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Recognition of same-sex unions in Asia

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Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legislation establishing same-sex marriage, but marriage is not yet provided for
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty
Part of the LGBT rights series
Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: 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. 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. Some member states, including Romania, do not 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.
  14. South Korea: Spousal health insurance benefits
* Not yet in effect
LGBT portal

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] In addition, Israel recognises same-sex marriages validly performed abroad.

Israel recognises unregistered cohabitation for same-sex couples.[2] Several cities in Cambodia provide same-sex couples with some limited rights and benefits, including hospital visitation rights.[3][4] Some cities in Japan issue certificates for same-sex couples, however they are entirely symbolic.[5][6][7] In Hong Kong, the same-sex partners of residents can receive spousal visas and spousal benefits.[8][9]

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
(1 country)
Israel Israel 2006 8,910,800
Subtotal — — 8,910,800
(0.2% 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.[10] On 13 April 2016, with hundreds of same-sex marriage supporters outside, the Changsha court ruled against Sun, who said he would appeal.[11]

Hong Kong Hong Kong: In January 2019 the Hong Kong High Court agreed to hear a challenge to the city's refusal to recognise same-sex marriage. The legal challenges was mounted by a 21-year-old University of Hong Kong student, known as TF, and a 31-year-old activist, known as STK, who argued that the inability of same-sex couples to get married violated their right to equality under the city’s Bill of Rights and the Basic Law.[12] The judge in the case gave the applications license to be heard by the court, though suspended them to first hear another case.[12]

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.[13] There are also several same-sex marriage petitions pending in the courts.[14]

Japan Japan: In December 2018, the Constitutional Democratic Party of Japan (CDP) announced it would introduce a bill to amend the Civil Code so as to allow same-sex marriage sometime in 2019.[15] On 3 June 2019, the bill was submitted by the CDP, the Japanese Communist Party and other parties. It seeks to adopt neutral language with the terms "party of marriage" being used instead of "husband" and "wife", while "father and mother" would be replaced by "parents".[16][17][18]

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.[19] 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.[20]

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.[21] The couple quickly filed an appeal against the district court ruling.[22] 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.[23]

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.[24][25][26] The case was heard on 28 May 2019.[27][28][29]

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.[30] 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.[31] 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.[32][33] The bill was discussed in public hearings between November 12 and 16, and was expected to be presented to the cabinet by the end of the month.[34] On 25 December 2018, the Cabinet approved the bill, which grants same-sex couples several of the rights of marriage, including adoption of children. The bill will now be introduced in the parliament.[35][36]

Public opinion

  Indicates the country/territory has legalized same-sex marriage nationwide
  Indicates that same-sex marriage rights are pending
  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% [37][38]
Cambodia Cambodia Pew Research Center 2023 57% 42% 1% [39]
China China Ipsos 2021 43% 19% - [citation needed]
Georgia (country) Georgia Women’s Initiatives Supporting Group 2021 10%
(12%) 		75%
(88%) 		15% [40]
Hong Kong Hong Kong Pew Research Center 2023 58% 40% 2% [39]
India India Pew Research Center 2023 53%
 43% 4% ±3.6% [41]
Indonesia Indonesia Pew Research Center 2023 5% 92% 3% ±3.6% [41]
Israel Israel Pew Research Center 2023 36% 56% 8% ±3.6% [41]
Japan Japan Kyodo News 2023 64%
(72%) 		25%
(28%) 		11% [42]
Asahi Shimbun 2023 72%
(80%) 		18%
(20%) 		10% [43]
Ipsos 2023 38% 40% [31% support some rights]
 22% not sure ±3.5% [44]
Pew Research Center 2023 68%
 26% 6% ±2.75% [39]
Kazakhstan Kazakhstan Pew Research Center 2016 7% 89% 4% - [45][38]
Malaysia Malaysia Pew Research Center 2023 17% 82% 1% [39]
Philippines Philippines SWS 2018 22% 61% 16% [46]
Russia Russia Ipsos 2021 17% 52% - [citation needed]
Singapore Singapore Ipsos 2023 32%
 50% [23% support some rights]
 19% ±3.5% [44]
Pew Research Center 2023 45% 51% 4% [39]
South Korea South Korea Ipsos 2023 35%
 42% [18% support some rights]
 23% not sure ±3.5% [44]
Pew Research Center 2023 41% 56% 3% [39]
Sri Lanka Sri Lanka Pew Research Center 2023 23% 69% 8% [39]
Taiwan Taiwan CNA 2023 63% 37% [47]
Pew Research Center 2023 45%
 43% 12% [39]
Thailand Thailand Ipsos 2023 55%
 29% [18% support some rights]
 16% not sure ±3.5% [44]
Pew Research Center 2023 60% 32% 8% [39]
Turkey Turkey Ipsos 2023 20%
 52% [22% support some rights]
 28% not sure ±3.5% [b] [44]
Vietnam Vietnam Pew Research Center 2023 65% 30% 5% [39]

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.[48][49]

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]

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. ^ 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").
  3. ^ Same-sex couples tie the knot in Cambodia in a stunning public ceremony, Gay Star News, 24 May 2018
  4. ^ Rainbow Community Kampuchea: What we do?
  5. ^ Williams, Joe (December 26, 2015). "Another Japanese city to recognise same-sex relationships". Pink News. Retrieved December 26, 2015.
  6. ^ 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.
  7. ^ "3rd municipality in Japan starts issuing same-sex partnership papers". Japan Today. 3 April 2016.[permanent dead link]
  8. ^ "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.
  9. ^ "Breakthrough for LGBT rights as Hong Kong to recognise same-sex partnerships in spousal visa applications". South China Morning Post. 18 September 2018.
  10. ^ Gay man sues for right to marry in China’s first same-sex marriage lawsuit South China Morning Post, 6 January 2016
  11. ^ "Chinese Court Rules Against Gay Couple Seeking To Get Married". The Two-Way. 13 April 2016.
  12. ^ a b "Two gay men mount first legal challenges to Hong Kong laws banning same-sex marriage, with court giving their applications green light to proceed". South China Morning Post. 3 January 2019.
  13. ^ "A new UCC for a new India? Progressive draft UCC allows for same-sex marriages – Catchnews". Catchnews. Retrieved 2017-10-12.
  14. ^ Das, Shaswati (7 September 2018). "Historic verdict holds hope for same-sex marriages, adoption". Livemint.com.
  15. ^ CDP to seek Civil Code revisions to recognize same-sex marriage, The Mainichi, 31 December 2018
  16. ^ Nobuhiro, Emi (3 June 2019). "Japan Opposition Parties Submit Same-Sex Marriage Bill". Bloomberg.
  17. ^ Milton, Josh (3 June 2019). "Japan opposition parties rally in bid to pass marriage equality". Gay Star News.
  18. ^ "Japan opposition parties submit same-sex marriage Bill". The Straits Times. 3 June 2019.
  19. ^ Nepal's Supreme Court OKs same-sex marriage
  20. ^ All set to get legal status
  21. ^ "South Korean court rejects film director's same-sex marriage case". The Guardian. 25 May 2016.
  22. ^ Duffy, Nick (26 May 2016). "South Korea set for more court battles over same-sex marriage ban". Pink News.
  23. ^ S. Korean court rejects gay couple's appeal over same-sex marriage
  24. ^ "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.
  25. ^ Sobel, Ariel (24 August 2018). "Queer Hong Kong Woman Sues for Civil Union Rights". The Advocate.
  26. ^ Power, Shannon (24 August 2018). "Woman sues Hong Kong government for not allowing same-sex civil partnerships". Gay Star News.
  27. ^ Lau, Chris (23 April 2019). "Judge in LGBT civil union legal challenge rejects bid by Hong Kong diocese and conservative groups to join litigation". South China Morning Post.
  28. ^ Milton, Josh (26 April 2019). "Hong Kong judge rules religion should not define what marriage is". Gay Star News.
  29. ^ Glauert, Rik (28 May 2019). "Hong Kong High Court hears landmark same-sex civil partnership case". Gay Star News.
  30. ^ "It’s civil union, not marriage"
  31. ^ Thailand to revive gay rights Bill
  32. ^ Thailand expected to introduce same-sex civil partnerships, independent.co.uk, 27 April 2018
  33. ^ Thailand Could Actually Beat Taiwan to Legalizing Same-Sex Unions and Benefits
  34. ^ Braidwood, Ella (2018-11-06). "Thailand could be first country in Asia with same-sex unions". PinkNews.
  35. ^ Theparat, Chatrudee (25 December 2018). "Cabinet endorses civil partnership bill". Bangkok Post. Retrieved 25 December 2018.
  36. ^ Sarrubba, Stefania (25 December 2018). "Thailand cabinet approves the first draft of same-sex civil union bill". Gay Star News. Retrieved 25 December 2018.
  37. ^ "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew. Retrieved 11 May 2017.
  38. ^ a b "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
  39. ^ a b c d e f g h i j "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  40. ^ "წინარწმენიდან თანასწორობამდე (From Prejudice to Equality), part 2" (PDF). WISG. 2022.
  41. ^ a b c "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  42. ^ Staff (February 13, 2023). "64% favor recognizing same-sex marriage in Japan: Kyodo poll". Kyodo News. Retrieved February 13, 2023.
  43. ^ Isoda, Kazuaki (February 21, 2023). "Survey: 72% of voters in favor of legalizing gay marriages". The Asahi Shimbun. Retrieved February 27, 2023.
  44. ^ a b c d e LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.
  45. ^ "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
  46. ^ "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.
  47. ^ Strong, Matthew (19 May 2023). "Support for gay marriage surges in Taiwan 4 years after legalization". Taiwan News. Retrieved 19 May 2023.
  48. ^ https://www.gaystarnews.com/article/survey-finds-45-believe-same-sex-marriage-inevtiable-in-asia-pacific/
  49. ^ https://vietnamnews.vn/media-outreach/520641/legalisation-of-same-sex-marriage-will-inevitably-spread-across-asia-pacific-say-nearly-half-of-respondents-in-new-economist-intelligence-unit-eiu-survey.html
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