Bulgarian Court Rules Transgender Individuals Can Officially Change Gender and Name

Bulgaria's Supreme Court of Cassation has issued a landmark ruling, affirming the right of transgender individuals to officially change their gender and name in official documents. This decision marks a significant shift in the country's legal landscape regarding transgender rights.

The court determined that state authorities cannot refuse to update gender markers based solely on biological, moral, or religious grounds, nor can they cite a lack of detailed legal regulations. Such refusals, the court argued, constitute unequal treatment. This ruling comes after years of legal ambiguity and conflicting decisions within Bulgaria concerning gender identity.

Previously, Bulgaria's Constitutional Court had ruled in 2021 that the constitution's definition of "gender" referred only to biological sex. Subsequently, in 2023, the Supreme Court of Cassation declared that Bulgarian law did not permit transgender individuals to alter their gender, name, or personal identification number in official records.

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The right of a person to determine their identity, including gender identity, is part of the right to privacy and must be respected.

The situation evolved following a March ruling by the Court of Justice of the European Union. This EU court determined that EU law prevents national legislation that prohibits individuals who have exercised their right to free movement within the EU from changing their gender identity-related data in official documents. This EU directive has now paved the way for cases like this to be reconsidered in Bulgaria.

The Supreme Court of Cassation emphasized that the right to determine one's identity, including gender identity, is an integral part of the right to privacy and must be respected. The court also stressed that Bulgarian courts are obligated to apply EU law, which takes precedence over conflicting national interpretations. Consequently, Bulgaria must establish an effective and accessible procedure for transgender individuals to align their official documents with their gender identity.

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Bulgarian courts are obligated to apply EU law, which takes precedence over the interpretation of national law if it conflicts.