| Part of the LGBTQ rights series |
 LGBTQportal |
Myanmar does not recognise same-sex marriage or civil unions. Burmese law recognises different family laws for its four main religions, Buddhism, Christianity, Islam and Hinduism, none of which permit same-sex unions. [1]
On 18 November 2013, a man and a transgender woman were married in Mawlamyine, drawing "harsh criticism and threats in the local community and from authorities". [2] In March 2014, a same-sex couple, Myo Min Htet and Tin Ko Ko, held a wedding ceremony in Yangon in traditional Burmese clothing after having lived together for 10 years. [3] [4] The marriage was performed in front of 200 friends and family members, but lacks legal recognition in Myanmar. The Diplomat called the ceremony "a huge victory for the country's LGBT community, considering the climate of harassment and oppression of marginalized groups under the former military junta". [5] It triggered backlash from social conservatives, who queried why the anti-homosexuality laws had not been enforced against the couple. [6] Indeed, same-sex sexual relations are outlawed in Myanmar under a colonial-era law introduced during the time of the British Raj. [7]
In May 2024, a lesbian couple were married at a pride parade in Chiang Mai, Thailand. "This is an opportunity we cannot get in our country," said the couple, who cited Myanmar's laws and the "frequent abuse, discrimination and imprisonment" under the military junta that came to power after the 2021 coup d'état as their reasons for fleeing Myanmar. [8]
Similarly to India, Myanmar has different family laws according to the religion or community of the parties, originating due to Myanmar's former status as part of the British Raj. The Myanmar Customary Law (Burmese : မြန်မာ့ဓလေ့ထုံးတမ်းဥပဒေ, Myanmar Dhalaehtonetam Upaday) is the law that applies to all Buddhists. [9] It mainly concerns family matters such as marriage, divorce, matrimonial rights and inheritance. The Myanmar Customary Law is not a written, enacted law. It has been developed by the courts and individual pieces of legislation (such as the Buddhist Women's Special Marriage Law ), as well as some principles of Dhammathats , general principles in accordance with modern customs and habits of Buddhists. Customary law requires that in order to form a valid Buddhist marriage: [9]
Family laws for Myanmar's three other officially recognised religions, Christianity, Islam and Hinduism, do not recognise same-sex marriages. These personal laws largely consist of case law, although there are some pieces of legislation which have been passed by the various parliaments of Myanmar, based on similar laws passed in British India during the colonial period. [1] The Christian Marriage Act, 1872 regulates the marriage and divorce of Christians. A Christian marriage may be solemnised "by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister", and requires that "the age of the man intending to be married shall exceed sixteen years, and the age of the woman intending to be married shall exceed thirteen years". [10] Islamic family law consists of court precedents, requiring that "every Muslim of sound mind and having reached the age of majority may enter into a contract of marriage, in the presence of the witnesses." A Muslim female who is under 18 years of age and not less than 16 years of age may enter into a contract of marriage with the agreement of her legal guardians. [11]
The Special Marriage Act 1872 (Burmese : အထူးထိမ်းမြားခြင်းဆိုင်ရာအက်ဥပဒေ ၁၈၇၂, Aahtuu Htaimmyarrhkyinn Sineraraaatupaday 1872) provides for marriages "between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muhammadan, or the Parsi or the Buddhist, or the Sikh or the Jaina religion or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion". The act allows for interfaith marriages, and does not explicitly forbid same-sex marriages. However, it generally assumes that the parties to a marriage are not of the same sex. With regard to whom may marry, the act states that "the man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar". [12]
Today, many young couples apply to marry in front of a judge or a magistrate, and swear an oath and sign affidavits, in the presence of two witnesses, stating their eligibility and intention to marry. [9] Same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including adoption and inheritance rights, among others. [9] In November 2013, human rights activist Aung Myo Min called for the legalization of same-sex marriage, "All people have their own rights. They have right to get married to whoever they want. Men can marry men, women can marry women. This is their private right." [2] The legalisation of same-sex marriage in Thailand received some media coverage in Myanmar. [13] [14]
A civil marriage is a marriage performed, recorded, and recognized by a government official. Such a marriage may be performed by a religious body and recognized by the state, or it may be entirely secular.
Same-sex marriage has been legal in South Africa since the Civil Union Act, 2006 came into force on 30 November 2006. The decision of the Constitutional Court in the case of Minister of Home Affairs v Fourie on 1 December 2005 extended the common-law definition of marriage to include same-sex spouses—as the Constitution of South Africa guarantees equal protection before the law to all citizens regardless of sexual orientation—and gave Parliament one year to rectify the inequality in the marriage statutes. On 14 November 2006, the National Assembly passed a law allowing same-sex couples to legally solemnise their union 229 to 41, which was subsequently approved by the National Council of Provinces on 28 November in a 36 to 11 vote, and the law came into effect two days later.
The Marriage Act 1961(Cth) is an act of the Parliament of Australia which regulates marriage in Australia. Since its passage in 1961, it has been amended on numerous occasions and applies uniformly throughout Australia (including its external territories); and any law made by a state or territory inconsistent with the Act is invalid. The Act was made under the power granted to the federal parliament under section 51(xxi) of the Australian Constitution. Before the passage of the Act, each state and territory had its own marriage laws. The Act only recognises monogamous marriages that comply with the requirements of the Act; other forms of union, including traditional Aboriginal marriages, are not recognised. However, the Family Law Act 1975 treats de facto relationships and polygamous marriages as marriages for the purpose of recognising the rights of parties at a breakup. Since 2009, the Family Law Act 2009 has also recognised the property rights of each partner of de facto relationships on separation.
Conflict of marriage laws is the conflict of laws with respect to marriage in different jurisdictions. When marriage-related issues arise between couples with diverse backgrounds, questions as to which legal systems and norms should be applied to the relationship naturally follow with various potentially applicable systems frequently conflicting with one another.
Marriage law is the body of legal specifications and requirements and other laws that regulate the initiation, continuation, and validity of marriages, an aspect of family law, that determine the validity of a marriage, and which vary considerably among countries in terms of what can and cannot be legally recognized by the state.
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.
Lesbian, gay, bisexual, transgender and queer (LGBTQ+)-affirming religious groups are religious groups that welcome LGBT people as their members, do not consider homosexuality as a sin or negative, and affirm LGBT rights and relationships. They include entire religious denominations, as well as individual congregations and places of worship. Some groups are mainly composed of non-LGBTQ+ members and they also have specific programs to welcome LGBTQ+ people into them, while other groups are mainly composed of LGBTQ+ members.
In Israel, marriage can be performed only under the auspices of the religious community to which couples belong, and inter-faith marriages performed within the country are not legally recognized. However, marriages performed abroad or remotely via videoconference must be registered by the government. Matrimonial law is based on the millet or confessional community system which had been employed in the Ottoman Empire, including what is now Israel, was not modified during the British Mandate of the region, and remains in force in the State of Israel.
Lesbian, gay, bisexual, and transgender (LGBT) people in Myanmar face severe challenges not experienced by non-LGBT residents. Same-sex sexual activity is illegal and section 377 of Myanmar's Penal Code 1861, enacted in 1886, subjects same-sex sexual acts to a term of imprisonment of up to 20 years in prison. Heterosexual anal intercourse and oral sex are also illegal. Transgender people are subject to police harassment and sexual assault, and their gender identity is not recognised by the state. During the country's long military dictatorship under the authoritarian State Peace and Development Council between 1988 and 2011, it was difficult to obtain accurate information about the legal or social status of LGBT Burmese citizens. Following the 2011–2015 Myanmar political reforms, improvements in media and civil freedoms have allowed LGBTQ people to gain more visibility and support in the country. Despite the 2015 electoral victory of the National League for Democracy, which promised improved human rights and whose leader Aung San Suu Kyi had once called for the decriminalisation of homosexuality, there have been no changes to anti-LGBT laws. Nevertheless, LGBT activists have noted a growing climate of societal acceptance and tolerance toward LGBT people, in line with worldwide trends.
Many views are held or have been expressed by religious organisation in relation to same-sex marriage. Arguments both in favor of and in opposition to same-sex marriage are often made on religious grounds and/or formulated in terms of religious doctrine. Although many of the world's religions are opposed to same-sex marriage, the number of religious denominations that are conducting same-sex marriages have been increasing since 2010. Religious views on same-sex marriage are closely related to religious views on homosexuality.
India does not recognise same-sex marriage, civil unions or other forms of partnerships, but provides some limited legal recognition to cohabiting same-sex couples in the form of live-in relationships. Several same-sex couples have married in traditional Hindu ceremonies since the late 1980s; however, these marriages are not registered with the state and couples do not enjoy all the same rights and benefits as married opposite-sex couples. The Supreme Court of India in August 2022 provided social security rights to those in same-sex live-in relationships while also recognising same-sex couples as being part of a "family unit".
The relationship between religion and lesbian, gay, bisexual, transgender and queer (LGBTQ) people can vary greatly across time and place, within and between different religions and sects, and regarding different forms of homosexuality, bisexuality, non-binary, and transgender identities. More generally, the relationship between religion and sexuality ranges widely among and within them, from giving sex and sexuality a rather negative connotation to believing that sex is the highest expression of the divine.
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".
Marriage in Australia is regulated by the federal government, which is granted the power to make laws regarding marriage by section 51(xxi) of the constitution. The Marriage Act 1961 applies uniformly throughout Australia to the exclusion of all state laws on the subject.
During the British Colonial regime, the position of a non-Buddhist husband and Myanmar Buddhist wife was very unfavorable. While there is no provision in the Dhammathats that a Buddhist woman cannot marry another religious man, in this period, the Buddhist woman who married a non-Buddhist man almost lost her rights to divorce, inheritance, succession and their child's legal status. Almost all matters of divorce, inheritance, succession, partition and guardianship of children were decided by a foreign judge.
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.
Barbados does not recognise same-sex unions. In September 2020, the government announced its intention to enact civil unions for same-sex couples, providing several of the rights, benefits and obligations of marriage. It also announced the possibility of holding a referendum on legalising same-sex marriage.
Same-sex marriage is not legal in Namibia. On 16 May 2023, the Supreme Court ruled 4–1 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling has passed the Parliament of Namibia and awaits President Nangolo Mbumba's signature.
Eswatini does not recognise same-sex marriages or civil unions. The Marriage Act, 1964 does not provide for the recognition of same-sex unions.
Mauritius does not recognise same-sex marriages or civil unions. The Civil Code of Mauritius does not provide for the recognition of same-sex unions.
Status of same-sex unions around the world | ||
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| Europe |
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| Oceania |
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| Antarctica |
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