Recognition of same-sex unions in Asia

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Same-sex sexual activity legal
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Marriage performed
Marriage recognized
Other type of partnership
Legal guardianships or unregistered cohabitation
Limited foreign recognition (residency rights)
No recognition of same-sex couples
Restrictions on freedom of expression, not enforced
Severe 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
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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
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe 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

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
(2 countries)
Flag of the Republic of China.svg Taiwan 201923,576,705
Flag of Thailand.svg Thailand 202569,183,173
Subtotal92,759,878
(1.9% of the Asian population)
Civil unions
(1 country)
Flag of Cyprus.svg Cyprus 20151,117,000
Subtotal1,117,000
(0.05% of the Asian population)
Limited cohabitation
(3 countries)
Flag of India.svg India 20221,336,740,000
Flag of Israel.svg Israel 20068,910,800
Flag of Nepal.svg Nepal 202429,218,867
Subtotal1,374,869,679
(29.71% of the Asian population)
Total1,468,746,545
(30.75% of the Asian population)
No recognition
(39 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 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
Subtotal2,982,645,645
(65.37% 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.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)
Total3,161,826,434
(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

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. [11]

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. [12] 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. [13] In February 2023, Davao del Norte 1st District Rep. Pantaleon Alvarez proposed a new Civil Partnership Bill, which allows both same-sex and opposite-sex couples to enter into a civil partnership and enjoy equal rights and protection under the law [14]

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 territoryPollsterYearForAgainstNeutral [lower-alpha 1] Margin
of error
Source
Flag of Armenia.svg Armenia Pew Research Center20153%96%1%±3% [15] [16]
Flag of Cambodia.svg Cambodia Pew Research Center202357%42%1% [17]
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% [18]
Flag of Hong Kong.svg Hong Kong Pew Research Center202358%40%2% [17]
Flag of India.svg India Pew Research Center202353%
43%4%±3.6% [19]
Flag of Indonesia.svg Indonesia Pew Research Center20235%92%3%±3.6% [19]
Flag of Israel.svg Israel Pew Research Center202336%56%8%±3.6% [19]
Flag of Japan.svg Japan Kyodo News202364%
(72%)
25%
(28%)
11% [20]
Asahi Shimbun202372%
(80%)
18%
(20%)
10% [21]
Ipsos202338%40% [31% support some rights]
22% not sure±3.5% [22]
Pew Research Center202368%
26%6%±2.75% [17]
Flag of Kazakhstan.svg Kazakhstan Pew Research Center20167%89%4%- [23] [16]
Flag of Malaysia.svg Malaysia Pew Research Center202317%82%1% [17]
Flag of the Philippines.svg Philippines SWS201822%61%16% [24]
Flag of Russia.svg Russia Ipsos202117%52%-[ citation needed ]
Flag of Singapore.svg Singapore Ipsos202332%
50% [23% support some rights]
19%±3.5% [22]
Pew Research Center202345%51%4% [17]
Flag of South Korea.svg South Korea Ipsos202335%
42% [18% support some rights]
23% not sure±3.5% [22]
Pew Research Center202341%56%3% [17]
Flag of Sri Lanka.svg Sri Lanka Pew Research Center202323%69%8% [17]
Flag of the Republic of China.svg Taiwan CNA202363%37% [25]
Pew Research Center202345%
43%12% [17]
Flag of Thailand.svg Thailand Ipsos202355%
29% [18% support some rights]
16% not sure±3.5% [22]
Pew Research Center202360%32%8% [17]
Flag of Turkey.svg Turkey Ipsos202320%
52% [22% support some rights]
28% not sure±3.5% [lower-alpha 2] [22]
Flag of Vietnam.svg Vietnam Pew Research Center202365%30%5% [17]

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. [26] [27]

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

<span class="mw-page-title-main">Civil union</span> Legal union similar to marriage

A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.

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 1.5 billion people. The most recent jurisdictions to legalize same-sex marriage are Greece and Aruba and Curaçao in the Netherlands. Two more countries, Liechtenstein and Thailand, are set to begin performing same-sex marriages in January 2025.

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, it 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 polling suggests that support for same-sex marriage is rising in China.

Same-sex marriage is legal in Aruba and Curaçao, two constituent countries of the Kingdom of the Netherlands, in accordance with a ruling from the Supreme Court of the Netherlands issued on 12 July 2024. In September 2021, a lower court in Curaçao ruled that preventing same-sex couples from marrying violates the equality provisions of the Constitution of Curaçao, but left the decision of whether to legalise same-sex marriage up to the Parliament of Curaçao. In December 2022, the Joint Court of Justice of Aruba, Curaçao, Sint Maarten, and of Bonaire, Sint Eustatius and Saba ruled on appeal that Aruba's and Curaçao's same-sex marriage bans were unconstitutional. The court order was set to go into effect on 7 March 2023 if not appealed to the Supreme Court; however, the governments of both Curaçao and Aruba subsequently appealed. On 12 July 2024, the Supreme Court upheld the lower court ruling, effectively legalizing same-sex marriage in Aruba and Curaçao with immediate effect.

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">Legal status of same-sex marriage</span>

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 Taiwanese Constitution. 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 would 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">LGBTQ rights in Taiwan</span>

The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the Republic of China (Taiwan) are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007.

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

Lesbian, gay, bisexual, and transgender (LGBTQ) 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>

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.

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. Polling suggests that a significant majority of Japanese people support the legalization of same-sex marriage or partnerships, particularly the younger generation. Politically, the Constitutional Democratic Party, the Japanese Communist Party, the Social Democratic Party, Reiwa Shinsengumi, and Komeito support legalizing same-sex marriage. Nippon Ishin no Kai also supports same-sex marriage, but believes a constitutional amendment is necessary to legalize it. However, the Liberal Democratic Party, which has been in power almost continuously since 1958, remains opposed to it.

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 or civil unions. 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. This was upheld by the Supreme Court of Korea on 19 July 2024.

Singapore does not recognise same-sex marriages or civil unions. In 2022, the Parliament of Singapore passed a constitutional amendment giving itself "the power to define, regulate, protect and promote the institution of marriage".

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.

The recognition of same-sex unions varies by country.

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, 212So.3d1113 (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
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  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.
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  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. "Japan opposition party submits bill for same-sex marriage".
  12. Will proposed Civil Partnership Act prosper in 19th Congress? Herrera has fingers crossed
  13. Padilla wants same-sex unions institutionalized
  14. https://www.pna.gov.ph/articles/1195220
  15. "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew. Retrieved 11 May 2017.
  16. 1 2 "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
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  20. Staff (February 13, 2023). "64% favor recognizing same-sex marriage in Japan: Kyodo poll". Kyodo News. Retrieved February 13, 2023.
  21. Isoda, Kazuaki (February 21, 2023). "Survey: 72% of voters in favor of legalizing gay marriages". The Asahi Shimbun. Retrieved February 27, 2023.
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