Recognition of same-sex unions in Asia

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Laws regarding homosexuality in Asia
Same-sex sexual activity legal
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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
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e Asia homosexuality laws.svg
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.

Contents

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

StatusCountryLegal sinceCountry population
(Last Census count)
Marriage
(1 country)
Flag of the Republic of China.svg Taiwan 201923,576,705
Subtotal23,576,705
(0.6% of the Asian population)
Legislation partially recognised
(1 country)
Flag of Nepal.svg Nepal 202329,218,867
Subtotal29,218,867
(0.6% of the Asian population)
Unregistered cohabitation
(2 countries)
Flag of India.svg India 20221,336,740,000
Flag of Israel.svg Israel 20068,910,800
Subtotal1,345,650,800
(29,11% of the Asian population)
Other types of partnerships
(1 country)
Flag of Cyprus.svg Cyprus 20151,117,000
Subtotal1,117,000
(0.05% of the Asian population)
Total1,361,433,705
(29,45% of the Asian population)
No recognition
(40 countries)
* same-sex sexual activity illegal
Flag of the Taliban.svg Afghanistan*31,575,018
Flag of Azerbaijan.svg Azerbaijan 9,898,085
Flag of Bahrain.svg Bahrain 1,496,300
Flag of Bangladesh.svg Bangladesh*165,159,000
Flag of Bhutan.svg Bhutan 727,145
Flag of Brunei.svg Brunei*422,678
Flag of the People's Republic of China.svg China 1,393,970,000
Flag of East Timor.svg East Timor 1,261,407
Flag of Indonesia.svg Indonesia 265,015,300
Flag of Iran.svg Iran*81,773,300
Flag of Iraq.svg Iraq 39,339,753
Flag of Japan.svg Japan 126,490,000
Flag of Jordan.svg Jordan 10,235,500
Flag of Kazakhstan.svg Kazakhstan 18,272,400
Flag of Kuwait.svg Kuwait*4,226,920
Flag of Laos.svg Laos 6,961,210
Flag of Lebanon.svg Lebanon 6,093,509
Flag of Malaysia.svg Malaysia*32,663,200
Flag of Maldives.svg Maldives*378,114
Flag of Myanmar.svg Myanmar*53,862,731
Flag of North Korea.svg North Korea 25,610,672
Flag of Oman.svg Oman*4,633,752
Flag of Pakistan.svg Pakistan*201,938,000
Flag of the Philippines.svg Philippines 106,438,000
Flag of Qatar.svg Qatar*2,450,285
Flag of Saudi Arabia.svg Saudi Arabia*33,413,660
Flag of Singapore.svg Singapore 5,612,253
Flag of South Korea.svg South Korea 51,635,256
Flag of Sri Lanka.svg Sri Lanka*21,444,000
Flag of Syria.svg Syria*18,284,407
Flag of Tajikistan.svg Tajikistan 8,931,000
Flag of Thailand.svg Thailand 69,183,173
Flag of Turkey.svg Turkey 80,810,525
Flag of Turkmenistan.svg Turkmenistan*5,851,466
Flag of the United Arab Emirates.svg United Arab Emirates*9,541,615
Flag of Uzbekistan.svg Uzbekistan*32,653,900
Flag of Vietnam.svg Vietnam 94,660,000
Flag of Yemen.svg Yemen*28,915,284
Subtotal3,051,828,818
(66.67% of the Asian population)
Constitutional ban on marriage
(6 countries)
Flag of Armenia.svg Armenia 20152,969,800
Flag of Cambodia.svg Cambodia 199316,069,921
Flag of Georgia.svg Georgia 20183,729,600
Flag of Kyrgyzstan (2023).svg Kyrgyzstan 20166,309,300
Flag of Mongolia.svg Mongolia 19923,225,080
Flag of Russia.svg Russia 2020146,877,088
Subtotal179,180,789
(3.9% of the Asian population)
Total3,260,228,474
(70,54% of the Asian population)

Sub-national level

StatusCountryJurisdictionLegal sinceJurisdiction population

(Last Census count)

Marriage

(2 jurisdictions)

Flag of the United Kingdom.svg United Kingdom Flag of the United Kingdom.svg Akrotiri and Dhekelia 201415,700
Flag of the Commissioner of the British Indian Ocean Territory.svg British Indian Ocean Territory 20143,000 (military personnel only)
Total18,700

Partially-recognized and unrecognized states

StatusCountrySinceState population
(Last estimate count)
No recognition
(4 states)
* same-sex sexual activity illegal
Flag of the Republic of Abkhazia.svg Abkhazia 242,862
Flag of the Turkish Republic of Northern Cyprus.svg Northern Cyprus 313,626
Flag of Palestine.svg Palestine* [nb 1] 4,780,978
Flag of South Ossetia.svg South Ossetia 53,532
Total5,390,998
(0.1% of the Asian population)

Future legislation

Marriage

Government proposals

Flag of Thailand.svg  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

Flag of Japan.svg  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

Flag of the Philippines.svg  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 territoryPollsterYearForAgainstNeutral [lower-alpha 1] Margin
of error
Source
Flag of Armenia.svg Armenia Pew Research Center20153%96%1%±3% [22] [23]
Flag of Cambodia.svg Cambodia Pew Research Center202357%42%1% [24]
Flag of the People's Republic of China.svg China Ipsos202143%19%-[ citation needed ]
Flag of Georgia.svg Georgia Women’s Initiatives Supporting Group202110%
(12%)
75%
(88%)
15% [25]
Flag of Hong Kong.svg Hong Kong Pew Research Center202358%40%2% [24]
Flag of India.svg India Pew Research Center202353%
43%4%±3.6% [26]
Flag of Indonesia.svg Indonesia Pew Research Center20235%92%3%±3.6% [26]
Flag of Israel.svg Israel Pew Research Center202336%56%8%±3.6% [26]
Flag of Japan.svg Japan Kyodo News202364%
(72%)
25%
(28%)
11% [27]
Asahi Shimbun202372%
(80%)
18%
(20%)
10% [28]
Ipsos202338%40% [31% support some rights]
22% not sure±3.5% [29]
Pew Research Center202368%
26%6%±2.75% [24]
Flag of Kazakhstan.svg Kazakhstan Pew Research Center20167%89%4%- [30] [23]
Flag of Malaysia.svg Malaysia Pew Research Center202317%82%1% [24]
Flag of the Philippines.svg Philippines SWS201822%61%16% [31]
Flag of Russia.svg Russia Ipsos202117%52%-[ citation needed ]
Flag of Singapore.svg Singapore Ipsos202332%
50% [23% support some rights]
19%±3.5% [29]
Pew Research Center202345%51%4% [24]
Flag of South Korea.svg South Korea Ipsos202335%
42% [18% support some rights]
23% not sure±3.5% [29]
Pew Research Center202341%56%3% [24]
Flag of Sri Lanka.svg Sri Lanka Pew Research Center202323%69%8% [24]
Flag of the Republic of China.svg Taiwan CNA202363%37% [32]
Pew Research Center202345%
43%12% [24]
Flag of Thailand.svg Thailand Ipsos202355%
29% [18% support some rights]
16% not sure±3.5% [29]
Pew Research Center202360%32%8% [24]
Flag of Turkey.svg Turkey Ipsos202320%
52% [22% support some rights]
28% not sure±3.5% [lower-alpha 2] [29]
Flag of Vietnam.svg Vietnam Pew Research Center202365%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]

Related Research Articles

Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.3 billion people. The most recent country to legalise same-sex marriage is Greece.

Same-sex adoption is the adoption of children by same-sex couples. It may take the form of a joint adoption by the couple, or of the adoption by one partner of the other's biological child.

Israel has granted unregistered cohabitation for same-sex couples since 1994, in the form of common-law marriage, a status that until then was only extended to opposite-sex couples. Following lawsuits, same-sex couples enjoy several spousal benefits (1994–1996) and the right of same-sex partners of civil service employees to survivor benefits (1998).

Same-sex marriage has been legally recognized in New Jersey since October 21, 2013, the effective date of a trial court ruling invalidating the state's restriction of marriage to persons of different sexes. In September 2013, Mary C. Jacobson, Assignment Judge of the Mercer Vicinage of the Superior Court, ruled that as a result of the U.S. Supreme Court's June 2013 decision in United States v. Windsor, the Constitution of New Jersey requires the state to recognize same-sex marriages. The Windsor decision held that the federal government was required to provide the same benefits to same-sex couples who were married under state law as to other married couples. Therefore, the state court reasoned in Garden State Equality v. Dow that, because same-sex couples in New Jersey were limited to civil unions, which are not recognized as marriages under federal law, the state must permit civil marriage for same-sex couples. This ruling, in turn, relied on the 2006 decision of the New Jersey Supreme Court in Lewis v. Harris that the state was constitutionally required to afford the rights and benefits of marriage to same-sex couples. The Supreme Court had ordered the New Jersey Legislature to correct the constitutional violation, by permitting either same-sex marriage or civil unions with all the rights and benefits of marriage, within 180 days. In response, the Legislature passed a bill to legalize civil unions on December 21, 2006, which became effective on February 19, 2007.

China does not recognize same-sex marriage or civil unions. Since 1 October 2017, couples have been able to enter into guardianship agreements, offering partners some limited legal benefits, including decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. Attempts to legalise same-sex marriage in 2020 were unsuccessful, but public opinion polls show that support for same-sex marriage is rising in China.

Lithuania does not recognise same-sex marriages or civil unions. A bill to grant same-sex couples some limited legal rights and benefits is pending in the Seimas.

<span class="mw-page-title-main">LGBT rights in Thailand</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Thailand have several but not all of the same rights as non-LGBT people. Both male and female types of same-sex sexual activity are legal in Thailand, and same-sex marriage rights within the nation are pending legalisation. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.

<span class="mw-page-title-main">Legal status of same-sex marriage</span> Overview of the legal status of same-sex marriage

The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.

Same-sex marriage has been legal in Taiwan since 24 May 2019, making it the first country in Asia to legalize same-sex marriage. On 24 May 2017, the Constitutional Court ruled that the marriage law was unconstitutional, and that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Constitution of the Republic of China. The ruling gave the Legislative Yuan two years to bring the law into compliance, after which registration of such marriages would come into force automatically. In November 2018, the Taiwanese electorate passed referendums to prevent recognition of same-sex marriages in the Civil Code. The government responded by confirming that it will not amend the existing marriage laws in the Civil Code, but rather prepare a separate law for same-sex couples.

Marriage in Israel is regulated by the religious courts of recognized confessional communities, none of which perform inter-faith or same-sex marriage. Domestic civil marriage is not recognized in Israel; however, civil marriages performed in foreign jurisdictions, including same-sex marriages, are recognized with full marital rights under Israeli law.

<span class="mw-page-title-main">LGBT rights in Hong Kong</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.

<span class="mw-page-title-main">Recognition of same-sex unions in Europe</span> Legal recognition of same-sex relationships in Europe

Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.

Cambodia does not recognize same-sex marriage or civil unions, but does recognize a registry program known as the "declaration of family relationship" offering limited legal rights to same-sex couples. As of June 2021, the registry has been introduced to 68 communes. Same-sex marriage has received support from King Norodom Sihamoni and his late father, King Norodom Sihanouk.

Japan does not recognize same-sex marriages or civil unions. Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition. Most polls conducted since 2013 have found that a majority of Japanese people support the legalization of same-sex marriage or partnerships, and a 2018 poll found it supported by an overwhelming majority of those under the age of 60.

Ukraine does not recognize same-sex marriage or civil unions. The Constitution of Ukraine defines marriage as between "a woman and a man". The issue of legal recognition for same-sex couples has become particularly acute after the start of Ukraine's accession to the European Union in 2022 and the Russian large-scale invasion of Ukraine during the Russo-Ukrainian War.

South Korea does not recognize same-sex marriage, civil unions or any other form of legal union for same-sex couples. On 21 February 2023, an appellate court ruled that government health insurance should offer spousal coverage to same-sex couples, the "first legal recognition of social benefits for same-sex couples" in South Korea.

<span class="mw-page-title-main">Recognition of same-sex unions in Singapore</span>

Currently, there is no legal recognition of same-sex unions in Singapore.

<span class="mw-page-title-main">Recognition of same-sex unions in Oceania</span>

[[File:Same-sex marriage map Oceania.svg|thumb|300px||1.5|Recognition of same-sex relationships in Oceania {{legend-shell|lang=en|title=Laws regarding same-sex sexuality in Oceania|

Hong Kong does not recognise same-sex marriages or civil unions. However, same-sex couples are afforded limited legal rights as a result of several court decisions, including the right to apply for a spousal visa, spousal benefits for the partners of government employees, and guardianship rights and joint custody of children.

Thailand does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitations, or any other form of same-sex unions. Several bills for civil partnerships and same-sex marriage have been introduced and approved by the Thai cabinet since 2012 but failed to pass parliament.

References

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  21. Padilla wants same-sex unions institutionalized
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