Bulgaria

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 effectively 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.

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.

Exercise significant caution in Bulgaria. Sofia has a small underground LGBTQ scene. Sofia Pride faces opposition annually. Public displays of affection should be avoided. Rural areas are particularly unwelcoming.

Bilitis Foundation
Website: www.bilitis.org

Sofia Pride
Website: www.sofiapride.org