Recognition of same-sex unions in Asia

Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Foreign same-sex marriages recognized
  Other type of partnership
  Legal guardianships or unregistered cohabitation
(stripes: non-binding certificates)
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison on books, but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

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, 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.[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)		 Taiwan 2019 23,576,705
Subtotal — — 23,576,705
(0.5% of the Asian population)
Recognition of foreign marriage and unregistered cohabitation
(1 country)
Israel 2006 8,910,800
Subtotal — — 8,910,800
(0.2% of the Asian population)
Other types of partnerships
(1 country)		 Cyprus 2015 1,117,000
Subtotal — — 1,117,000
(0.05% of the Asian population)
Total — — 33,604,505
(0.75% of the Asian population)
No recognition
(42 countries)
* same-sex sexual activity illegal		 Afghanistan* — 31,575,018
Azerbaijan — 9,898,085
Bahrain — 1,496,300
Bangladesh* — 165,159,000
Bhutan — 727,145
Brunei* — 422,678
China — 1,393,970,000
East Timor — 1,261,407
India — 1,336,740,000
Indonesia — 265,015,300
Iran* — 81,773,300
Iraq — 39,339,753
Japan — 126,490,000
Jordan — 10,235,500
Kazakhstan — 18,272,400
Kuwait* — 4,226,920
Laos — 6,961,210
Lebanon — 6,093,509
Malaysia* — 32,663,200
Maldives* — 378,114
Mongolia — 3,225,080
Myanmar* — 53,862,731
Nepal — 29,218,867
North Korea — 25,610,672
Oman* — 4,633,752
Pakistan* — 201,938,000
Philippines — 106,438,000
Qatar* — 2,450,285
Saudi Arabia* — 33,413,660
Singapore* — 5,612,253
South Korea — 51,635,256
Sri Lanka* — 21,444,000
Syria* — 18,284,407
Tajikistan — 8,931,000
Thailand — 69,183,173
Turkey — 80,810,525
Turkmenistan* — 5,851,466
United Arab Emirates* — 9,541,615
Uzbekistan* — 32,653,900
Vietnam — 94,660,000
Yemen* — 28,915,284
Subtotal — — 4,421,012,765
(95.5% of the Asian population)
Constitutional ban on marriage
(4 countries)
* foreign same-sex marriages recognised		 Armenia* 2015 2,969,800
Cambodia 1993 16,069,921
Georgia 2018 3,729,600
Kyrgyzstan 2016 6,309,300
Russia 2020 146,877,088
Subtotal — — 175,955,709
(3.8% of the Asian population)
Total — — 4,596,968,474
(99.3% of the Asian population)

Sub-national level
Status Country Jurisdiction Legal since Jurisdiction population

(Last Census count)

Marriage

(7 jurisdictions)

 United Kingdom Akrotiri and Dhekelia 2014 15,700
British Indian Ocean Territory 2014 3,000 (military personnel only)
Total 18,700

Partially-recognized and unrecognized states
Status Country Since State population
(Last estimate count)
No recognition
(3 states)
* same-sex sexual activity illegal		 Abkhazia — 242,862
Northern Cyprus 313,626
Palestine*[nb 1] — 4,780,978
South Ossetia — 53,532
Subtotal — — 5,390,998
(0.1% of the Asian population)
Constitutional ban on marriage
(1 country)		 Artsakh 2006 150,932
Subtotal — — 150,932
(0.003% of the Asian population)
Total — — 5,228,304
(0.1% of the Asian population)

Future legislation
Part of the LGBT rights series
Marriage
Civil unions and
registered partnerships
Common-law marriage
Minimal recognition
See also
Notes
  1. Performed statewide in 25 of 31 states and in Mexico City, in certain municipalities in one other state, and recognized by all states in such cases.
  2. Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  3. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  4. Neither performed nor recognized in six British Overseas Territories.
  5. Neither performed nor recognized in American Samoa or some tribal nations.
  6. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  7. Degree of recognition unknown. No actual cases to date.
  8. The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens.
  9. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  10. Unregistered cohabitation or Maitri Karar–type contractual relationships.
  11. Some cities and prefectures issue certificates for same-sex couples, but they are not legally binding.
  12. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
* Not yet in effect
LGBT portal

Marriage

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.[10] The judge in the case gave the applications license to be heard by the court, though suspended them to first hear another case.[10]

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.[11] There are also several same-sex marriage petitions pending in the courts.[12] An opposition NCP MP introduced a bill to legalize same-sex marriages under the Special Marriages Act on 1 April 2022.[13]

Thailand: In February 2022, by a vote of 219-118, the House of Representatives approved a bill that would allow same-sex marriage but sent it to Cabinet for a 60-day study.[14]

Non-marital partnership

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.[15] The Justice Ministry began discussions on a draft Same Sex Life Partnership Registration Bill in May 2018. 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.[16][17] On 25 December 2018, the Cabinet approved the bill, but it was not approved by the full National Assembly before the 2019 elections. On 8 July 2020, the Cabinet approved a new draft of the bill, which will be introduced in the National Assembly.[18]

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 Pollster Year For Against Neutral[lower-alpha 1] Margin
of error		 Source
Armenia Pew Research Center 2015 3% 96% 1% ±3% [19][20]
Cambodia TNS Cambodia 2015 55% 30% 15% - [21]
China Ipsos 2021 43% 19% -
Georgia Pew Research Center 2016 3% 95% 2% ±4% [19][20]
India Ipsos 2021 44% 18%
Israel Hiddush 2019 55% 45%[22] - - [23]
Japan Asahi Shimbun 2021 65% 22% 13% [24]
Kazakhstan Pew Research Center 2016 7% 89% 4% - [25][20]
Malaysia Ipsos 2021 8% 65% -
Philippines SWS 2018 22% 61% 16% [26]
Russia Ipsos 2021 17% 52% -
Singapore IPS 2019 27% 60% 13% - [27]
South Korea Gallup 2021 38% 52% 11% - [28]
Taiwan Department of Gender Equality (DGE) 2021 60.4% - [29]
Turkey Ipsos 2021 24% 25%
Thailand YouGov 2019 63% 11% 27% - [30]
Vietnam iSEE 2014 34% 53% 13% - [31]
Opinion polls for same-sex marriage by dependent territory and sub-national entities
Country Pollster Year For Against Neutral[lower-alpha 1] Margin
of error		 Source
Hong Kong CUHK 2019 47% 39.5% 13.5% ±3.62% [32]

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]

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.

See also

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. 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").
  3. Same-sex couples tie the knot in Cambodia in a stunning public ceremony, Gay Star News, 24 May 2018
  4. Rainbow Community Kampuchea: What we do?
  5. Williams, Joe (December 26, 2015). "Another Japanese city to recognise same-sex relationships". Pink News. Retrieved December 26, 2015.
  6. 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.
  7. "3rd municipality in Japan starts issuing same-sex partnership papers". Japan Today. 3 April 2016.
  8. "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.
  9. "Breakthrough for LGBT rights as Hong Kong to recognise same-sex partnerships in spousal visa applications". South China Morning Post. 18 September 2018.
  10. "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.
  11. "A new UCC for a new India? Progressive draft UCC allows for same-sex marriages – Catchnews". Catchnews. Retrieved 2017-10-12.
  12. Das, Shaswati (7 September 2018). "Historic verdict holds hope for same-sex marriages, adoption". Livemint.com.
  13. "NCP MP Supriya Sule introduces bill in Parl on legalising same-sex marriage". Hindustan Times. 2022-04-01. Retrieved 2022-04-01.
  14. "House okays same-sex marriage act draft but seeks 60-day Cabinet consideration". nationthailand. 2022-02-10. Retrieved 2022-03-04.
  15. Thailand to revive gay rights Bill
  16. Thailand expected to introduce same-sex civil partnerships, independent.co.uk, 27 April 2018
  17. Thailand Could Actually Beat Taiwan to Legalizing Same-Sex Unions and Benefits
  18. "Thailand Leads Way in Southeast Asia With Same-Sex Union Bill". Bloomberg.com. 2020-07-08. Retrieved 2020-07-10.
  19. "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew. Retrieved 11 May 2017.
  20. "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
  21. TNS Research Report on Opinions Attitudes and Behavior toward the LGBT Population in Cambodia
  22. Of which, 23% were in favor of some kind of civil unions
  23. Einhorn, Alon (7 June 2019). "54% OF RELIGIOUS JEWS SUPPORT GAY MARRIAGE, PARTNERSHIP". The Jerusalem Post.
  24. "同性婚、法律で「認めるべき」65%　朝日新聞世論調査". The Asahi Shimbun. March 2021.
  25. "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
  26. "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.
  27. Results were SSM is: always wrong (48.5%), almost always wrong (11.5%), only wrong sometimes (13.1%), not wrong most of the time (10.5%), not wrong at all (16.4%).
    "Religion, Morality and Conservatism in Singapore" (PDF). Institute of Policy Studies. 2 May 2019. Retrieved 2 May 2019.
  28. "데일리 오피니언 제448호(2021년 5월 3주) - 코로나19 정부 대응 평가·이유, 동성결혼 법제화, 동성애 관련 인식" (in Korean). Gallup. 20 May 2021. Retrieved 30 March 2022.
  29. https://focustaiwan.tw/society/202105230004
  30. Kamolvattanavith, Teirra (February 18, 2019). "3 in 5 Thais support same-sex civil partnerships: survey". Coconuts Bangkok. Retrieved May 14, 2019.
  31. "One in three Vietnamese support marriage equality". GayStarNews. March 31, 2014. Archived from the original on April 26, 2014.
  32. "Survey Findings on Public Opinion on Legalisation and the Spousal Rights of Same-sex Marriage in Hong Kong". Chinese University of Hong Kong. 6 July 2019.
  33. Glauert, Rik (2019-05-30). "Survey finds 45% believe same-sex marriage inevtiable in Asia-Pacific". Gay Star News. Retrieved 2021-09-23.
  34. "Legalisation of same-sex marriage will inevitably spread across Asia-Pacific, say nearly half of respondents in new Economist Intelligence Unit (EIU) survey". vietnamnews.vn. Retrieved 2021-09-23.
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