The European Court of Human Rights (ECHR) said Bulgaria violated the rights of a same-sex couple by not recognizing their marriage abroad, a ruling LGBT rights activists said would help seal a legal vacuum in the country, which does not allow same-sex marriage and does not recognize same-sex couples married abroad.
Rights groups welcomed the ruling by the court in Strasbourg on September 5 as a "historic win" showing Bulgaria has an obligation to ensure a specific legal framework exists to allow same-sex couples adequate recognition and protections.
"It is clear to the Court that to date the Bulgarian authorities have taken no steps to have adequate legal regulations adopted with regard to the recognition of unions between persons of the same sex," the court wrote in its decision, noting the vote was unanimous among the seven presiding judges.
The ECHR's ruling does not oblige Bulgaria to legalize same-sex marriage but says the authorities must have legal framework ensuring that same-sex couples have protection.
Darina Koilova and Lili Babulkova, Bulgarian nationals married in 2016 in the United Kingdom, wanted their marital status to be recognized in Bulgaria, where they live now. The municipality of Sofia refused to acknowledge their status as "married" in the civil records, sparking the case in local courts, which ruled against them.
In 2020 Koilova and Babulkova filed a complaint against Bulgaria at the ECHR claiming the inability to obtain any form of legal recognition of their couple constitutes discrimination on the grounds of their sexual orientation.
The ECHR's ruling said Bulgaria violated Article 8 of the European Convention on Human Rights -- the right to respect for private and family life -- in the case of Koilova and Babulkova.
The decision also says the absence of any official recognition means same-sex couples in Bulgaria cannot regulate essential aspects of their life such as those related to property, inheritance, and protection from domestic violence.
"The decision is key and fundamental for the development of Bulgarian legislation in the field of equality and LGBTI rights," said Deystvie, an LGBT rights group in Bulgaria.
"Many couples in Bulgaria find themselves in a legal vacuum because on one side of the border they are husband and wife, and on the other side -- in the territory of the Republic of Bulgaria -- they have no legal relationship. The ECHR obliges the Bulgarian state to create a legal framework that allows same-sex couples to receive adequate recognition and protection of their relationship."
The ECHR's decision comes after the Supreme Administrative Court in March denied a Bulgarian birth certificate to the daughter of a same-sex couple married in Gibraltar. The ruling came even though the Court of Justice of the European Union said in 2021 that Bulgaria is obliged to issue an identity document to the child, known as "baby Sara."
Rights groups described that decision as "another blow" against the LGBT community in Bulgaria after earlier this year the Supreme Court of Cassation ruled that transgender people cannot legally change their gender.
The LGBT community in Bulgaria has long been targeted with hate speech and violence. In June, supporters of the pro-Russian Revival sabotaged a film screening part of the Sofia Pride Film Fest.
In a development welcomed by rights groups, parliament in July adopted tougher penalties for homophobic hate crimes.