Recognition of same-sex unions in Asia
![](http://upload.wikimedia.org/wikipedia/commons/thumb/6/6d/Asia_homosexuality_laws.svg/330px-Asia_homosexuality_laws.svg.png)
Same-sex sexual activity legal
Part of the LGBT rights series |
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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) |
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2019 | 23,576,705 |
Subtotal | — | — | 23,576,705 (0.5% of the Asian population) |
Recognition of foreign marriage (1 country) |
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2006 | 8,910,800 |
Subtotal | — | — | 8,910,800 (0.2% of the Asian population) |
Unregistered cohabitation (1 country) |
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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 | |||
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— | 31,575,018 | |
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— | 9,898,085 | |
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— | 1,496,300 | |
![]() |
— | 165,159,000 | |
![]() |
— | 727,145 | |
![]() |
— | 422,678 | |
![]() |
— | 1,393,970,000 | |
![]() |
— | 1,261,407 | |
![]() |
— | 1,336,740,000 | |
![]() |
— | 265,015,300 | |
![]() |
— | 81,773,300 | |
![]() |
— | 39,339,753 | |
![]() |
— | 126,490,000 | |
![]() |
— | 10,235,500 | |
![]() |
— | 18,272,400 | |
![]() |
— | 4,226,920 | |
![]() |
— | 6,961,210 | |
![]() |
— | 6,093,509 | |
![]() |
— | 32,663,200 | |
![]() |
— | 378,114 | |
![]() |
— | 3,225,080 | |
![]() |
— | 53,862,731 | |
![]() |
— | 29,218,867 | |
![]() |
— | 25,610,672 | |
![]() |
— | 4,633,752 | |
![]() |
— | 201,938,000 | |
![]() |
— | 106,438,000 | |
![]() |
— | 2,450,285 | |
![]() |
— | 146,877,088 | |
![]() |
— | 33,413,660 | |
![]() |
— | 5,612,253 | |
![]() |
— | 51,635,256 | |
![]() |
— | 21,444,000 | |
![]() |
— | 18,284,407 | |
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— | 8,931,000 | |
![]() |
— | 69,183,173 | |
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— | 80,810,525 | |
![]() |
— | 5,851,466 | |
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— | 9,541,615 | |
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— | 32,653,900 | |
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— | 94,660,000 | |
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— | 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 |
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2015 | 2,969,800 |
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1993 | 16,069,921 | |
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2016 | 6,309,300 | |
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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 |
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— | 242,862 |
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— | 4,780,978 | |
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— | 53,532 | |
Subtotal | — | — | 5,077,372 (0.1% of the Asian population) |
Constitutional ban on marriage (1 country) |
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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: 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: 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 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: 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: 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: 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: 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: 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: 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
Country or territory | Pollster | Year | For | Against | Neutral[a] | Margin of error |
Source |
---|---|---|---|---|---|---|---|
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Pew Research Center | 2015 | 3% | 96% | 1% | ±3% | [37][38] |
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Pew Research Center | 2023 | 57% | 42% | 1% | [39] | |
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Ipsos | 2021 | 43% | 19% | - | [citation needed] | |
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Women’s Initiatives Supporting Group | 2021 | 10% (12%) |
75% (88%) |
15% | [40] | |
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Pew Research Center | 2023 | 58% | 40% | 2% | [39] | |
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Pew Research Center | 2023 | 53% |
43% | 4% | ±3.6% | [41] |
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Pew Research Center | 2023 | 5% | 92% | 3% | ±3.6% | [41] |
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Pew Research Center | 2023 | 36% | 56% | 8% | ±3.6% | [41] |
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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] | |
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Pew Research Center | 2016 | 7% | 89% | 4% | - | [45][38] |
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Pew Research Center | 2023 | 17% | 82% | 1% | [39] | |
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SWS | 2018 | 22% | 61% | 16% | [46] | |
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Ipsos | 2021 | 17% | 52% | - | [citation needed] | |
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Ipsos | 2023 | 32% |
50% [23% support some rights] |
19% | ±3.5% | [44] |
Pew Research Center | 2023 | 45% | 51% | 4% | [39] | ||
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Ipsos | 2023 | 35% |
42% [18% support some rights] |
23% not sure | ±3.5% | [44] |
Pew Research Center | 2023 | 41% | 56% | 3% | [39] | ||
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Pew Research Center | 2023 | 23% | 69% | 8% | [39] | |
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CNA | 2023 | 63% | 37% | [47] | ||
Pew Research Center | 2023 | 45% |
43% | 12% | [39] | ||
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Ipsos | 2023 | 55% |
29% [18% support some rights] |
16% not sure | ±3.5% | [44] |
Pew Research Center | 2023 | 60% | 32% | 8% | [39] | ||
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Ipsos | 2023 | 20% |
52% [22% support some rights] |
28% not sure | ±3.5% [b] | [44] |
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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
- ^ Same-sex sexual activity legal in the West Bank, illegal in the Gaza Strip.
See also
- LGBT rights in Asia
- Recognition of same-sex unions in Africa
- Recognition of same-sex unions in the Americas
- Recognition of same-sex unions in Europe
- Recognition of same-sex unions in Oceania
References
- ^ "Taiwan's high court paves the way for same-sex marriage, a first in Asia". Los Angeles Times. Retrieved February 6, 2018.
- ^ 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").
- ^ Same-sex couples tie the knot in Cambodia in a stunning public ceremony, Gay Star News, 24 May 2018
- ^ Rainbow Community Kampuchea: What we do?
- ^ Williams, Joe (December 26, 2015). "Another Japanese city to recognise same-sex relationships". Pink News. Retrieved December 26, 2015.
- ^ 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.
- ^ "3rd municipality in Japan starts issuing same-sex partnership papers". Japan Today. 3 April 2016.[permanent dead link]
- ^ "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.
- ^ "Breakthrough for LGBT rights as Hong Kong to recognise same-sex partnerships in spousal visa applications". South China Morning Post. 18 September 2018.
- ^ Gay man sues for right to marry in China’s first same-sex marriage lawsuit South China Morning Post, 6 January 2016
- ^ "Chinese Court Rules Against Gay Couple Seeking To Get Married". The Two-Way. 13 April 2016.
- ^ 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.
- ^ "A new UCC for a new India? Progressive draft UCC allows for same-sex marriages – Catchnews". Catchnews. Retrieved 2017-10-12.
- ^ Das, Shaswati (7 September 2018). "Historic verdict holds hope for same-sex marriages, adoption". Livemint.com.
- ^ CDP to seek Civil Code revisions to recognize same-sex marriage, The Mainichi, 31 December 2018
- ^ Nobuhiro, Emi (3 June 2019). "Japan Opposition Parties Submit Same-Sex Marriage Bill". Bloomberg.
- ^ Milton, Josh (3 June 2019). "Japan opposition parties rally in bid to pass marriage equality". Gay Star News.
- ^ "Japan opposition parties submit same-sex marriage Bill". The Straits Times. 3 June 2019.
- ^ Nepal's Supreme Court OKs same-sex marriage
- ^ All set to get legal status
- ^ "South Korean court rejects film director's same-sex marriage case". The Guardian. 25 May 2016.
- ^ Duffy, Nick (26 May 2016). "South Korea set for more court battles over same-sex marriage ban". Pink News.
- ^ S. Korean court rejects gay couple's appeal over same-sex marriage
- ^ "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.
- ^ Sobel, Ariel (24 August 2018). "Queer Hong Kong Woman Sues for Civil Union Rights". The Advocate.
- ^ Power, Shannon (24 August 2018). "Woman sues Hong Kong government for not allowing same-sex civil partnerships". Gay Star News.
- ^ 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.
- ^ Milton, Josh (26 April 2019). "Hong Kong judge rules religion should not define what marriage is". Gay Star News.
- ^ Glauert, Rik (28 May 2019). "Hong Kong High Court hears landmark same-sex civil partnership case". Gay Star News.
- ^ "It’s civil union, not marriage"
- ^ Thailand to revive gay rights Bill
- ^ Thailand expected to introduce same-sex civil partnerships, independent.co.uk, 27 April 2018
- ^ Thailand Could Actually Beat Taiwan to Legalizing Same-Sex Unions and Benefits
- ^ Braidwood, Ella (2018-11-06). "Thailand could be first country in Asia with same-sex unions". PinkNews.
- ^ Theparat, Chatrudee (25 December 2018). "Cabinet endorses civil partnership bill". Bangkok Post. Retrieved 25 December 2018.
- ^ Sarrubba, Stefania (25 December 2018). "Thailand cabinet approves the first draft of same-sex civil union bill". Gay Star News. Retrieved 25 December 2018.
- ^ "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew. Retrieved 11 May 2017.
- ^ a b "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
- ^ a b c d e f g h i j "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
- ^ "წინარწმენიდან თანასწორობამდე (From Prejudice to Equality), part 2" (PDF). WISG. 2022.
- ^ a b c "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
- ^ Staff (February 13, 2023). "64% favor recognizing same-sex marriage in Japan: Kyodo poll". Kyodo News. Retrieved February 13, 2023.
- ^ Isoda, Kazuaki (February 21, 2023). "Survey: 72% of voters in favor of legalizing gay marriages". The Asahi Shimbun. Retrieved February 27, 2023.
- ^ a b c d e LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.
- ^ "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
- ^ "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.
- ^ Strong, Matthew (19 May 2023). "Support for gay marriage surges in Taiwan 4 years after legalization". Taiwan News. Retrieved 19 May 2023.
- ^ https://www.gaystarnews.com/article/survey-finds-45-believe-same-sex-marriage-inevtiable-in-asia-pacific/
- ^ 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