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| <ref>{{cite web|url=https://www.timesofisrael.com/most-israelis-favor-same-sex-marriage-but-half-of-mks-mum-on-issue/|title=Most Israelis favor same-sex marriage, but half of MKs mum on issue|publisher=Times of Israel|date=5 June 2018|accessdate=5 June 2018}}</ref><ref>https://www.10.tv/news/164778</ref>
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Revision as of 07:39, 24 December 2018

Asia
Same-sex sexual activity legal
  Marriage
  Other type of partnership
  Unregistered cohabitation
  Foreign same-sex marriages recognized
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Not enforced or unclear
  Penalty
  Life in prison
  Death penalty
Part of the LGBT rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

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

Following a Constitutional Court ruling, Taiwan could become the first nation in Asia to legalize same-sex marriage by 24 May 2019.[1] In addition, Israel and Armenia recognise same-sex marriages validly performed abroad.[2]

Israel recognises unregistered cohabitation for same-sex couples. Several cities in Japan, Taiwan and Cambodia provide same-sex couples with some limited rights and benefits, including hospital visitation rights. In Hong Kong, the same-sex partners of residents can receive spousal visas.

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
(0.5% of the Asian population)
Recognition of foreign marriage
(2 countries)
* Constitutional ban on domestic same-sex marriages 		Armenia Armenia* 2017 2,969,800
Israel Israel 2006 8,910,800
Subtotal — — 11,880,600
(0.3% of the Asian population)
Unregistered cohabitation
(1 country) 		Israel Israel 1994 8,910,800
Subtotal — — 8,910,800
(0.2% of the Asian population)
Total — — 35,457,305
(0.8% of the Asian population)
No recognition
(42 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
India India — 1,336,740,000
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
Nepal Nepal — 29,218,867
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
Russia Russia — 146,877,088
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 — — 4,567,889,853
(98.7% of the Asian population)
Constitutional ban on marriage
(4 countries)
* foreign same-sex marriages recognised 		Armenia Armenia* 2015 2,969,800
Cambodia Cambodia 1993 16,069,921
Kyrgyzstan Kyrgyzstan 2016 6,309,300
Georgia (country) Georgia 2018 3,729,600
Subtotal — — 29,078,621
(0.6% of the Asian population)
Total — — 4,596,968,474
(99.3% of the Asian population)

Partially-recognized and unrecognized states

Status Country Since State population
(Last estimate count)
No recognition
(3 states)
* same-sex sexual activity illegal 		Abkhazia Abkhazia — 242,862
State of Palestine Palestine*[nb 1] — 4,780,978
South Ossetia South Ossetia — 53,532
Subtotal — — 5,077,372
(0.1% of the Asian population)
Constitutional ban on marriage
(1 country) 		Republic of Artsakh Artsakh 2006 150,932
Subtotal — — 150,932
(0.003% of the Asian population)
Total — — 5,228,304
(0.1% of the Asian population)

Future legislation and court challenges

Marriage

China China: On 5 January 2016, a court in Changsha, southern Hunan Province, agreed to hear a lawsuit filed in December 2015 against the Bureau of Civil Affairs of Furong District. The lawsuit was filed by 26-year-old Sun Wenlin, who in June 2015 had been refused permission by the bureau to marry his 36-year-old partner, Hu Mingliang.[3] On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal.[4]

India India: India does not have a codified civil marriage code. A draft of a Uniform Civil Code that would legalise same-sex marriage was proposed in 2017.[5] There are also several same-sex marriage petitions pending in the courts.[6]

Nepal Nepal: On 17 November 2008, Nepal's Supreme Court ruled in favor of same sex marriage and recommended that the Parliament form a committee to examine the matter.[7] In October 2016, the Ministry of Women, Children and Social Welfare created a committee for the purpose of preparing a draft bill on the issue.[8]

Philippines Philippines: A petition to legalize same sex marriage was heard by the Supreme Court on 19 June 2018.[9]

South Korea South Korea: In July 2015, Kim Jho Kwang-soo and his partner, Kim Seung-Hwan, filed a lawsuit seeking legal status for their marriage, after their marriage registration form was rejected by local authorities in Seoul. On 25 May 2016, the Seoul Western District Court ruled against the couple and argued that without clear legislation a same-sex union cannot be recognized as a marriage.[10] The couple quickly filed an appeal against the district court ruling.[11] On 5 December 2016, an appeals court upheld the district court's ruling, finding that it had no legal flaws. The couple subsequently announced that they would bring their case to the Supreme Court.[12]

Taiwan Taiwan: On 24 May 2017, the Constitutional Court ruled that current marriage laws are unconstitutional and that same-sex couples should have the right to marry. The court has given the Legislative Yuan two years to amend Taiwanese marriage laws accordingly. The court ruling stipulates that if amendments are not passed within two years, same-sex marriages will automatically become legal.[13]

Non-marital partnership

Hong Kong Hong Kong: In June 2018, a Hong Kong lesbian known as "MK" filed a lawsuit against the Hong Kong Government for denying her the right to enter into a civil partnership with her female partner, arguing that her rights to privacy and equality had been violated, amounting to a breach of the Basic Law, the city’s mini constitution, and the Hong Kong Bill of Rights Ordinance. The High Court heard the case in a brief 30-minute preliminary hearing in August 2018, and it is expected to be heard in the first half of 2019.[14][15][16]

Philippines Philippines: In October 2016, Speaker of the House of Representatives Pantaleon Alvarez announced he would file a bill to legalize civil unions for both opposite-sex and same-sex couples. As of 25 October 2016, more than 150 lawmakers have signalled their support for the bill.[17] Alvarez introduced the bill on 10 October 2017.

Thailand Thailand: In 2017, the Government of Thailand responded favourably to a petition signed by 60,000 people calling for civil partnerships for same-sex couples. Pitikan Sithidej, the Director-General of the Rights and Liberties Protection Department at the Justice Ministry, confirmed he had received the petition and would do all he could to get it passed as soon as possible.[18] The Justice Ministry convened on 4 May 2018 to begin discussions on a draft civil partnership bill, titled the Same Sex Life Partnership Registration Bill. Under the proposal, same-sex couples would be able to register themselves as "life partners" and be granted several of the rights of marriage, including full adoption rights.[19][20] The bill is expected to be introduced to the Cabinet in September 2018.[21]

Public Opinion

Opinion polls for same-sex marriage by country
Country Pollster Year For Against Neutral[a] Source
 Cambodia TNS Cambodia 2015 55% 30% 15% [22]
 Israel Channel 10 2018 58% 30% 12% [23][24]
 Japan NHK 2017 51% 41% 8% [25]
 Kazakhstan Pew Research Center 2016 7% 89% 4% [26][27]
 Russia Pew Research Center 2016 5% 90% 5% [26][27]
 Singapore OSC 2013 21% 55% 24% [28]
 South Korea Gallup Korea 2017 41% 52% 6.1% [29]
 Taiwan Taiwan Social Change Survey 2015 54% 37% 9% [30]
 Thailand NIDA Poll 2015 59% 35% 6% [31]
 Vietnam iSEE 2014 34% 53% 13% [32]
Opinion polls for same-sex marriage by dependent territory
Country Pollster Year For Against Neutral[a] Source
 Hong Kong CCPL 2018 50% 33% 17% [33]

Notes

  1. ^ Same-sex sexual activity legal in the West Bank, illegal in the Gaza Strip.
  1. ^ a b Also comprises: Don't know; No answer; Other; Refused.

See also

References

  1. ^ "Taiwan's high court paves the way for same-sex marriage, a first in Asia". Los Angeles Times. Retrieved February 6, 2018.
  2. ^ "Same-sex marriages registered abroad are valid in Armenia".
  3. ^ Gay man sues for right to marry in China’s first same-sex marriage lawsuit South China Morning Post, 6 January 2016
  4. ^ "Chinese Court Rules Against Gay Couple Seeking To Get Married". The Two-Way. 13 April 2016.
  5. ^ "A new UCC for a new India? Progressive draft UCC allows for same-sex marriages - Catchnews". Catchnews. Retrieved 2017-10-12.
  6. ^ Das, Shaswati (7 September 2018). "Historic verdict holds hope for same-sex marriages, adoption". Livemint.com.
  7. ^ Nepal's Supreme Court OKs same-sex marriage
  8. ^ All set to get legal status
  9. ^ Ina Reformina (6 March 2018). "SC sets oral arguments on same-sex marriage". ABS-CBN.
  10. ^ "South Korean court rejects film director's same-sex marriage case". The Guardian. 25 May 2016.
  11. ^ Duffy, Nick (26 May 2016). "South Korea set for more court battles over same-sex marriage ban". Pink News.
  12. ^ S. Korean court rejects gay couple's appeal over same-sex marriage
  13. ^ "Taiwan's high court paves the way for same-sex marriage, a first in Asia". Los Angeles Times. Retrieved February 6, 2018.
  14. ^ "Woman takes unprecedented step to advance LGBT cause in Hong Kong and sues government over civil partnerships ban". South China Morning Post. 24 August 2018.
  15. ^ Sobel, Ariel (24 August 2018). "Queer Hong Kong Woman Sues for Civil Union Rights". The Advocate.
  16. ^ Power, Shannon (24 August 2018). "Woman sues Hong Kong government for not allowing same-sex civil partnerships". Gay Star News.
  17. ^ "It’s civil union, not marriage"
  18. ^ Thailand to revive gay rights Bill
  19. ^ Thailand expected to introduce same-sex civil partnerships, independent.co.uk, 27 April 2018
  20. ^ Thailand Could Actually Beat Taiwan to Legalizing Same-Sex Unions and Benefits
  21. ^ Gay union law ready for Cabinet by September
  22. ^ TNS Research Report on Opinions Attitudes and Behavior toward the LGBT Population in Cambodia
  23. ^ "Most Israelis favor same-sex marriage, but half of MKs mum on issue". Times of Israel. 5 June 2018. Retrieved 5 June 2018.
  24. ^ https://www.10.tv/news/164778
  25. ^ "世論調査 価値観の変化は". NHK. May 2017.
  26. ^ a b "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
  27. ^ a b "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
  28. ^ "Majority of Singaporeans still don't support LGBT rights, poll finds". gaystarnews.com. 26 August 2013. Retrieved 17 July 2016.
  29. ^ Jeong-Eun, Son (26 December 2017). "특집 여론조사…국민 59.7% "적폐청산 수사 계속해야"". MBC Newsdesk.
  30. ^ "Taiwan Social Change Survey, Seventh Round,First Year (2015)" (PDF).
  31. ^ Nida Poll: Most Thais agree with same sex marriage
  32. ^ "One in three Vietnamese support marriage equality". GayStarNews. March 31, 2014. Archived from the original on April 26, 2014. {{cite news}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  33. ^ Support in Hong Kong for Same-sex Couples’ Rights Grew Over Four Years (2013-2017) Over Half of People in Hong Kong Now Support Same-Sex Marriage
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