Nepal’s Supreme Court Recognizes Same-Sex Marriages
Nepal's Supreme Court has issued a ruling requiring the government to register same-sex relationships, despite the lack of a marriage equality law.
Late last month, Nepal’s Supreme Court issued an order granting legal recognition to the marriages of same-sex couples and other non-traditional couples, bringing the country one step closer to full equality for married couples, regardless of gender.
Supreme Court Judge Til Prasad Shrestha issued the order on June 28, setting up a two-week grace period, during which opponents of same-sex marriage could register their objections, reports the Hindustan Times.
Unlike in the United States, the Supreme Court decision does not codify same-sex marriage.
Rather, it grants same-sex couples the same rights as heterosexual couples “until and unless specific laws are formulated to give recognition to the sexual and gender minority couples,” according to Pinky Gurung, a transgender woman who is one of the petitioners in the case and also leads the Blue Diamond Society, an LGBTQ rights group.
“I think it shows that there are people accepting us gradually,” Gurung told the Times.
The court’s order requires the government to establish a separate register of marriages for same-sex couples.
“This [decision] is very important because it allows the couple to go and register their marriage and start living as a couple legally,” said Sunil Babu Pant, an openly gay former parliamentarian and leading LGBTQ rights activist in Nepal.
“At a personal level, for those who are living together it is a huge victory. Practically, they can register their marriage and their rights can be immediately exercised.”
Pant estimates around 200 couples will register in the coming months.
Nepal’s Supreme Court first ruled on same-sex marriage in 2007, instructing the government to recognize same-sex marriage and “form a committee to prepare a law legalizing same-sex marriage,” Human Rights Watch wrote in an article recapping the decision.
In 2015, the committee recommended the government “grant legal recognition to same-sex marriage on the basis of the principle of equality,” but the country’s legislature has yet to pass this reform.
The petitioners in the 2023 case argued the current Nepalese marriage law, which defines marriage as between a man and a woman, contradicts the 2007 Supreme Court ruling.
While Taiwan was the only state to legalize same-sex marriage in Asia prior to this decision, Nepal has previously approved policies aimed at recognizing LGBTQ rights in limited capacities. Passports and government documents offer the option of a third gender marker for transgender and nonbinary individuals, and, in 2015, certain LGBTQ rights were explicitly codified in the Nepalese Constitution, including the right to be free from discrimination and the right to access public services.
In May of this year, the Supreme Court ordered the government to recognize the marriage between a same-sex couple who had married in Germany.
Neighboring countries, including Bangladesh, Bhutan, India, Pakistan, Sri Lanka, and the Maldives do not recognize same-sex marriages as valid.
Dean Thompson, the United States ambassador to Nepal, celebrated the court’s decision, tweeting, “The U.S. Embassy in Kathmandu congratulates Nepal on the Supreme Court’s landmark interim order allowing for the marriage registration of LGBTQIA+ couples. This decision is a significant step toward marriage equality and recognition in Nepal that marriage is a fundamental right.
“With the realization of full marriage equality, Nepal will continue to be a leader in protecting all citizens against discrimination,” Thompson added. “As we conclude Pride month, we are reminded that the freedom to marry means very little without the freedom to marry the person you love. We look forward to the day when all LGBTQIA+ Nepalis and Americans enjoy full fundamental rights and can resoundingly say ‘love wins.'”
The U.S. Embassy in Kathmandu congratulates Nepal on the Supreme Court’s landmark interim order allowing for the marriage registration of LGBTQIA+ couples.
This decision is a significant step toward marriage equality and recognition in Nepal that marriage is a fundamental right.…— U.S. Ambassador Dean R. Thompson (@USAmbNepal) June 30, 2023
Many same-sex couples are celebrating the ruling as a victory, including Surendra Pandey and Maya Gurung, who were married six years ago in a traditional Hindu ceremony with a priest, friends, and family at a temple, yet have not yet had their marriage legally recognized by the state.
“I am overwhelmed with joy because of this decision and it is a day of commemoration for our community,” Gurung told the Associated Press. “This court ruling has established that we are equal citizens of this country. Now we can finally feel our marriage will be legally secure.”
As of June 28, the couple said they wanted to wait a while before officially registering their relationship with the government, but vowed to continue campaigning for marriage equality until the country’s lawmakers enshrine the ruling into law.
Sujan Panta, a lawyer who advocates for LGBTQ+ rights, told Radio France Internationale that the ruling was a “first step” to full legalization of same-sex marriages, but warned that a majority of people in the Hindu-majority nation — especially politicians who are expected to pass pro-LGBTQ laws despite having personal reservations — may still believe homosexuality and same-sex marriage to be “unnatural.”
July 12 marks the final day for people to file objections to the court’s preliminary ruling, although it appears that it is unclear when the court will issue a final ruling in the case.
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