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
  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

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

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National level

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Status Country Legal since Country population
(Last Census count)
Marriage
(2 countries)
  Taiwan 2019 23,576,705
  Thailand 2025 69,183,173
Subtotal 92,759,878
(1.9% of the Asian population)
Civil unions
(1 country)
  Cyprus 2015 1,117,000
Subtotal 1,117,000
(0.05% of the Asian population)
Limited cohabitation
(3 countries)
  India 2022 1,336,740,000
  Israel 2006 8,910,800
  Nepal 2024 29,218,867
Subtotal 1,374,869,679
(29.71% of the Asian population)
Total 1,468,746,545
(30.75% of the Asian population)
No recognition
(39 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
  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
  Myanmar* 53,862,731
  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
  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 2,982,645,645
(65.37% of the Asian population)
Constitutional ban on marriage
(6 countries)
  Armenia 2015 2,969,800
  Cambodia 1993 16,069,921
  Georgia 2018 3,729,600
  Kyrgyzstan 2016 6,309,300
  Mongolia 1992 3,225,080
  Russia 2020 146,877,088
Subtotal 179,180,789
(3.9% of the Asian population)
Total 3,161,826,434
(70.54% of the Asian population)

Sub-national level

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Status Country Jurisdiction Legal since Jurisdiction population

(Last Census count)

Marriage

(2 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

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Status Country Since State population
(Last estimate count)
No recognition
(4 states)
* same-sex sexual activity illegal
  Abkhazia 242,862
  Northern Cyprus 313,626
  Palestine*[nb 1] 4,780,978
  South Ossetia 53,532
Total 5,390,998
(0.1% of the Asian population)

Future legislation

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Marriage

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Opposition proposals or proposals without a parliamentary majority

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  Japan: A bill was introduced by the opposition Constitutional Democratic Party of Japan in March 2023.[11]

Non-marital partnership

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Opposition proposals or proposals without a parliamentary majority

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  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

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  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 territory Pollster Year For Against Neutral[a] Margin
of error
Source
  Armenia Pew Research Center 2015 3% 96% 1% ±3% [15][16]
  Cambodia Pew Research Center 2023 57% 42% 1% [17]
  China Ipsos 2021 43% 19% - [citation needed]
  Georgia Women’s Initiatives Supporting Group 2021 10%
(12%)
75%
(88%)
15% [18]
  Hong Kong Pew Research Center 2023 58% 40% 2% [17]
  India Pew Research Center 2023 53%
43% 4% ±3.6% [19]
  Indonesia Pew Research Center 2023 5% 92% 3% ±3.6% [19]
  Israel Pew Research Center 2023 36% 56% 8% ±3.6% [19]
  Japan Kyodo News 2023 64%
(72%)
25%
(28%)
11% [20]
Asahi Shimbun 2023 72%
(80%)
18%
(20%)
10% [21]
Ipsos 2023 38% 40% [31% support some rights]
22% not sure ±3.5% [22]
Pew Research Center 2023 68%
26% 6% ±2.75% [17]
  Kazakhstan Pew Research Center 2016 7% 89% 4% - [23][16]
  Malaysia Pew Research Center 2023 17% 82% 1% [17]
  Philippines SWS 2018 22% 61% 16% [24]
  Russia Ipsos 2021 17% 52% - [citation needed]
  Singapore Ipsos 2023 32%
50% [23% support some rights]
19% ±3.5% [22]
Pew Research Center 2023 45% 51% 4% [17]
  South Korea Ipsos 2023 35%
42% [18% support some rights]
23% not sure ±3.5% [22]
Pew Research Center 2023 41% 56% 3% [17]
  Sri Lanka Pew Research Center 2023 23% 69% 8% [17]
  Taiwan CNA 2023 63% 37% [25]
Pew Research Center 2023 45%
43% 12% [17]
  Thailand Ipsos 2023 55%
29% [18% support some rights]
16% not sure ±3.5% [22]
Pew Research Center 2023 60% 32% 8% [17]
  Turkey Ipsos 2023 20%
52% [22% support some rights]
28% not sure ±3.5% [b] [22]
  Vietnam Pew Research Center 2023 65% 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

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Notes

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  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]

References

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  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, 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.[permanent dead link]
  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. ^ Quismorio, Ellson (July 6, 2022). "Will proposed Civil Partnership Act prosper in 19th Congress? Herrera has fingers crossed". Manila Bulletin. Retrieved 2024-11-04.
  13. ^ Bordey, Hana (2022-08-11). "Padilla wants same-sex unions institutionalized". GMA News Online. Retrieved 2024-11-04.
  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. ^ a b "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
  17. ^ a b c d e f g h i j "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  18. ^ "წინარწმენიდან თანასწორობამდე (From Prejudice to Equality), part 2" (PDF). WISG. 2022.
  19. ^ a b c "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  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.
  22. ^ a b c d e LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.
  23. ^ "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
  24. ^ "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.
  25. ^ Strong, Matthew (19 May 2023). "Support for gay marriage surges in Taiwan 4 years after legalization". Taiwan News. Retrieved 19 May 2023.
  26. ^ Glauert, Rik (2019-05-30). "Survey finds 45% believe same-sex marriage inevtiable in Asia-Pacific". Gay Star News. Retrieved 2021-09-23.
  27. ^ "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.