Recognition of same-sex unions in Asia explained

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]

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)		 Taiwan201923,576,705
Thailand202569,183,173
Subtotal—align=center —92,759,878
(1.9% of the Asian population)
Civil unions
(1 country)		 Cyprusalign=center 20151,117,000
Subtotal—align=center —1,117,000
(0.05% of the Asian population)
Limited cohabitation
(3 countries)
Indiaalign=center 20221,336,740,000
Israelalign=center 20068,910,800
Nepal202429,218,867
Subtotal—align=center —1,374,869,679
(29.71% of the Asian population)
Total—align=center —1,468,746,545
(30.75% of the Asian population)
No recognition
(39 countries)
* same-sex sexual activity illegal		 Afghanistan*—31,575,018
Azerbaijanalign=center —9,898,085
Bahrainalign=center —1,496,300
Bangladesh*align=center —165,159,000
Bhutanalign=center —727,145
Brunei*align=center —422,678
Chinaalign=center —1,393,970,000
East Timoralign=center —1,261,407
align=center —265,015,300
Iran*align=center —81,773,300
Iraq*align=center —39,339,753
Japanalign=center —126,490,000
Jordanalign=center —10,235,500
Kazakhstanalign=center —18,272,400
Kuwait*align=center —4,226,920
Laosalign=center —6,961,210
Lebanonalign=center —6,093,509
Malaysia*align=center —32,663,200
Maldives*align=center —378,114
Myanmar*align=center —53,862,731
North Koreaalign=center —25,610,672
Oman*align=center —4,633,752
Pakistan*align=center —201,938,000
Philippinesalign=center —106,438,000
Qatar*align=center —2,450,285
Saudi Arabia*align=center —33,413,660
Singaporealign=center —5,612,253
South Koreaalign=center —51,635,256
Sri Lanka*align=center —21,444,000
Syria*align=center —18,284,407
Tajikistanalign=center —8,931,000
Turkeyalign=center —80,810,525
Turkmenistan*align=center —5,851,466
United Arab Emirates*align=center —9,541,615
Uzbekistan*align=center —32,653,900
Vietnamalign=center —94,660,000
Yemen*align=center —28,915,284
Subtotal—align=center —2,982,645,645
(65.37% of the Asian population)
Constitutional ban on marriage
(6 countries)
 Armeniaalign=center 20152,969,800
Cambodiaalign=center 199316,069,921
Georgia20183,729,600
Kyrgyzstanalign=center 20166,309,300
Mongoliaalign=center 1992 3,225,080
Russiaalign=center 2020146,877,088
Subtotal—align=center —179,180,789
(3.9% of the Asian population)
Total—align=center —3,161,826,434
(70.54% of the Asian population)

Sub-national level

StatusCountryJurisdictionLegal sinceJurisdiction population(Last Census count)
Marriage(2 jurisdictions) United Kingdom Akrotiri and Dhekelia201415,700
British Indian Ocean Territory20143,000 (military personnel only)
Total18,700

Partially-recognized and unrecognized states

StatusCountrySinceState population
(Last estimate count)
No recognition
(4 states)
* same-sex sexual activity illegal		 Abkhaziaalign=center —242,862
Northern Cyprus313,626
Palestine*[11] align=center —4,780,978
South Ossetiaalign=center —53,532
Total—align=center —5,390,998
(0.1% of the Asian population)

Future legislation

Marriage

Opposition proposals or proposals without a parliamentary majority

A bill was introduced by the opposition Constitutional Democratic Party of Japan in March 2023.[12]

Non-marital partnership

Opposition proposals or proposals without a parliamentary majority

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.[13] 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.[14] 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[15]

Public opinion

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.[16] [17]

See also

Notes and References

  1. Web site: Taiwan's high court paves the way for same-sex marriage, a first in Asia. Los Angeles Times. 24 May 2017. February 6, 2018.
  2. News: Gupta . Sarthak . India Supreme Court expands family rights to LGBTQ+ and unmarried partners . 17 October 2023 . Jurist . Jurist . Bernard Hibbitts . 30 August 2022.
  3. Cohen v. Shushan . 212 . So.3d . 1113 . 2017 . https://www.leagle.com/decision/inflco20170315170 . September 23, 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. https://www.gaystarnews.com/article/same-sex-couples-tie-the-knot-in-cambodia-in-a-stunning-public-ceremony/ Same-sex couples tie the knot in Cambodia in a stunning public ceremony
  5. Web site: Rainbow Community Kampuchea: What we do? . 2019-06-25 . 2018-05-30 . https://web.archive.org/web/20180530035604/http://www.rockcambodia.org/?page=detail&ctype=article&id=262&lg=en . dead .
  6. Web site: Williams . Joe . Another Japanese city to recognise same-sex relationships . Pink News. December 26, 2015. December 26, 2015.
  7. Web site: City in Mie Prefecture to recognize same-sex partnerships in April . Masanori, Hiuchi . . 1 March 2016 . 2016-03-12 . https://web.archive.org/web/20160302100844/http://ajw.asahi.com/article/behind_news/social_affairs/AJ201603010007 . 2016-03-02 . dead .
  8. Web site: 3rd municipality in Japan starts issuing same-sex partnership papers . Japan Today . 3 April 2016 .
  9. Web site: Hong Kong's top court sides with gay civil servant in application for spousal benefit and tax assessment. 2019-06-06. Hong Kong Free Press HKFP. en-GB. 2019-06-06.
  10. Web site: Breakthrough for LGBT rights as Hong Kong to recognise same-sex partnerships in spousal visa applications. South China Morning Post. 18 September 2018.
  11. Same-sex sexual activity legal in the West Bank, illegal in the Gaza Strip.
  12. Web site: Japan opposition party submits bill for same-sex marriage .
  13. Web site: Quismorio . Ellson . July 6, 2022 . Will proposed Civil Partnership Act prosper in 19th Congress? Herrera has fingers crossed . 2024-11-04 . Manila Bulletin . en.
  14. Web site: Bordey . Hana . 2022-08-11 . Padilla wants same-sex unions institutionalized . 2024-11-04 . GMA News Online . en.
  15. https://www.pna.gov.ph/articles/1195220
  16. Web site: Glauert. Rik. 2019-05-30. Survey finds 45% believe same-sex marriage inevtiable in Asia-Pacific. 2021-09-23. Gay Star News. en-GB.
  17. Web site: Legalisation of same-sex marriage will inevitably spread across Asia-Pacific, say nearly half of respondents in new Economist Intelligence Unit (EIU) survey. 2021-09-23. vietnamnews.vn. en.

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