LGBTQ rights in Asia | |
---|---|
Status | Legal, with an equal age of consent, in 29 out of 50 states Legal, with an equal age of consent, in 7 territories |
Gender identity | Legal in 23 out of 50 states Legal in 1 territory |
Military | Allowed in 9 out of 50 states Allowed in 2 territories |
Discrimination protections | Protected in 14 out of 50 states Protected in 4 territories |
Family rights | |
Recognition of relationships | Recognized in 5 out of 50 states Recognized in 4 territories |
Restrictions | Same-sex marriage constitutionally banned in 5 out of 50 states |
Adoption | Legal in 2 out of 50 states |
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Laws governing lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are complex in Asia, and acceptance of LGBTQ persons is generally low. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty.[1][2] In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip.[3][4] While egalitarian relationships have become more frequent in recent years, they remain rare.[2][5][6]
Historical discrimination towards homosexuality in much of the region include the ban on homosexual acts enforced by Genghis Khan in the Mongol Empire, which made male homosexuality punishable by death.[7][8] The Fatawa-e-Alamgiri of the Mughal Empire (descended from the Mongol Empire) mandated a common set of punishments for homosexuality, which could include 50 lashes for a slave, 100 for a free infidel, or death by stoning for a Muslim,[9][10][11][12][13][14][15] whereas the Yuan Dynasty (descended from the Mongol Empire) implemented a crackdown on homosexuality in China that was continued by the Ming Dynasty.[16][17]
Many Asian countries have collectivist cultures, wherein aggression is generally accepted by society if it is used to protect the family honor. Homosexuality is generally considered to be dishonorable, so homophobic aggression in the name of protecting family honor is common.[18]
The only Asian jurisdictions which nationally recognize same-sex marriage are Taiwan and Thailand.[19][20] In 2019, a survey by The Economist found 45% of respondents in the Asia-Pacific believed that same-sex marriage is inevitable in the region, while 31% of respondents disagreed. Furthermore, 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. Meanwhile, 36% said coverage of LGBT issues in mainstream media was a major factor. The top reasons cited for diminishing openness was anti-LGBT advocacy by religious institutions.[21][22]
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Russia | Yes Fully legal since 1993[23][24] No Illegal de facto in Chechnya, where homosexuals are abducted and sent to concentration camps based on their perceived sexual orientation. |
No | No Constitutional ban since 2020[25] | No | Yes[26] | No | No Gender change has not been legal since 2023[27] |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Kazakhstan | Yes Legal since 1998[24] | No | No | No | Yes Since 2022[28] | No | Yes[29] |
Kyrgyzstan | Yes Legal since 1998[24] | No | No Constitutional ban since 2016[30] | No | Unknown | No | Yes Requires sex reassignment surgery[31][29] |
Tajikistan | Yes Legal since 1998[24] | No | No | No | Unknown | No | Yes Requires sex reassignment surgery[32][29] |
Turkmenistan | No Illegal for males since 1927 Penalty: up to 2 years imprisonment.[33] |
No | No | No | No | No | No |
Uzbekistan | No Illegal for males since 1926 Penalty: up to 3 years imprisonment.[33] |
No | No | No | No | No | No |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Abkhazia (Disputed territory) |
Yes Legal | No | No | No | Unknown | No | Unknown |
Akrotiri and Dhekelia (Overseas Territory of the United Kingdom) |
Yes Legal since 2000 + UN decl. sign.[24] |
Yes Civil partnerships since 2005 | Yes Legal since 2014 | Unknown | Yes UK responsible for defence | Yes Bans some anti-gay discrimination[34] | Unknown |
Armenia | Yes Legal since 2003 + UN decl. sign.[24] |
No | No Constitutional ban since 2015[35][36] | No LGBT individuals may adopt, but not same-sex couples. | No [37] | No | No |
Azerbaijan | Yes Legal since 2000[24] | No | No | No | No | No | No |
Bahrain | Yes Legal since 1976[24] | No | No | No | No | No | Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery.[38] |
Cyprus | Yes Legal since 1998 + UN decl. sign.[24] |
Yes Civil cohabitation since 2015[39] | No | No | Yes[40] | Yes Bans some anti-gay discrimination[41] | Yes Forbids some discrimination based on gender identity.[42] No Gender change is not legal. |
Egypt | Yes/ No Ambiguous. Male de jure legal, but de facto illegal since 2000 Penalty: Up to 17 years imprisonment with or without hard labour and with or without fines under broadly-written morality laws.[24][43] |
No | No | No | No | No | No |
Georgia | Yes Legal since 2000 + UN decl. sign.[24] |
No | No Constitutional ban since 2018 | No | Unknown | Yes Bans all anti-gay discrimination[44] | Yes Requires sterilization and sex reassignment surgery for change[45] |
Iran | No Illegal Penalty: 74 lashes for immature men and death penalty for mature men (although there are documented cases of minors executed because of their sexual orientation)[46]. For women, 100 lashes for women of mature sound mind and if consenting. Death penalty offense after fourth conviction.[24] |
No | No | No | No | No | Yes Legal gender recognition legal if accompanied by a medical intervention[47] |
Iraq | No Re-criminalized in 2024.[48] Penalty: Prison sentence between 10 and 15 years. | No | No | No | No | No | No |
Israel | Yes Legal since 1963 (de facto), 1988 (de jure)[49] + UN decl. sign.[24][50] |
Yes Unregistered cohabitation since 1994. | No/ Yes Foreign same-sex marriages are recognized and recorded in the population registry | No Permitted by law since 2008,[51] but in practice not possible in nearly every case[52] | Yes Since 1993; Includes transgender people[53] | Yes Bans all anti-gay discrimination[54][55][56] | No Almost full recognition of gender's ID without a surgery or medical intervention (Excluding changing gender and name in birth certificate) ;[57] equal employment opportunity law bars discrimination based on gender identity[58][59][60] |
Jordan | Yes Legal[24] | No | No | No | Unknown | No | Yes Allowed since 2014[61] |
Kuwait | No | No | No | No | No | No | |
Lebanon | Yes / No Ambiguous. Illegal under Article 534 of the Penal Code. Some judges have ruled not to prosecute individuals based on the law, however, this has not been settled by the Supreme Court and thus homosexuality is still illegal.[63] However, a 2017 court ruling claims that it is legal, but the law against it is still in place. Penalty: Up to 1 year imprisonment (unenforced). |
No | No | No | No | No | Yes Legal gender change allowed, but sex reassignment surgery required[64] |
Northern Cyprus (Disputed territory) |
Yes Legal since 2014[65][66][24] | No | No | No | No | Yes Bans all anti-gay discrimination[65][66] | Yes Legal, requires surgery for change[67] |
Oman | No Illegal Penalty: Fines and prison sentence up to 3 years (only enforced when dealing with "public scandal").[24] |
No | No | No | No | No | No Laws against forms of gender expression. |
Palestine |
West Bank: Yes Legal[24] Gaza: No consensus on legal applicability of British 1936 Sexual offences provisions to homosexual conduct[68][69][70][71] |
West Bank: No Gaza: No |
No | No | Unknown | No | No |
Qatar | No Illegal Penalty: Fines, up to 7 years imprisonment[24] Death penalty for Muslims. |
No | No | No | No | No | No |
Saudi Arabia |
|
No | No | No | No | No | No Laws against forms of gender expression. |
South Ossetia (Disputed territory) |
Yes Legal | No | No | No | Unknown | No | Unknown |
Syria | No Illegal Penalty: Up to 3 years imprisonment (Law de facto suspended)[75][24] |
No | No | No | No | No | |
Turkey | Yes Legal since 1858[24] | No | No | No LGBT individuals may adopt, but not same-sex couples. | No | No | Yes Requires sterilisation and sex reassignment surgery for change[76] |
United Arab Emirates | No | No | No | No | No | No Sex reassignment surgery severely restricted to limited circumstances (mainly physical intersex traits), highly regulated by the state.[80][81] Laws used against forms of gender expression.[82] | |
Yemen | No Illegal (codified in 1994) Penalty: Unmarried men punished with 100 lashes of the whip or a maximum of one year of imprisonment, stoning for adultery is not enforced. Women punished up to three years of imprisonment.[24] |
No | No | No | No | No | No |
LGBT rights in: | Same-sex sexual activity | Recognition of same-sex unions | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Afghanistan | No Illegal Penalty: Death penalty[83] |
No | No | No | No | No | No |
Bangladesh | No Illegal since 1862 Penalty: 10 years to life imprisonment (Occasionally enforced).[24][84] |
No | No | No | No | No | A third gender option (hijra) besides male and female is available for a certain sect of third genders[85] |
Bhutan | Yes Legal since 2021[86] | No | No | No | No | No | No |
British Indian Ocean Territory (Overseas Territory of the United Kingdom) |
Yes Legal since 2001 + UN decl. sign.[24] |
Yes Civil partnerships since 2005 | Yes Legal since 2014 | Unknown | Yes UK responsible for defense | Unknown | Unknown |
India | Yes Legal since 2018[87] | No/ Yes symboic live-In relationships exist [88] | No | No | No | Yes/ No Discrimination based on sexual orientation and gender identity prohibited by court decision. No nationwide law.[89][90][91] | Yes A third gender option (hijra) besides male and female is available; transgender people have a constitutional right to change gender, only after medical/surgical intervention[92][91] |
Maldives | No Illegal (codified in 2014) Penalty: Up to 8 years imprisonment, house arrest, lashings and fines. (unenforced)[93] LGBTQ welcomed in tourist islands [94] |
No | No | No | No | No | No |
Nepal | Yes Legal since 2007 + UN decl. sign.[24] |
No | No | No | Yes Since 2007[95] | Yes/ No Limited protection since 2015[96] | No Change to third gender "O" legal since 2007, unable to change to male or female[97] |
Pakistan | No Illegal since 1862 Penalty: 2 years to life sentence (Occasionally enforced).[24][98] |
No | No | No | No | Yes Transphobia illegal |
Yes Right to change gender; transgender and intersex citizens have legal protections from all discrimination and harassment[99] |
Sri Lanka | No Illegal since 1885 Penalty: Up to 10 years imprisonment with fines.[24] (Ruled unenforcable by the Supreme Court) Legalization proposed |
No | No | No | No | No | Yes Transgender people allowed to change legal gender without surgery |
LGBT rights in: | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
China | Yes Legal since 1997[24] | No/ Yes "Legal guardianship" since 2017 | No | No | Yes can openly serve No open displays of affection [100][101] |
Yes Court has in some cases protected LGBT workers from employment discrimination.[102]
No protection codified in law |
Yes
legal gender change possible since 2002. Since 2022, legal gender change allowed with only partial sex reassignment surgery. Difficulty remains to change gender information on diplomas and degrees.[103][104] |
Hong Kong | Yes Legal since 1991[24] | No/ Yes Same-sex marriages registered overseas for government benefits and taxation, and limited recognition of local cohabiting partners | No | No LGBT individuals may adopt, but not same-sex couples[105] | The central government of China is responsible for the defense of Hong Kong.[106] | Yes Bans some anti-gay discrimination (government discrimination only) | Yes Following a legal decision, may change gender marker after partial sex reassignment surgery.[107] |
Japan | Yes Legal since 1882 + UN decl. sign.[24] |
No * Symbolic recognition in some jurisdictions. | No Proposed in 2023[108] | No | Yes The Japan Self-Defense Forces allow gay people to enlist.[109] | No nationwide protections Yes some cities ban some anti-gay discrimination[24] |
Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery |
Macau | Yes Legal since 1996 | No | No | No | The central government of China is responsible for the defence of Macau. | Yes Bans some anti-gay discrimination | Unknown |
Mongolia | Yes Legal since 1993 + UN decl. sign.[24] |
No | No Constitutional ban since 1992 | No | Unknown | Yes Bans some anti-gay discrimination | Yes Transgender people allowed to change legal gender but only after sex reassignment surgery |
North Korea | Yes / No Ambiguous, punishable through Articles 193 and 262 regarding obscenity and decency laws.[dubious – discuss] Penalty: Unknown |
No | No | No | Yes can serve with 10-year celibacy required for all soldiers.[110] No open displays of LGBT attitudes. |
No | No |
South Korea | Yes Legal + UN decl. sign.[24] |
No | No Proposed in 2023[111] | No | No | Yes/ No Protection from discrimination varies by jurisdiction in some areas, including Seoul | Yes Transgender people allowed to change legal gender but usually requires sex reassignment surgery |
Taiwan | Yes Legal[112] | [113] | Legal since 2019[114][115][116] | Yes Stepchild adoption since 2019 Yes Joint adoption legal since 2023[117] |
Yes | Yes Constitutionally bans all anti-gay discrimination from government[118]; several laws banning anti-gay discrimination regarding education and employment.[119][120] | Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery.[a] |
LGBT rights in | Same-sex sexual activity | Recognition of relationships | Same-sex marriage | Adoption by same-sex couples | LGBT people allowed to serve openly in military? | Anti-discrimination laws concerning sexual orientation | Laws concerning gender identity/expression |
---|---|---|---|---|---|---|---|
Aceh (autonomous territory of Indonesia) | No Illegal Penalty: 100 strokes of the cane or 8 years in prison[122] |
No | No | No LGBT individuals may adopt, but not same-sex couples | No The central government of Indonesia is responsible for the defense of Aceh. | Yes Follows the law of the central Indonesian government. | Yes Follows the law of the central Indonesian government. |
Brunei | No Illegal since 1908 Penalty: Death by stoning (in abeyance), 1 year imprisonment and 100 lashes for men. Caning and 10 years prison for women.[123] |
No | No | No | No | No | Laws prohibit forms of gender expression. |
Cambodia | Yes Legal[24] | No/ Yes Partnerships recognized in certain cities | No Constitutional ban since 1993 | No | Unknown | No | No[124] |
East Timor | Yes Legal since 1975 + UN decl. sign.[24] |
No | No | Yes LGBT individuals may adopt but same-sex couples can not adopt |
Unknown | Yes Bans some anti gay discrimination, Hate crime protections since 2009.[125] | Unknown |
Indonesia | Yes Legal (except in Aceh)[24][126] | No | No | No LGBT individuals may adopt, but not same-sex couples | No Not explicitly prohibited by Law (de jure), Illegal (de facto) | Yes Limited protection following legal process by the authorities.[127] | Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery. |
Laos | Yes Legal[24] | No | No | No | Unknown | No | Unknown |
Malaysia | No Illegal since 1871 Penalty: fines, prison sentence (2–20 years), or whippings.[24][128] |
No | No | No LGBT individuals may adopt, but not same-sex couples | No | No | No Generally impossible to change gender. However, a 2016 court ruling recognizes gender changes as fundamental constitutional rights[129] Forms of gender expression are criminalized. |
Myanmar | No Illegal since 1886 Penalty: Up to 20 years in prison (unenforced).[24][130] |
No | No | No | No | No | No |
Philippines | Yes Legal + UN decl. sign.[131][24][132][133] [b] |
No (Pending) [131] | No (Pending) [134] | No LGBT individuals may adopt, but not same-sex couples[135][134] | Yes Since 2009 | Yes/ No Bans some anti-gay discrimination in certain cities and provinces,[136] including the City of Manila,[137]Cebu City,[138] Quezon City,[139] and Davao City;[140] Nationwide anti-bullying law for basic education students.[141] |
No Generally impossible to change legal gender. However in Cagandahan vs Philippines, allowed an intersex man to change his legal gender from female to male. |
Singapore | Yes Legal since 2022 | No | No | Ambiguous, a gay Singaporean man with a male partner in 2018 won an appeal in court to adopt a child that he fathered through a surrogate.[142] | Yes | Yes Protections against anti-gay discrimination, harassment and violence[143] | Yes Transgender people allowed to change legal gender, but only after sex reassignment surgery |
Thailand | Yes Legal since 1956 + UN decl. sign.[24] |
Yes Pending for 2025[20][144][145] | Yes Pending for 2025[20] | Yes Since 2005 [146] | Yes Bans all anti-gay discrimination | No[144][147]
Yes Anti-discrimination protections for gender expression.[128] | |
Vietnam | Yes Legal[24] + UN decl. sign.[24] |
No | No | No LGBT individuals may adopt, not same-sex couples[148] | Yes Irrespective of one's sexual orientation | Yes Bans some anti-gay discrimination | Yes Gender changes recognized and officially practised since 2017[149][150] |
And anyone found indulging in homosexual practices should be executed
Walderman Hansen doubts whether sensual passions played any part in their love [sic]; puri doubts about their homosexual relationship
This amendment to the penal code entailed a de jure decriminalization of sodomy since, in 1963, the Israeli Supreme Court had already issued a de facto decriminalization, ruling that the anti-sodomy law (which dated back to the British Mandate of Palestine; Mandatory Criminal Ordinance of 1936) could not be prosecuted (Yosef Ben-Ami vs. The Attorney General of Israel, 224/63).
The second major stress on soldiers is their highly restricted social life. During their initial ten years of service they are not permitted to marry, which means that they are supposed to postpone sexual activity until their late twenties.
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