Nepal recognises same-sex marriage in historic first for Southeast Asia
Nepal has made history as the first Southeast Asian country to officially register a same-sex marriage, marking a significant step forward for queer rights.
What
The landmark event occurred in a village in the Lamjung district, where local authorities registered the marriage of Ram Bahadur (Maya) Gurung, a 36-year-old individual who was born male but identifies as female, and Surendra Pandey, a 26-year-old individual who was born and identifies as male.
Maya Gurung and Surendra Pandey became the first same-sex couple to legally marry in #Nepal. Their marriage has just been registered in Dordi rural municipality Lamjung. pic.twitter.com/Tn6eijSJJU
— Rojita Adhikari (@rojitaadhikari) November 29, 2023
The registration follows a Supreme Court interim order issued five months earlier, clearing the way for same-sex marriages in a country that has historically been conservative.
The couple, who had been in a relationship for nine years, celebrated their union according to Hindu rituals in 2016 in Kathmandu.
Maya Gurung and Surendra Pandey made historic achievement. They became the first registered same-sex couple in Nepal.
— Bhadra Sharma (@bhadrarukum) November 29, 2023
Nepal becomes second country in Asia to register same sex marriage. pic.twitter.com/OcaDM5Exxk
The formal registration took place at the Dordi rural municipality office, with Surendra Pandey expressing their joy, stating, "We are both very happy. Like us, all others in our community are happy too."
Previous interim order
- The Supreme Court's interim order in June represented a significant legal development, allowing same-sex couples to register their marriages while awaiting a final verdict.
- This move builds on Nepal's global reputation as a beacon of queer rights, particularly since a landmark 2007 case in which the court recognised queer rights as fundamental human rights, legalised homosexuality, and emphasised the right to one's own identity.
Challenges
- Despite these advancements, queer rights activists pointed out that the government overlooked a committee report in 2015 recommending legal provisions for same-sex marriages when enacting the National Civil (Code) Act 2017.
- Sections 67 and 70 of the Act retained old provisions defining marriage as between a man and a woman.
Key players
- In the June 28 interim order, Justice Til Prasad Shrestha referenced constitutional and legal provisions to mandate the registration of same-sex marriages, emphasising the freedom to conclude a marriage guaranteed by the civil code.
- Sunil Babu Pant, founder of the Blue Diamond Society, Nepal's leading gay rights organisation, hailed the registration as a victory for sexual and gender minorities, emphasising its historic significance and its potential to grant equal rights, including the recognition of marriages.
Nepal's progression toward inclusivity reflects broader societal changes since the end of the Maoist insurgency in 2006. The country's transition from a Hindu monarchy to a more progressive and inclusive nation underscores the transformative journey toward equal rights for all citizens.
Taiwan is currently the only other country to legalise same-sex marriage in Asia.