LGBT rights in Bulgaria

Since 1991, Article 46 of the Bulgarian Constitution has defined marriage as a union between a man and a woman, therefore banning same-sex marriage.[5]

In 2012, on the question if same-sex couples will soon have further rights like the right to marry or adopt children, Prime Minister Boyko Borisov said: "for something [like this] to happen, society needs to become ready for it."[6] There have been several debates on whether to recognise civil unions or registered partnerships, which would grant same-sex couples some of the rights and benefits of marriage, including the right to inherit, to make medical decisions, to own property together; all of which are currently denied to same-sex couples.

In 2017, a Bulgarian same-sex couple, who married in the United Kingdom, filed a lawsuit in order to have their marriage recognised.[7] The Sofia Administrative Court rejected their case in January 2018.[8] However, lawyers from the Bulgarian LGBT organisation Deystvie (Действие) appealed against this decision. Deystvie has begun public collecting signatures in favor of their appeal.[9]

Citing Coman and Others v General Inspectorate for Immigration and Ministry of the Interior, a case originating from Romania in which the European Court of Justice ruled that same-sex couples must be granted full residency rights in all EU countries, 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 wife, had married in France in 2016, but were denied residency in Bulgaria a year later when they attempted to move there.[10]

Same-sex couples are banned from adopting in Bulgaria. However, single individuals regardless of sexual orientation are allowed to adopt, though requests from single men are rarely accepted. Lesbian couples do not have access to IVF and artificial insemination, as it is only available to married opposite-sex couples. Nevertheless, since 2004, single lesbian women have had access to IVF.[11]

Since 1 January 2004, the Protection Against Discrimination Act of 2003 (Bulgarian: Закон за защита от дискриминация) has prohibited discrimination and hate speech on the basis of sexual orientation in all areas (employment, the provision of goods and services, education, military service, health services, etc.).[12] Under the law, sexual orientation is defined as "heterosexual, homosexual or bisexual orientation".

In 2015, the National Assembly amended the definition of "sex" in the law to include cases of gender change.[13] Transgender people who have not undergone a legal gender change could use "gender" from the list of protected grounds. Gender expression and gender identity are not explicitly mentioned in the revised Act.[14]

The Bulgarian Personal Documents Act (Bulgarian: Закон за българските лични документи), which came into effect on 1 April 1999, was the first law in Bulgaria regulating sex changes.[11] There is no official data on the number of Bulgarians who have legally changed their gender. When a person undergoes sex reassignment surgery, they can change their passport, driver's license, personal identity document, birth certificate and uniform civil number to match their new sex. One cannot undergo sex reassignment surgery unless going to court and receiving a positive court decision. Other requirements include being at least 18 years of age and undergoing sterilization.[20] Furthermore, such procedures are not covered by the state, and thus can be very costly.[21] Without undergoing sex reassignment surgery, a person cannot change their legal gender in any official document. In 2016, however, three transgender women were allowed to change gender without undergoing surgery.[22]

A 2015 Eurobarometer survey found that only 29% of Bulgarians agreed with the statement that transgender people should be able to change their civil documents in order to match their inner gender identity.[23]

After the Constitutional Court's verdict on the Istanbul Convention, in which the court condemned attempts to introduce legislation for legal gender recognition, a transgender woman's application to change gender was rejected by a regional court.[24]

Intersex persons in Bulgaria are even more marginalized and invisible in society than the transgender community. There is no data of the number of intersex babies born in the country.[25] The standard procedure in a case of an intersex child birth is the removal of the male genitalia due to the fact that it is an easier operation than the one removing the female genitalia. The parents are rarely informed of the damages this could later cause to the child's gender identity.[25] There are no laws concerning intersex people.

Bulgaria's Protection Against Discrimination Act of 2003 protects individuals from discrimination on the grounds of sexual orientation in relation to recruitment to the military.[26]

Gay and bisexual men are not explicitly banned from donating blood in Bulgaria, but many medical professionals, especially outside of Sofia, will not allow them to if informed about their sexual orientation. However, the blood donor application form, required prior to any blood donation, does not ask the applicant to disclose that information, rather requires them to confirm that they did not partake in practices (sexual included) that increase the risk of HIV or other STIs. The consent form is detailed in an ordinance issued by Bulgaria's Ministry of Healthcare on 19 July 2004.[27]

A 2002 Pew Global Attitudes Project survey recorded that 63% of Bulgarians were "openly homophobic" and against LGBT people, and the 2007 Pew Global Attitudes Project survey recorded that acceptance of the LGBT community had risen to 39%.[28]

A 2006 European Union poll showed that 15% of Bulgarians supported same-sex marriage, with 65% opposed to it.[29][30] In 2015, those numbers remained almost the same, with 17% supporting same-sex marriage and 68% being opposed.[31]

According to a survey in 2007 by Skala, a sociological agency, 42.4% of Bulgarians would not like having a homosexual friend or colleague. 46% answered that it would be unacceptable if their own child was gay or lesbian.[32] A Eurobarometer survey from 2015 showed that only 9% of Bulgarian parents would accept their child being in a same-sex relationship.[33]

According to a 2008 survey, conducted in 15 schools throughout Sofia, Varna and Plovdiv, 10.5% of students identified as bisexual, whereas 1.8% identified as gay and 87.7% as straight. Of these students, 15% said they wouldn't want a gay friend and 29% said they would categorically refuse to sit next to a gay classmate. 5% said they would bully gay classmates, while 39% said they would protect them from bullying.[34]

A survey from 2012 showed the number of people who wouldn't like having a homosexual colleague had dropped to 38%. The survey also showed that Bulgarians were more tolerant toward lesbians than gay men. 26% of the respondents wouldn't hire a lesbian.[35]

A Pew Research Center published in May 2017 suggested that 18% of Bulgarians were in favor of same-sex marriage, while 79% opposed it. Support was higher among Orthodox Christians (19%) and 18–34 year olds (26%), in contrast to Muslims (12%) and people aged 35 and over (15%).[36]

Most of gay life in Bulgaria is primarily set in Sofia. There are gay establishments in Plovdiv, Varna and Blagoevgrad. Outside of the big cities, the subject is a taboo and rarely welcomed or admitted to be relevant or real. As this is still a highly controversial subject in Bulgaria, accurate data cannot be obtained due to the unwillingness of some or most persons who identify as LGBT to freely affirm themselves as such out of fear of public persecution, scrutiny or harassment.

In December 2018, billboards promoting tolerance towards same-sex couples, put up in various Bulgarian cities such as Varna and Bourgas, were vandalised.[37][38]

Pride parades

Sofia Pride in 2019

The only pride parade to take place so far in Bulgaria is Sofia Pride. The first parade took place in 2008 and drew about 150 participants, who were attacked with petrol bombs, rocks and glass bottles. More than 60 hooligans were arrested.[39] The pride parades in the following years went on peacefully and started drawing more participants as well as the support of political parties, local businesses and embassies. In 2017, the parade was attended by more than 3,000 participants and was supported by 18 diplomatic missions. The pride week also included a film program and an art festival.[40] In 2019, around 6,000 attendees marched in the gay pride parade. It was supported by 25 diplomats and representatives of international organizations and foundations.[41][42]

The Bulgarian Orthodox Church strongly opposes freedom of assembly for LGBT people and any form of manifestation like pride parades, calling them a "sinful demonstration" and the "sin of sodomy".[43] Before the 2012 Sofia Pride, a priest from Sliven, said in a newspaper interview that "gays should be beaten with stones".[44] National Resistance, a far-right group, has advocated using brooms and shovels to attack people at pride parades.[45]

Parties such as the Bulgarian Socialist Party, the Greens, Bulgarian Left and DSB have supported the parade organizers' right to hold the pride parade. However, in 2014, only the Greens and Bulgarian Left sent statements of support to the parade.[46][47] Georgi Kadiev, the former Bulgarian Socialist Party mayoral candidate for Sofia, participated in support of the pride parade in 2011.[48] Some parties, such as the far-right nationalist Ataka party, strongly oppose the pride parades, protesting against them, as well as homosexuality more broadly.[47][49]

• Human rights in Bulgaria
• LGBT rights in Europe
• LGBT rights in the European Union

Wikimedia Commons has media related to LGBT in Bulgaria.

• Official website of Deystvie
• Official website of the Bilitis Foundation