Nepal registers first same-sex marriage. Where do other Asian countries stand?

Nepal has become the first nation in South Asia to formally register the first same-sex marriage case on Wednesday, five months after the Supreme Court legalised it. Trans-woman Maya Gurung, 35 and Surendra Pandey, 27, a gay, got legally married and their marriage was registered at Dordi Rural Municipality of Lamjung district in Western Nepal, according to Sanjib Gurung (Pinky), president of Blue Diamond Society, an organisation working for the rights and welfare of the sexual minorities in Nepal. Here are the countries in Asia that allow same-sex marriage. Nepal Nepal’s Supreme Court had allowed same-sex marriage back in 2007. Even the Constitution of Nepal, adopted in 2015, explicitly states that there can be no discrimination on the basis of sexual orientation. On 27 June 2023, the Supreme Court issued an interim order to legalise same-sex marriage in Nepal in a writ petition filed by multiple people, including Gurung, according to PTI. But despite the historic order to temporarily register same-sex marriage, Kathmandu District Court four months ago rejected the move citing a lack of necessary laws. Pandey and Gurung’s marriage application was rejected at that time. “It’s a great pleasure to learn about this, it is a great achievement for us, the third gender community of Nepal,” Pinky told PTI. “This is the first case not only in Nepal but also in the whole of South Asia, and we welcome the decision.” Married in the traditional manner with the approval of their families, Surendra, a resident of Nawalparasi district, and Maya, a resident of Lamjung district, have been living together as husband and wife for the past six years. “Now their marriage has been temporarily registered and after the formulation of necessary laws, it will get permanent recognition automatically.” Taiwan In 2019, Taiwan became the first nation in Asia to legalise same-sex marriages, a move that garnered international attention. [caption id=“attachment_13450312” align=“alignnone” width=“640”] Supporters of same-sex marriage take part in a rally at the Legislative Yuan in Taipei, Taiwan. Reuters[/caption] A decision by Taiwan’s Judicial Yuan, or Constitutional Court, served as a catalyst for this historic ruling. The court ruled that “both people’s freedom of marriage… and the people’s right to equality” were violated by the existing marriage legislation. It provided a two-year window for amendments to the law permitting same-sex unions, which were enthusiastically and optimistically welcomed. The ruling struck a chord not only in Taiwan but also globally, signifying a momentous stride towards the advancement of LGBTQ+ rights and social acceptance in an area where traditional beliefs frequently dominate. For the annual pride march, people travel to Taiwan from all across Asia. Where do other Asian countries stand? India India has also taken steps to support LGBTQ+ rights. While the decriminalisation of Section 377 of the Indian Penal Code was a major step forward, obtaining complete equality for LGBTQIA+ people will require much more work. Regarding LGBTQ+ rights, India faces several difficulties because of its varied sociocultural backdrop. But activists in the community aren’t giving up on changing things; they’re fighting for their basic right to marriage and all the perks that heterosexual couples frequently take for granted. India last month declined to legalise same-sex marriages, with the chief justice of the country deferring to parliamentary legislation to enact the proposal, according to Reuters. The unanimous order by a five-judge bench came as a huge disappointment to the community in the world’s most populous country, five years after the court scrapped a colonial-era ban on gay sex. [caption id=“attachment_13450292” align=“alignnone” width=“640”] Members of the lesbian, gay, bisexual and transgender community (LGBT community) watch the judgement on same-sex marriage by the Supreme Court on a screen at an office in Mumbai. Reuters[/caption] Japan As the only G7 nation that neither completely accept nor provide explicit legal protection for same-sex couples, Japan’s LGBTQ+ minority feels particularly vulnerable and almost invisible. Five rulings on same-sex marriage have been handed down in Japan over the past two years - two concluding the ban was unconstitutional, one saying it was not, and two, including June’s, upholding the ban but raising other rights concerns, as per Reuters. The news agency’s opinion polls show about 70 per cent of the public supports same-sex marriage but the conservative ruling party of Prime Minister Fumio Kishida opposes it. A recognition of the demands for change from younger, more vocal voices has led to some improvement. Partnership certificates are new in some towns, although they have no legal force. According to the BBC, a new law prohibits discrimination against sexual minorities, and a new government position has been established with a primary focus on LGBTQ+ rights. However, the community is dissatisfied because the law falls well short of establishing marriage equality and was faced with strong opposition from conservative MPs. China China does not recognise same-sex unions because it views marriage as a bond between a “man and woman.” Entering into a guardianship agreement, also known as a yiding jianhu, has allowed couples to enjoy some restricted legal benefits since October 2017, as per The Conversation. These benefits include the ability to make decisions regarding personal and medical care, death and funeral arrangements, property management, and the preservation of rights and interests. In 2020, there were multiple unsuccessful attempts to legalise same-sex marriage. The People’s Republic of China was established in 1949, and homosexuality has been outlawed or persecuted ever since. But in the early 1980s, China’s open door policies sparked social and cultural shifts that eventually led Beijing to decriminalise homosexuality in 1997 and take it off the official list of mental illnesses in 2001, according to NBC News. Hong Kong In October, a Hong Kong court dismissed a government bid to deny same-sex married couples’ inheritance rights, saying the refusal of such rights is “an unacceptably harsh burden”. The ruling by Hong Kong’s Court of Appeal is another small legal victory for campaigners for LGBT rights in the global financial hub this year, a trend that activists say could prompt other jurisdictions in Asia, like Singapore and Japan, to examine their positions on inclusion, according to Reuters. Hong Kong law does not allow same-sex marriage so some couples get married in places abroad where it is legal. Tuesday’s ruling came in response to a city government appeal in December against a 2020 court decision that same-sex married couples should enjoy equal rights under the city’s inheritance laws. Hong Kong’s top court in September ruled against same-sex marriage but gave the government two years to form a legal framework for recognising unions between same-sex couples. Thailand According to Al Jazeera, a law to redefine marriage as between any two “individuals” under the country’s Civil and Commercial Code was approved by the Thai cabinet last week. If approved by Parliament, Thailand will become the first nation in Southeast Asia and just the third nation in Asia overall, following Taiwan and Nepal, to allow same-sex unions. The administration is hoping to move swiftly and hold the first of three votes that the bill needs to win in order to become law by the end of next month. Each of the two previous administrations sponsored a law pertaining to same-sex unions or marriage. However, they were unable to exit the lower house prior to the dissolution of Parliament to allow for the holding of national elections, which meant that the process would always start over. Advocates for LGBTQ rights claim that this is Thailand’s greatest opportunity to enact the law to date. South Korea South Korea doesn’t recognise civil same-sex partnerships. According to the constitution, a couple must be married “on the basis of individual dignity and equality of the sexes.” This clause is typically interpreted as limiting marriage to partnerships between people of different sexes. As per The Guardian, religious groups have frequently resisted efforts to provide same-sex couples legal rights, arguing that doing so would “legalise homosexuality.” Anti-discrimination laws have been blocked with the same justification. Moreover, South Korea is on the verge of a demographic crisis due to its historically low birthrate. Redefining the definition of a family has so become more popular. Sri Lanka The Supreme Court of Sri Lanka approved a bill in May of this year that aimed to decriminalise homosexuality, reported CNN. Due to years of advocacy by LGBTQ+ rights campaigners in Sri Lanka, where homosexuality is still punished by a jail sentence and a fine, a private member’s bill was introduced in parliament last month. Vietnam Vietnam’s Health Ministry said in August 2022 that homosexuality is “not an illness” and directed medical professionals to cease treating it that way in order to avoid discriminatory medical treatment, as per Al Jazeera. Although it may seem like a little victory, its acknowledgment represents a major advancement in the Vietnamese context against the stigma and discrimination related to homosexuality. Singapore An anti-gay law from the colonial era was overturned in Singapore in November 2022, as per Reuters. Though celebrated as a historic achievement, the government also proposed changes to the constitution that would restrict marriage to heterosexual partners.