Rainbow Index 19.76 %,
from the ILGA-Europe Rainbow Map,
which rates the legal and policy situation for LGBTQ+ people in each country.
Legal status
The history of LGBT rights in Bulgaria is distinct from Western Europe. It features a surprisingly early decriminalization during the Communist era, followed by a period of stagnation and, most recently, a mix of EU-mandated protections clashing with significant legal and social backlash.
Here is the historical overview of the legalisation of homosexuality and gay rights in Bulgaria.
Phase I: Ottoman Rule & Independence (1858–1944)
Bulgaria’s early legal history fluctuated between the liberal codes of the Ottoman Empire and the conservative laws of the newly independent Christian state.
1858: As part of the Ottoman Empire, Bulgaria adopts the Ottoman Penal Code, which decriminalizes homosexuality.
1878: Bulgaria gains independence.
1896: The new Bulgarian Penal Code is enacted, recriminalizing male homosexuality. It sets a minimum prison sentence of six months.
1951: Under the new Communist regime, the Penal Code is revised, but the prohibition remains. The penalty is increased to up to three years in prison.
Phase II: The Communist Era & Decriminalization (1944–1989)
Bulgaria stands out in the Eastern Bloc for decriminalizing homosexuality relatively early, decades before many Western democracies. However, this was not done for "human rights" reasons but rather because the state viewed it as a medical/social issue rather than a criminal one.
1964: A famous "show trial" is held involving 26 men, including the beloved comic actor Georgi Partsalev. The trial was intended to shame "bourgeois decadence," but the public reaction was largely sympathetic to the popular actor, which reportedly embarrassed the regime.
1968: Decriminalization. A new Penal Code is adopted on May 1, 1968. Adult homosexual acts are no longer a crime.
However, the law retains a discriminatory structure:
Article 157 sets the age of consent for homosexual acts at 18 (while it was 14 for heterosexuals).
It remains illegal to "flaunt" homosexuality in public.
Phase III: Democratic Transition & EU Accession (1990–2007)
Following the fall of Communism, Bulgaria moved to align its laws with European standards to join the EU. This period saw the removal of discriminatory statutes and the introduction of formal protections.
1991: A new Constitution is adopted. Article 46 explicitly defines marriage as a "voluntary union between a man and a woman," effectively creating a constitutional ban on same-sex marriage that remains today.
2002: Age of Consent Equalized. To meet Council of Europe standards, the Penal Code is amended. The age of consent becomes 14 for everyone, regardless of sexual orientation.
2004: The Protection Against Discrimination Act is passed. This is a comprehensive law mandated by the EU that bans discrimination based on "sexual orientation" in employment, housing, and education.
Phase IV: The Modern Era – Stagnation & Backlash (2008–Present)
Since joining the EU in 2007, Bulgaria has seen a polarized struggle. While European courts have pushed for rights (especially regarding cross-border recognition), domestic politics have turned increasingly hostile, particularly regarding transgender rights and education.
2018: The Constitutional Court rules that the Istanbul Convention (a treaty against domestic violence) is unconstitutional because its definition of "gender" contradicts the Bulgarian Constitution’s binary understanding of sex. This ruling froze progress on trans rights.
2021 (The "Baby Sara" Case): The Court of Justice of the European Union rules against Bulgaria in a landmark case. Bulgaria had refused to issue a birth certificate to the child of a same-sex couple (married in Spain) because the child had two mothers. The EU court ruled Bulgaria must recognize the child's lineage for freedom of movement purposes, though Bulgaria has been slow to implement this.
2023 (February): Ban on Legal Gender Change. The Supreme Court of Cassation issues a binding interpretive ruling stating that "sex" in the Constitution is strictly biological. This makes it impossible for transgender people to change their legal gender markers on documents, reversing years of judicial practice where this was allowed on a case-by-case basis. The ruling held for three years and was overturned in July 2026, see Phase V below.
2023 (July): Hate Crime Protection. In a positive step, the Penal Code is amended to include sexual orientation as a protected ground for hate crimes, meaning heavier penalties for homophobic violence.
2024 (August): "Anti-Propaganda" Law. Parliament passes an amendment to the Education Act banning the "promotion" or "incitement" of "non-traditional sexual orientation" in schools. This law mirrors similar legislation in Hungary and Russia.
Phase V: The Gender Recognition Ban Falls (2026)
What undid the 2023 block came from Luxembourg rather than from Sofia, and it came through a case that had already been running for years.
2026 (12 March): The Court of Justice of the European Union gives judgment in Case C-43/24, known as Shipova. The applicant is a Bulgarian citizen living in Italy whose request to have her civil status data amended had been refused, on the reasoning that the public interest, resting on the moral and religious values of Bulgarian society, outweighed her own. The Court holds that legislation of a member state which does not permit the amendment of the gender data of one of its nationals who has exercised the right to move and reside freely in another member state is contrary to EU law. The judgment binds every member state, not only Bulgaria.
2026 (July): The Supreme Court of Cassation allows four trans applicants to change the sex, the name and the personal identification number in their civil status documents, the first such decisions since 2020. Different panels of the civil chamber decide them, applying Shipova, the EU Charter of Fundamental Rights and Article 8 of the European Convention on Human Rights, and holding that the right to determine one's own gender identity cannot be called into question. Surgery may no longer be required. A requirement of hormone treatment was kept, alongside a medical diagnosis and evidence of a settled intention to live in the gender claimed; ILGA-Europe, TGEU, Bilitis and Deystvie say in a joint statement of 1 September 2026 that the hormone condition falls short of European human rights standards.
What has not happened is a law. The rulings settle four cases and give the lower courts a precedent to follow, but Bulgaria still has no statutory procedure, so the next applicant goes to a court rather than to a registry office and pays for it in time and legal fees. The four organisations have asked the government to write one, with civil society involved.
