A lawyer from the Asnah LGBT Youth Organisation Daniel “action” has taken the case to a Bulgarian woman who struggles with the Bulgarian authorities for recognition of her marriage contract concluded with another woman in the UK.
The 15.11.2016 g. D.K. conclude civil marriage with Lily Dahlman. A few months later she filed a request at the metropolitan municipality, district of Lyulin, which wants the marriage to be reflected in her personal registration record and reflect its current marital status, namely “married”. The institution refused, giving reasons with the same sex of D. K and her wife.
The hearing in the case brought by D. K. against Sofia Municipality, will be held on December 7.
In court, attorney Daniel will invoke the Code of private international law (IPLC), which governs marriage, concluded between the Bulgarian citizens in a foreign country. The code outlines the rationale for international competence of the authorities of a foreign State. “If these requirements are met, such jurisdiction shall be established and the marriage must be recognized in our country,” said the lawyer.
According to Daniel, the non-recognition of the marriage of the two women could lead to a legal absurd and even polygamy crimes: one of the persons, tax fraud, false declarations, etc.
Another essential element in the complaint is a charge of discrimination on sexual orientation sign. The European Court of human rights (ECHR) has already been held that the treatment of same-sex couples differently due to their legal inability to conclude a marriage requires an objective and reasonable justification.
Although the ECHR still does not oblige Member States to provide equal access to civil marriage to same-sex couples, to limit the number of rights and benefits because of their sexual orientation is “at least indirect discrimination,” said Daniels. “In any case, Member States may not restrict the rights of its citizens, despite the limitations in national legislation relating to the right of marriage to couples of the same sex.”