Recognition of same-sex unions in Asia

Source: Wikipedia, the free encyclopedia.

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.

Following a Constitutional Court ruling and a subsequent legislative act, Taiwan became the first country in Asia to legalize same-sex marriage nationwide on 24 May 2019.[1]

The Supreme Court Of India in a landmark decision on 16 August 2022 widened the definition of family under Indian law. This case has allowed for further recognition of live-in relationships of LGBT couples.[2]

In addition, Israel recognises same-sex marriages performed abroad, though not as full marriage, and same-sex marriages are legal in the UK sovereign base areas of Akrotiri and Dhekelia and the British Indian Ocean Territory.

Israel recognises unregistered cohabitation for same-sex couples.[3] Some cities in Cambodia provide same-sex couples with some limited rights and benefits, including hospital visitation rights.[4][5] Several prefectures in Japan issue partnership certificates for same-sex couples.[6][7][8] In Hong Kong, the same-sex partners of residents can receive spousal visas and spousal benefits.[9][10]

Current situation

National level

Status Country Legal since Country population
(Last Census count)
Marriage
(1 country) 		Taiwan Taiwan 2019 23,576,705
Subtotal — — 23,576,705
(0.6% of the Asian population)
Legislation partially recognised
(1 country) 		Nepal Nepal 2023 29,218,867
Subtotal — — 29,218,867
(0.6% of the Asian population)
Unregistered cohabitation
(2 countries)
India India 2022 1,336,740,000
Israel Israel 2006 8,910,800
Subtotal — — 1,345,650,800
(29,11% of the Asian population)
Other types of partnerships
(1 country) 		Cyprus Cyprus 2015 1,117,000
Subtotal — — 1,117,000
(0.05% of the Asian population)
Total — — 1,361,433,705
(29,45% of the Asian population)
No recognition
(41 countries)
* same-sex sexual activity illegal 		Afghanistan Afghanistan* — 31,575,018
Azerbaijan Azerbaijan — 9,898,085
Bahrain Bahrain — 1,496,300
Bangladesh Bangladesh* — 165,159,000
Bhutan Bhutan — 727,145
Brunei Brunei* — 422,678
China China — 1,393,970,000
East Timor East Timor — 1,261,407
Indonesia Indonesia — 265,015,300
Iran Iran* — 81,773,300
Iraq Iraq — 39,339,753
Japan Japan — 126,490,000
Jordan Jordan — 10,235,500
Kazakhstan Kazakhstan — 18,272,400
Kuwait Kuwait* — 4,226,920
Laos Laos — 6,961,210
Lebanon Lebanon — 6,093,509
Malaysia Malaysia* — 32,663,200
Maldives Maldives* — 378,114
Mongolia Mongolia — 3,225,080
Myanmar Myanmar* — 53,862,731
North Korea North Korea — 25,610,672
Oman Oman* — 4,633,752
Pakistan Pakistan* — 201,938,000
Philippines Philippines — 106,438,000
Qatar Qatar* — 2,450,285
Saudi Arabia Saudi Arabia* — 33,413,660
Singapore Singapore — 5,612,253
South Korea South Korea — 51,635,256
Sri Lanka Sri Lanka* — 21,444,000
Syria Syria* — 18,284,407
Tajikistan Tajikistan — 8,931,000
Thailand Thailand — 69,183,173
Turkey Turkey — 80,810,525
Turkmenistan Turkmenistan* — 5,851,466
United Arab Emirates United Arab Emirates* — 9,541,615
Uzbekistan Uzbekistan* — 32,653,900
Vietnam Vietnam — 94,660,000
Yemen Yemen* — 28,915,284
Subtotal — — 3,055,053,898
(66.68% of the Asian population)
Constitutional ban on marriage
(5 countries)
 Armenia Armenia 2015 2,969,800
Cambodia Cambodia 1993 16,069,921
Georgia (country) Georgia 2018 3,729,600
Kyrgyzstan Kyrgyzstan 2016 6,309,300
Russia Russia 2020 146,877,088
Subtotal — — 175,955,709
(3.8% of the Asian population)
Total — — 3,260,228,474
(70,54% of the Asian population)

Sub-national level

Status Country Jurisdiction Legal since Jurisdiction population

(Last Census count)

Marriage

(2 jurisdictions)

United Kingdom United Kingdom United Kingdom Akrotiri and Dhekelia 2014 15,700
British Indian Ocean Territory British Indian Ocean Territory 2014 3,000 (military personnel only)
Total 18,700

Partially-recognized and unrecognized states

Status Country Since State population
(Last estimate count)
No recognition
(4 states)
* same-sex sexual activity illegal 		Abkhazia Abkhazia — 242,862
Northern Cyprus Northern Cyprus 313,626
State of Palestine Palestine*[nb 1] — 4,780,978
South Ossetia South Ossetia — 53,532
Total — — 5,390,998
(0.1% of the Asian population)

Future legislation

Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
Unclear legal status
See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
LGBT portal

Marriage

Government proposals

 Thailand: In November 2023 Prime Minister Srettha Thavisin of the Pheu Thai Party announced that his Cabinet had approved a draft same-sex marriage law,[11] which Parliament began to debate on 21 December 2023.[12] Besides the government's version of the draft bill, three additional versions by the Move Forward Party, the Democrat Party and the civil sector were considered.[13][14] All four bills passed overwhelmingly at 369 to 10,[15] with the House of Representatives approving the formation of an ad-hoc committee to combine the four drafts into one over 15 days pending further debate expected in 2024.[16] On 27 March 2024, the House overwhelmingly passed the draft law by 400 to 10. It now requires Senate approval and Royal Assent.[17][18]

Opposition proposals or proposals without a parliamentary majority

 Japan: A bill was introduced by the opposition Constitutional Democratic Party of Japan in March 2023.[19]

Non-marital partnership

Opposition proposals or proposals without a parliamentary majority

 Philippines: In 2022, two same-sex civil union bills were proposed to the Philippine Congress. The first bill, named the "Civil Partnership Act", was proposed by Bagong Henerasyon party-list representative Bernadette Herrera-Dy in July 2022. This bill would provide recognition of same-sex couples in the Philippines and grant them the same benefits and protections as opposite-sex married couples on a national level. This bill was also proposed in previous Congresses, but did not pass.[20] In August 2022, senator Robin Padilla proposed a similar bill named the "Civil Unions Act", which would provide benefits and protections for same-sex couples similar to Herrera-Dy's, as well as inheritance rights, adoption rights, and other privileges granted to married couples.[21]

Public opinion

  Indicates the country/territory has legalized same-sex marriage nationwide
  Indicates that the country has civil unions or registered partnerships
  Indicates that same-sex sexual activity is illegal
Opinion polls for same-sex marriage by country
Country or territory Pollster Year For Against Neutral[a] Margin
of error 		Source
Armenia Armenia Pew Research Center 2015 3% 96% 1% ±3% [22][23]
Cambodia Cambodia Pew Research Center 2023 57% 42% 1% [24]
China China Ipsos 2021 43% 19% - [citation needed]
Georgia (country) Georgia Women’s Initiatives Supporting Group 2021 10%
(12%) 		75%
(88%) 		15% [25]
Hong Kong Hong Kong Pew Research Center 2023 58% 40% 2% [24]
India India Pew Research Center 2023 53%
 43% 4% ±3.6% [26]
Indonesia Indonesia Pew Research Center 2023 5% 92% 3% ±3.6% [26]
Israel Israel Pew Research Center 2023 36% 56% 8% ±3.6% [26]
Japan Japan Kyodo News 2023 64%
(72%) 		25%
(28%) 		11% [27]
Asahi Shimbun 2023 72%
(80%) 		18%
(20%) 		10% [28]
Ipsos 2023 38% 40% [31% support some rights]
 22% not sure ±3.5% [29]
Pew Research Center 2023 68%
 26% 6% ±2.75% [24]
Kazakhstan Kazakhstan Pew Research Center 2016 7% 89% 4% - [30][23]
Malaysia Malaysia Pew Research Center 2023 17% 82% 1% [24]
Philippines Philippines SWS 2018 22% 61% 16% [31]
Russia Russia Ipsos 2021 17% 52% - [citation needed]
Singapore Singapore Ipsos 2023 32%
 50% [23% support some rights]
 19% ±3.5% [29]
Pew Research Center 2023 45% 51% 4% [24]
South Korea South Korea Ipsos 2023 35%
 42% [18% support some rights]
 23% not sure ±3.5% [29]
Pew Research Center 2023 41% 56% 3% [24]
Sri Lanka Sri Lanka Pew Research Center 2023 23% 69% 8% [24]
Taiwan Taiwan CNA 2023 63% 37% [32]
Pew Research Center 2023 45%
 43% 12% [24]
Thailand Thailand Ipsos 2023 55%
 29% [18% support some rights]
 16% not sure ±3.5% [29]
Pew Research Center 2023 60% 32% 8% [24]
Turkey Turkey Ipsos 2023 20%
 52% [22% support some rights]
 28% not sure ±3.5% [b] [29]
Vietnam Vietnam Pew Research Center 2023 65% 30% 5% [24]

In 2019, a survey by The Economist found that 45% of respondents in the Asia-Pacific region believed same-sex marriage is inevitable in the region, with 31% of respondents disagreeing. Also, three-quarters of those surveyed reported a more open climate for LGBT rights compared to three years ago. Of those reporting an improving climate for LGBT people, 38% cited a change in policies or laws, while 36% said coverage of LGBT issues in mainstream media was a major factor. The top reason cited for diminishing openness was anti-LGBT advocacy by religious institutions.[33][34]

See also

Notes

  1. ^ Same-sex sexual activity legal in the West Bank, illegal in the Gaza Strip.
  1. ^ Also comprises: Don't know; No answer; Other; Refused.
  2. ^ [+ more urban/educated than representative]

References

  1. ^ "Taiwan's high court paves the way for same-sex marriage, a first in Asia". Los Angeles Times. 24 May 2017. Retrieved February 6, 2018.
  2. ^ Gupta, Sarthak (30 August 2022). "India Supreme Court expands family rights to LGBTQ+ and unmarried partners". Jurist. Bernard Hibbitts. Jurist. Retrieved 17 October 2023.
  3. ^ Cohen v. Shushan, 212 So.3d 1113 (2017) ("Our decision upholds a fine — but very clear — distinction that has been set within Israel's marital law, one we must maintain out of respect to Israel's law-making authority. Because Ms. Shushan and the late Mr. Cohen's legal union was not entered into through any recognized religious authority, they were not married under Israeli law. Ms. Shushan, therefore, could not be a surviving spouse of Mr. Cohen").
  4. ^ Same-sex couples tie the knot in Cambodia in a stunning public ceremony, Gay Star News, 24 May 2018
  5. ^ "Rainbow Community Kampuchea: What we do?". Archived from the original on 2018-05-30. Retrieved 2019-06-25.
  6. ^ Williams, Joe (December 26, 2015). "Another Japanese city to recognise same-sex relationships". Pink News. Retrieved December 26, 2015.
  7. ^ Masanori, Hiuchi (1 March 2016). "City in Mie Prefecture to recognize same-sex partnerships in April". Asahi Shimbun. Archived from the original on 2016-03-02. Retrieved 2016-03-12.
  8. ^ "3rd municipality in Japan starts issuing same-sex partnership papers". Japan Today. 3 April 2016.[permanent dead link]
  9. ^ "Hong Kong's top court sides with gay civil servant in application for spousal benefit and tax assessment". Hong Kong Free Press HKFP. 2019-06-06. Retrieved 2019-06-06.
  10. ^ "Breakthrough for LGBT rights as Hong Kong to recognise same-sex partnerships in spousal visa applications". South China Morning Post. 18 September 2018.
  11. ^ "Marriage equality bill for parliament next month". Bangkok Post. Bangkok Post Public Company. Reuters. 21 November 2023. Retrieved 21 November 2023.
  12. ^ "Thailand steps closer to allowing same-sex marriage with cabinet nod". CNBCTV18. 2023-12-19. Retrieved 2023-12-19.
  13. ^ "สภา เริ่มถกร่างกม.สมรสเท่าเทียม - 'ภาคีสีรุ้ง' วอนโหวตรับเป็นของขวัญปีใหม่". bangkokbiznews (in Thai). 2023-12-21. Retrieved 2023-12-21.
  14. ^ "สมรสเท่าเทียม: สำรวจข้อเหมือน-ข้อต่าง ร่างกฎหมายสมรส LGBTQ+ รัฐบาล-ก้าวไกล-ภาคประชาชน" [Marriage equality: explore similarities and differences in LGBTQ+ marriage draft bills, Government-Move Forward-civil sector]. BBC News Thai (in Thai). 2023-12-21. Retrieved 2023-12-21.
  15. ^ "สภาฯ รับหลักการ "สมรสเท่าเทียม" ทั้ง 4 ฉบับ" [Parliament approves all four marriage equality bills]. Thai PBS (in Thai). Retrieved 2023-12-21.
  16. ^ "Thailand edges closer to legalising same-sex marriage". Reuters. 2023-12-21. Retrieved 2023-12-21.
  17. ^ https://www.hrw.org/news/2024/03/27/thailand-promptly-pass-same-sex-marriage-bill
  18. ^ https://www.eurasiareview.com/30032024-thailand-leads-southeast-asia-parliament-approves-landmark-same-sex-marriage-bill-oped/
  19. ^ "Japan opposition party submits bill for same-sex marriage".
  20. ^ Will proposed Civil Partnership Act prosper in 19th Congress? Herrera has fingers crossed
  21. ^ Padilla wants same-sex unions institutionalized
  22. ^ "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew. Retrieved 11 May 2017.
  23. ^ a b "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
  24. ^ a b c d e f g h i j "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  25. ^ "წინარწმენიდან თანასწორობამდე (From Prejudice to Equality), part 2" (PDF). WISG. 2022.
  26. ^ a b c "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  27. ^ Staff (February 13, 2023). "64% favor recognizing same-sex marriage in Japan: Kyodo poll". Kyodo News. Retrieved February 13, 2023.
  28. ^ Isoda, Kazuaki (February 21, 2023). "Survey: 72% of voters in favor of legalizing gay marriages". The Asahi Shimbun. Retrieved February 27, 2023.
  29. ^ a b c d e LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.
  30. ^ "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
  31. ^ "First Quarter 2018 Social Weather Survey: 61% of Pinoys oppose, and 22% support, a law that will allow the civil union of two men or two women". 29 June 2018. Retrieved 6 January 2019.
  32. ^ Strong, Matthew (19 May 2023). "Support for gay marriage surges in Taiwan 4 years after legalization". Taiwan News. Retrieved 19 May 2023.
  33. ^ Glauert, Rik (2019-05-30). "Survey finds 45% believe same-sex marriage inevtiable in Asia-Pacific". Gay Star News. Retrieved 2021-09-23.
  34. ^ "Legalisation of same-sex marriage will inevitably spread across Asia-Pacific, say nearly half of respondents in new Economist Intelligence Unit (EIU) survey". vietnamnews.vn. Retrieved 2021-09-23.
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