Same-Sex Marriage Faces Uncertainty in Asia After Initial Progress

In June, Thailand’s Senate passed a marriage equality bill, putting the country on track to become the first Southeast Asian nation to legalize same-sex marriage. The local LGBTQ+ community celebrated with symbolic wedding ceremonies in Bangkok, hopeful that the real thing could soon follow. Once finalized by royal approval, Thailand would join Taiwan (2019) and Nepal (2023) as the only Asian jurisdictions to legalize same-sex marriage.

However, despite this progress, the momentum for marriage equality in Asia has largely stalled. Few other governments in the region are moving towards similar legislation, according to Suen Yiu-tung, associate professor of gender studies at the Chinese University of Hong Kong.

Regional Disparities

Globally, over 30 jurisdictions have legalized same-sex marriage, with most progress seen in Europe, the Americas, and Australasia. But many Asian countries maintain conservative stances. Homosexuality remains illegal in neighboring Myanmar, Malaysia, Sri Lanka, Brunei, Bangladesh, and Indonesia’s Aceh province, with severe penalties such as jail terms and caning.

Nadia Rahman from Amnesty International highlighted that despite victories in some countries, LGBTQ+ people across Asia still face criminalization, discrimination, and violence.

The recent progress in Thailand, Taiwan, and Nepal stems from unique cultural and political environments. For example, Nepal’s liberal judiciary has historically sided with LGBTQ+ rights, and its culture, including the recognized third-gender “hijras,” laid the groundwork for inclusion. In Taiwan and Thailand, active civil societies and democratic developments have also pushed the movement forward. Scholars like Kangwan Fongkaew from Burapha University attribute Thailand’s progress to its political system, which allows popular demands to be channeled into legislation.

Challenges in Other Asian Nations

While Thailand and Taiwan have made strides, LGBTQ+ rights face major challenges elsewhere. In mainland China, activism remains heavily suppressed, and in India, efforts to legalize same-sex marriage have hit a deadlock. Although India’s Supreme Court was petitioned to grant marriage rights, it deferred the matter to the government, which has shown little urgency to act. Activist Anish Gawande noted that India’s government only takes limited actions to appease international pressure without committing to broader reforms.

In Japan, where polls show 68% support for same-sex marriage, progress has been slow. While some local governments recognize same-sex relationships for administrative purposes, national courts have returned conflicting rulings on the issue. Religious conservatism remains a significant barrier in South Korea, where the LGBTQ+ community faces public hostility, as seen in protests against LGBTQ+ events. Nonetheless, South Korea has had some wins, such as a recent Supreme Court ruling granting spousal benefits to same-sex partners in national health insurance.

Economic Considerations and Future Outlook

Experts argue that legalizing same-sex marriage could provide economic benefits, particularly for nations like Singapore and Hong Kong, which aim to attract multinational companies. These firms often require supportive environments for their LGBTQ+ employees. However, despite such pressures, neither government seems poised to enact changes. Singapore recently decriminalized sex between men but constitutionally blocked challenges to same-sex marriage. In Hong Kong, the Court of Final Appeal ordered the government to create a legal framework recognizing same-sex couples, but there has been no substantial progress.

Overall, the situation remains uneven across the region. Peter Newman, from the University of Toronto, emphasized that despite recent advancements, criminalization and discrimination persist in many parts of Asia. Even in countries with legal protections, LGBTQ+ individuals still face challenges like workplace bullying and health care discrimination. However, Suen remains cautiously optimistic, noting that public discussions around LGBTQ+ rights have increased, with Thailand’s move providing an encouraging sign for the future.