Recognition_of_same-sex_unions_in_Asia

Recognition of same-sex unions in Asia

Recognition of same-sex unions in Asia

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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
  Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison 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]

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

More information Status, Country ...

Sub-national level

More information Status, Country ...

Partially-recognized and unrecognized states

More information Status, Country ...

Future legislation

Marriage

Government proposals

 Thailand: In November 2023 Prime Minister Srettha Thavisin of the Pheu Thai Party announced that his Cabinet had approved a draft same-sex marriage law,[11] which Parliament began to debate on 21 December 2023.[12] Besides the government's version of the draft bill, three additional versions by the Move Forward Party, the Democrat Party and the civil sector were considered.[13][14] All four bills passed overwhelmingly at 369 to 10,[15] with the House of Representatives approving the formation of an ad-hoc committee to combine the four drafts into one over 15 days pending further debate expected in 2024.[16] On 27 March 2024, the House overwhelmingly passed the draft law by 400 to 10. It now requires Senate approval and Royal Assent.[17][18]

Opposition proposals or proposals without a parliamentary majority

 Japan: A bill was introduced by the opposition Constitutional Democratic Party of Japan in March 2023.[19]

Non-marital partnership

Opposition proposals or proposals without a parliamentary majority

 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.[20] 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.[21]

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
More information Country or territory, Pollster ...

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]

See also

Notes

  1. [N 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

  1. [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. [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. [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. [4]
    Same-sex couples tie the knot in Cambodia in a stunning public ceremony, Gay Star News, 24 May 2018
  5. [5]
    "Rainbow Community Kampuchea: What we do?". Archived from the original on 2018-05-30. Retrieved 2019-06-25.
  6. [6]
    Williams, Joe (December 26, 2015). "Another Japanese city to recognise same-sex relationships". Pink News. Retrieved December 26, 2015.
  7. [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. [8]
    "3rd municipality in Japan starts issuing same-sex partnership papers". Japan Today. 3 April 2016.[permanent dead link]
  9. [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. [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. [11]
    "Marriage equality bill for parliament next month". Bangkok Post. Bangkok Post Public Company. Reuters. 21 November 2023. Retrieved 21 November 2023.
  12. [12]
    "Thailand steps closer to allowing same-sex marriage with cabinet nod". CNBCTV18. 2023-12-19. Retrieved 2023-12-19.
  13. [13]
    "สภา เริ่มถกร่างกม.สมรสเท่าเทียม - 'ภาคีสีรุ้ง' วอนโหวตรับเป็นของขวัญปีใหม่". bangkokbiznews (in Thai). 2023-12-21. Retrieved 2023-12-21.
  14. [14]
    "สมรสเท่าเทียม: สำรวจข้อเหมือน-ข้อต่าง ร่างกฎหมายสมรส LGBTQ+ รัฐบาล-ก้าวไกล-ภาคประชาชน" [Marriage equality: explore similarities and differences in LGBTQ+ marriage draft bills, Government-Move Forward-civil sector]. BBC News Thai (in Thai). 2023-12-21. Retrieved 2023-12-21.
  15. [15]
    "สภาฯ รับหลักการ "สมรสเท่าเทียม" ทั้ง 4 ฉบับ" [Parliament approves all four marriage equality bills]. Thai PBS (in Thai). Retrieved 2023-12-21.
  16. [16]
    "Thailand edges closer to legalising same-sex marriage". Reuters. 2023-12-21. Retrieved 2023-12-21.
  17. [17]
    https://www.hrw.org/news/2024/03/27/thailand-promptly-pass-same-sex-marriage-bill
  18. [18]
    https://www.eurasiareview.com/30032024-thailand-leads-southeast-asia-parliament-approves-landmark-same-sex-marriage-bill-oped/
  19. [19]
    "Japan opposition party submits bill for same-sex marriage".
  20. [20]
    Will proposed Civil Partnership Act prosper in 19th Congress? Herrera has fingers crossed
  21. [21]
    Padilla wants same-sex unions institutionalized
  22. [22]
    "Religious Belief and National Belonging in Central and Eastern Europe" (PDF). Pew. Retrieved 11 May 2017.
  23. [23]
    "Religious belief and national belonging in Central and Eastern Europe - Appendix A: Methodology". Pew Research Center. Retrieved 26 August 2017.
  24. [24]
    "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  25. [25]
    "წინარწმენიდან თანასწორობამდე (From Prejudice to Equality), part 2" (PDF). WISG. 2022.
  26. [26]
    "How people in 24 countries view same-sex marriage". Retrieved 14 June 2023.
  27. [27]
    Staff (February 13, 2023). "64% favor recognizing same-sex marriage in Japan: Kyodo poll". Kyodo News. Retrieved February 13, 2023.
  28. [28]
    Isoda, Kazuaki (February 21, 2023). "Survey: 72% of voters in favor of legalizing gay marriages". The Asahi Shimbun. Retrieved February 27, 2023.
  29. [29]
    LGBT+ PRIDE 2023 GLOBAL SURVEY (PDF). Ipsos. 1 June 2023. Retrieved 12 June 2023.
  30. [30]
    "Being Christian in Western Europe" (PDF). Pew Research Center. p. 152. Retrieved 7 June 2018.
  31. [31]
    "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.
  32. [32]
    Strong, Matthew (19 May 2023). "Support for gay marriage surges in Taiwan 4 years after legalization". Taiwan News. Retrieved 19 May 2023.
  33. [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. [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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