Lesbian couple sue Bulgarian court in first ever fight for same-sex marriage recognition

SAN FRANCISCO, CA - DECEMBER 05: Same-sex marriage cake toppers are displayed on a shelf at Fantastico on December 5, 2017 in San Francisco, California. The U.S. Supreme Court is hearing a civil rights case over a Colorado baker's refusal to make a wedding cake for a same-sex couple. (Photo by Justin Sullivan/Getty Images)

A trailblazing lesbian couple in Bulgaria have become the first to fight a legal battle for the recognition of their same-sex marriage.

Lilia Babulkova and her wife, who goes by the initials DK, could set a court precedent in the battle for recognition by an EU court for their same-sex marriage to be officially recognised in the country.

After Bubulkova and DK married in the UK in 2017, they filed a request to their local government, Sofia Municipality, to change their marital status on their identification cards.

They were soon informed that they will be unable to do so as the Bulgarian Constitution prohibits same-sex marriages.

Now in a bid to have their marriage recognised in their home country, Bubulkova and DK are suing the Municipality.

“We do not want to provoke anyone, nor do we like it, we just want to have our place that is not swept under the carpet,” Babulkova told journalist Miroljuba Benatova on NovaTV.

The couple’s lawyer Denitsa Lyubenova, who is part of Bulgarian group Youth LGBT Action, hopes to persuade the court by referring to the Code of Private International Law (KMCP), which governs the marriage took place between Bulgarian citizens in a foreign country.

“If these requirements are met, such jurisdiction is established and the marriage in question must be recognized in Bulgaria,” said the couple’s lawyer, Attorney Denitsa Lyubenova from Youth LGBT Action to Bulgarian publication huge.bg.

Under EU law, Lyubenova hopes that the couple can have their marriage recognised on the basis of that legislation dictates that no-one can be discriminated against on the grounds of their sexual orientation.

“In no case can the Member States restrict the rights of their citizens, despite the limitations in national legislation relating to the right to marry same-sex couples,” she said to the publication.

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