Unregistered cohabitation for same-sex couples was recognised and placed on equal footing with the unregistered cohabitation of different-sex couples in 1996. However, same-sex marriage is prohibited by the 2011 Constitution of Hungary, which took effect in January 2012.

<span class="mw-page-title-main">Recognition of same-sex unions in Europe</span>

Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.

Slovakia does not recognise same-sex marriage or civil unions. However, there is some limited legal recognition for unregistered cohabiting same-sex couples, notably with regard to inheritance rights. The Constitution of Slovakia has limited marriage to opposite-sex couples since 2014, and bills to allow same-sex civil partnerships have been introduced several times, most recently in 2023, but all have been rejected.

Moldova does not recognize same-sex marriage or civil unions. The Constitution of Moldova defines marriage as being between "a husband and a wife".

South Korea does not recognize same-sex marriage or civil unions. On 21 February 2023, an appellate court ruled that government health insurance should offer spousal coverage to same-sex couples, the "first legal recognition of social benefits for same-sex couples" in South Korea. This was upheld by the Supreme Court of Korea on 19 July 2024.

<span class="mw-page-title-main">LGBT rights in the European Union</span>

LGBT rights in the European Union are protected under the European Union's (EU) treaties and law. Same-sex sexual activity is legal in all EU member states and discrimination in employment has been banned since 2000. However, EU states have different laws when it comes to any greater protection, same-sex civil union, same-sex marriage, and adoption by same-sex couples.

<span class="mw-page-title-main">Recognition of same-sex unions in Asia</span>

Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.

Coman and Others v Inspectoratul General pentru Imigrări and Ministerul Afacerilor Interne is a 2018 case of the European Court of Justice (ECJ) that affirmed residency rights in EU countries, to the spouse of an EU citizen who is exercising their right to freedom of movement and if the marriage was legally performed in an EU member state.

Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.

Same-sex marriage is currently not recognised in the Cayman Islands. The island's statutory law limits marriage to different-sex couples. A lawsuit with the Grand Court successfully challenged this ban in March 2019; however, the Court of Appeal overturned the ruling in November 2019. Same-sex civil partnerships are legal following the enactment of the Civil Partnership Law, 2020 on 4 September 2020.

References

  1. ↑ Bulgaria - Constitution
  2. 1 2 3 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.
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