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. In March 2023, the Supreme Court of Nepal ordered the Nepali government to legally recognize a same-sex marriage performed overseas and to legislate for same-sex marriage.[2]

Israel recognises unregistered cohabitation for same-sex couples.[3] Several cities in Cambodia provide same-sex couples with some limited rights and benefits, including hospital visitation rights.[4][5] Some cities in Japan issue certificates for same-sex couples, however they are entirely symbolic.[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
Status Country Legal since Country population
(Last Census count)
Marriage
(1 country)		 Taiwan Taiwan 2019 23,576,705
Subtotal — — 23,576,705
(0.6% of the Asian population)
Recognition of foreign marriage and unregistered cohabitation
(2 countries)
Israel Israel 2006 8,910,800
Nepal Nepal 2023 [2] 29,218,867
Subtotal — — 38,129,667
(0.8% of the Asian population)
Other types of partnerships
(1 country)		 Cyprus Cyprus 2015 1,117,000
Subtotal — — 1,117,000
(0.05% of the Asian population)
Total — — 62,823,372
(1.36% of the Asian population)
No recognition
(41 countries)
* same-sex sexual activity illegal		 Afghanistan Afghanistan* — 31,575,018
Azerbaijan Azerbaijan — 9,898,085
Bahrain Bahrain — 1,496,300
Bangladesh Bangladesh* — 165,159,000
Bhutan Bhutan — 727,145
Brunei Brunei* — 422,678
China China — 1,393,970,000
East Timor East Timor — 1,261,407
India India — 1,336,740,000
Indonesia Indonesia — 265,015,300
Iran Iran* — 81,773,300
Iraq Iraq — 39,339,753
Japan Japan — 126,490,000
Jordan Jordan — 10,235,500
Kazakhstan Kazakhstan — 18,272,400
Kuwait Kuwait* — 4,226,920
Laos Laos — 6,961,210
Lebanon Lebanon — 6,093,509
Malaysia Malaysia* — 32,663,200
Maldives Maldives* — 378,114
Mongolia Mongolia — 3,225,080
Myanmar Myanmar* — 53,862,731
North Korea North Korea — 25,610,672
Oman Oman* — 4,633,752
Pakistan Pakistan* — 201,938,000
Philippines Philippines — 106,438,000
Qatar Qatar* — 2,450,285
Saudi Arabia Saudi Arabia* — 33,413,660
Singapore Singapore — 5,612,253
South Korea South Korea — 51,635,256
Sri Lanka Sri Lanka* — 21,444,000
Syria Syria* — 18,284,407
Tajikistan Tajikistan — 8,931,000
Thailand Thailand — 69,183,173
Turkey Turkey — 80,810,525
Turkmenistan Turkmenistan* — 5,851,466
United Arab Emirates United Arab Emirates* — 9,541,615
Uzbekistan Uzbekistan* — 32,653,900
Vietnam Vietnam — 94,660,000
Yemen Yemen* — 28,915,284
Subtotal — 4,391,793,898
(94.9% of the Asian population)
Constitutional ban on marriage
(5 countries)
 Armenia Armenia 2015 2,969,800
Cambodia Cambodia 1993 16,069,921
Georgia (country) Georgia 2018 3,729,600
Kyrgyzstan Kyrgyzstan 2016 6,309,300
Russia 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

(2 jurisdictions)

 United Kingdom United Kingdom United Kingdom Akrotiri and Dhekelia 2014 15,700
British Indian Ocean Territory 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
(4 states)
* same-sex sexual activity illegal		 Abkhazia Abkhazia — 242,862
Northern Cyprus Northern Cyprus 313,626
State of Palestine Palestine*[nb 1] — 4,780,978
South Ossetia South Ossetia — 53,532
Subtotal — — 5,390,998
(0.1% of the Asian population)
Constitutional ban on marriage
(1 country)		 Republic of Artsakh 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 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.
  2. Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. Neither performed nor recognized in six British Overseas Territories.
  4. Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Cohabitation. Registered foreign marriages confer limited rights. Marriage recognized in some cities.
  6. 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.
  7. Legal guardianships (nationwide, except Hong Kong and Macau), residency rights for foreign spouses of legal residents (Hong Kong).
  8. Unregistered cohabitation or Maitri karar–type contractual relationships, but they are not legally binding.
  9. Some cities and prefectures issue partnership certificates, though not legally formalized.
  10. Marriages conducted abroad between a Namibian national and a foreign spouse
  11. Foreign same-sex spouses are eligible for a "Non-Tourist Visa" as a dependent.
  12. Hospital visitation rights through a "legal representative" status
* Not yet in effect
LGBT portal

Opposition proposals or proposals without a parliamentary majority

India 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]

Japan Japan: A bill has been introduced by the Constitutional Democratic Party of Japan.[14]

Opposition proposals or proposals without a parliamentary majority

Philippines Philippines: In 2022, two same-sex civil union bills have been 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.[15] In August 2022, Muslim 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.[16]

South Korea South Korea: The opposition Basic Income Party introduced the Life Partnership Relations Act on 26 April 2023. The bill would recognize diverse families including same-sex couples. It has not yet been debated in the National Assembly.[17]

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 Armenia Pew Research Center 2015 3% 96% 1% ±3% [18][19]
Cambodia Cambodia TNS Cambodia 2015 55% 30% 15% - [20]
China China Ipsos 2021 43% 19% -
Georgia (country) Georgia Women’s Initiatives Supporting Group 2021 10%
(12%)		 75%
(88%)		 15% [21]
India India Ipsos 2021 44% 18%
Israel Israel Hiddush 2019 55% 45%[22] - - [23]
Japan Japan Kyodo News 2023 71%
 26%
 3% [24]
Asahi Shimbun 2023 72%
(80%)		 18%
(20%)		 10% [25]
Ipsos 2021 40%
(53%)		 35% [29% support some rights]
(47%)		 25% not sure ±3.5% [26]
Kazakhstan Kazakhstan Pew Research Center 2016 7% 89% 4% - [27][19]
Malaysia Malaysia Ipsos 2021 8% 65% -
Philippines Philippines SWS 2018 22% 61% 16% [28]
Russia Russia Ipsos 2021 17% 52% -
Singapore Singapore IPS 2019 27% 60% 13% - [29]
South Korea South Korea Gallup 2021 38% 52% 11% - [30]
Taiwan Taiwan Department of Gender Equality (DGE) 2021 60.4% - [31]
Thailand Thailand YouGov 2019 63% 11% 27% - [32]
Turkey Turkey Ipsos 2021 24% 25%
Vietnam Vietnam iSEE 2014 34% 53% 13% - [33]
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 Hong Kong CUHK 2019 47% 39.5% 13.5% ±3.62% [34]

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.[35][36]

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.

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. Dulal, Madhav (20 March 2023). "Supreme Court's historic decision, recognizing same-sex marriage (full text of the order and video)". Pahichan.
  3. 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").
  4. Same-sex couples tie the knot in Cambodia in a stunning public ceremony, Gay Star News, 24 May 2018
  5. "Rainbow Community Kampuchea: What we do?". Archived from the original on 2018-05-30. Retrieved 2019-06-25.
  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.
  8. "3rd municipality in Japan starts issuing same-sex partnership papers". Japan Today. 3 April 2016.
  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. "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. "Japan opposition party submits bill for same-sex marriage".
  15. Will proposed Civil Partnership Act prosper in 19th Congress? Herrera has fingers crossed
  16. Padilla wants same-sex unions institutionalized
  17. "Proposed bill aims to embrace more diverse types of families". koreatimes. 2023-05-07. Retrieved 2023-05-07.
  18. "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew. Retrieved 11 May 2017.
  19. "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
  20. TNS Research Report on Opinions Attitudes and Behavior toward the LGBT Population in Cambodia
  21. "წინარწმენიდან თანასწორობამდე (From Prejudice to Equality), part 2" (PDF). WISG. 2022.
  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. "Japan split over parliament debate on Constitution revision: poll". The Mainichi. 2 May 2023.
  25. Isoda, Kazuaki (February 21, 2023). "Survey: 72% of voters in favor of legalizing gay marriages". The Asahi Shimbun. Retrieved February 27, 2023.
  26. LGBT+ PRIDE 2021 GLOBAL SURVEY (PDF). Ipsos. 21 June 2021. Retrieved 2 August 2021.
  27. "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
  28. "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.
  29. 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.
  30. "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.
  31. https://focustaiwan.tw/society/202105230004
  32. Kamolvattanavith, Teirra (February 18, 2019). "3 in 5 Thais support same-sex civil partnerships: survey". Coconuts Bangkok. Retrieved May 14, 2019.
  33. "One in three Vietnamese support marriage equality". GayStarNews. March 31, 2014. Archived from the original on April 26, 2014.
  34. "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.
  35. Glauert, Rik (2019-05-30). "Survey finds 45% believe same-sex marriage inevtiable in Asia-Pacific". Gay Star News. Retrieved 2021-09-23.
  36. "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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