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“According to the Constitution, the term ‘sex’ should be understood only in its biological sense.” This was ruled by the Constitutional Court.
The decision was adopted by 11 votes. Judge Georgi Angelov signed it with a special opinion.
Judge Filip Dimitrov signed the decision with an opinion on the reasons.
The interpretation was requested by the Civil Chamber of the Supreme Court of Cassation several months ago. It, in turn, must come up with an interpretation of whether legal gender reassignment in transsexuality is possible in Bulgaria.
The Supreme Court of Cassation filed its case because of the cases of people who want to change their gender and legally, and the practice is contradictory.
Opinions on the case were sent by more than 20 institutions, including the SAC, the Supreme Bar Council, legal scholars, psychiatrists, psychologists and sociologists.
The term gender in our constitution is used in Art. 6.
The Constitutional Court has already ruled on the Istanbul Convention, and the interpretation is now in the same vein.
From now on, the SCC must resume its interpretative case. The problem arose after 2019, when there were conflicting decisions.
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