Asia
Japanese court rules same-sex marriage ban is constitutional
Ruling said lack of legal protections violate couples’ human rights
A district court in the Tokyo Prefecture ruled on Wednesday that Japan’s constitutional ban on same-sex marriage is legal. The court added that the absence of a legal system to protect same-sex families infringed upon their human rights.
In a statement to Reuters, Nobuhito Sawasaki, an attorney for the plaintiffs told the wire service, “This is actually a fairly positive ruling,” said Sawasaki who added, “While marriage remains between a man and a woman, and the ruling supported that, it also said that the current situation with no legal protections for same-sex families is not good, and suggested something must be done about it.”
This past June in OsakaĀ Prefecture, the district court in that jurisdiction said that the countryāsĀ ban on same-sex marriage was not unconstitutional. The case had been filed by three same-sex couples ā two male, one female ā and is only the second legal challenge to have been filed in Japan.Ā
In March 2021,Ā the Sapporo District Court issued its rulingĀ the countryās constitution does not ban same-sex couples from legally marrying and ensures them a right to marry. Under current Japanese law, same-sex couples are banned from legally marrying, which means partners cannot inherit each otherās assets upon death and have no parental rights over the otherās child.
In the Sapporo case, Nikkei Asia reported three couples ā also two male and one female ā tried to register their marriages in 2019, but local officials turned them away.
The couples sued and the court ruled the governmentās actions violated two provisions of the Japanese Constitution: Article 14 that ensures the right to equal treatment and Article 24, which does not expressly deny the right of marriage to same-sex couples.
Prime Minister Fumio KishidaĀ has saidĀ the issue needs to be carefully considered, his ruling Liberal Democratic Party has disclosed no plans to review the matter or propose legislation, though some senior party members favor reform.
An opinion poll by the Tokyo Prefecture late last year found some 70 percent of people were in favor of same-sex marriage.
Reuters reported that the Tokyo ruling promises to be influential as the capital has an outsized influence on the rest of Japan.
Gon Matsunaka, head of the activist group Marriage for All Japan told Reuters “This is hard to accept. Both heterosexual and same-sex couples should be able to benefit equally from the system of marriage, as everyone is equal under the law,” he said and added. “It (the ruling) clearly said that is not possible.” Yet the recognition that same-sex families lacked legal protections was “a big step” he noted.
Reuters reported that two more cases are pending in Japan, and activists and lawyers hope an accumulation of judicial decisions supporting same-sex marriage will eventually push lawmakers to change the system, even if this is unlikely soon.
“I hope there will be legislative debate about this,” said plaintiff Shizuka Oe. “We will keep making efforts.”
Tokyo court ruling upholds ban on same-sex marriage:
Thailand
Thai activists prepare for countryās marriage equality law to take effect
Same-sex couples will be able to legally marry on Jan. 22
Thailandās marriage equality law is set to take effect on Jan. 22.
The country will become the first one in Southeast Asia ā and the third in the continent after Taiwan and Nepal ā to extend marriage rights to same-sex couples.
Thai MPs passed the marriage equality bill on June 15, 2024, by a 210-180 vote margin. Four lawmakers abstained.
A report thatĀ YouGov, a global public opinion and data analytics company, published last July 31 found 32 percent of respondents expressed happiness about the marriage equality law, while 18 percent felt proud and 14 percent were hopeful. The report noted 74 percent of Gen Zers who responded expressed support for marriage equality, with greater support among women (81 percent) than men (67 percent).
After the law’s passage, Prime Minister Srettha Thavisin called it a “significant step” for Thailand.
“Equality and equity have become concrete in Thai society,” he said, adding he was hopeful thatĀ gender diversity would beĀ fully accepted.
Thavisin also highlighted the government’s commitment to equal rights for LGBTQ couples. He stated the marriage equality bill would give them “the exact same equal rights” as heterosexual couples.
At the time the law was passed, several celebrities expressed their support.
Jeff Satur, a renowned singer and actor, shared his enthusiasm on social media.
“We have a right to love, and now every love is getting close to having a right to be protected by the laws,ā he said.
With the law set to take effect on Jan. 22, the Washington Blade spoke with LGBTQ activists in Thailand about how they are preparing for marriage equality in the country.
“There is an excitement in the air, not only for activists who have been advocating for marriage equality for over two decades but also for LGBTIQN+ people in Thailand, who are eagerly waiting to welcome this law when it takes effect on Jan. 22, 2025,” said Hua Boonyapisomparn, a prominent transgender activist.
“I also believe that marriage equality advocates and LGBTIQN+ activists now plan to celebrate and support couples who are their peers and members of the LGBTIQN+ community to get married nationwide,” said Boonyapisomparn. “I believe that many couples will line up at the local registration office on the first day so that they can be recorded as the first couple in their respective province. In addition to this excitement, I hope to see that activists will monitor arising issues during the registration process and the effect of other legislations associated with the marriage equality bill. However, we should now forget about continuing the work because It is time for the celebration of love and equality for the LGBTIQN+ community in Thailand.”
Boonyapisomparn expressed her appreciation for everyone who contributed to advocating for marriage equality in Thailand. She also noted Thailand is not the “heaven” for LGBTQ people that many perceive it to be and stressed that achieving gender equality remains a significant goal for activists, even after the implementation of marriage equality.
“We should now forget about continuing the work because it is time for the celebration of love and equality for the LGBTIQN+ community in Thailand,” said Boonyapisomparn. “As activists, we stay focused on the goal and shared values, seek new allies, and adapt how we fight to overcome struggles. When we fight for love, we know love has no gender, and love will win over hatred, phobias, and violence.”
Boonyapisomparn, while talking to Blade, said that even though she was a part of the advocacy efforts in parliament, she can only hope this advance will open another door for legal gender recognition for which she and other trans activists have been advocating for more than a decade.
“I hope the equality win will not only stop at marriage equality as many other bills are waiting to get to the parliament of Thailand,ā she said.
Midnight Poonkasetwattana, executive director of the APCOM Foundation in Thailand, an NGO that advocates for the rights and well-being of the LGBTIQ community across Asia, expressed excitement about the law coming into effect. He said he expects many happy couples and community celebrations on Jan. 22 and throughout the weekend.
“To celebrate this joyous occasion, APCOM, as part of the Thailand Pride working group will also host an event where LGBTQ couples will register their marriage at the Bang Rak district office ā the most popular district that couples register their marriage because it is believed that it is an auspicious name and will make your love life happy (Rak in Thai means Love),” said Poonkasetwattana.
He further noted Bangkok Pride will host an event at a shopping mall where 1,448 couples will officially register their marriages.
“I am of course ecstatic that finally Thailand is showing leadership and taking a step up for LGBTQI inclusion and ensuring that we also have the same rights under the law,” aid Poonkasetwattana. “I am thankful to the community that has kept the advocacy momentum going despite many setbacks.” s
“It is undeniable that Thailand has benefited economically from its reputation as an LGBTQI paradise, owing to tourism, the service industry, and the BL series (the Boys’ Love (BL) series is a genre of Thai television shows and films that focus on romantic relationships between male characters. These series have gained immense popularity both within Thailand and internationally. A more inclusive society is a happier and more productive one,ā he added. āWith the recent passage of the LGBTQI marriage equality bill, it is time for Thailand to embrace and be empowered to include LGBTQI as one of its proud soft powers.”
Nada Chaiyajit, a prominent LGBTQ rights activist in Thailand, echoed Poonkasetwattana, describing the law as āgroundbreaking.
“While the law has some shortcomings, such as retaining binary āfather/motherā terminology for parents rather than the more inclusive āprimary parentā proposed by activists, it is still a significant step forward,ā said Chaiyajit. āThe marriage equality law provides legal recognition and protection for diverse families, enabling LGBTIQAN+ individuals to enjoy the same rights and dignity as heterosexual couples when it comes to marriage and family establishment.”
Chaiyajit said the law has the potential to positively impact the lives of millions of LGBTQ people in Thailand by increasing societal acceptance, reducing discrimination, and affirming their fundamental human rights. She added it will send a powerful message that all individuals, regardless of their sexual orientation, gender identity, gender expression, and sex characteristics deserve equal treatment under the law.
Chaiyajit noted the work is far from over, emphasizing the need for continued advocacy by activists and organizations.
She highlighted the importance of pushing for further reforms, such as adopting entirely gender-neutral language for parenting and ensuring that religious objections do not hinder the law’s implementation.
India
Harish Iyer continues his fight for LGBTQ rights in India
Long-time activist challenged sodomy law, continues marriage equality fight
The Indian LGBTQ community has long grappled with systemic neglect and societal prejudices, but significant victories like the striking down of Section 377 in 2018 and progressive Supreme Court verdicts have sparked hope. The fight for equality nevertheless remains arduous.
Amid this struggle, Harish Iyer has stood out as a beacon of courage, leading the movement with unwavering commitment and inspiring others to unapologetically embrace their identities.
Iyer, with a slight smile, noted to the Washington Blade during a recent interview that he was born into privilege. As the first male child in a patriarchal society, he explained this status came with inherent advantages.
Despite being born into privilege, Iyerās early life was marked by profound challenges.
At just 7-years-old, he endured and survived a traumatic experience of rape, an event that deeply impacted his childhood. Iyer said he was gang raped at 11, four years after a relative sexually assaulted him. Iyer told the Blade these assaults impacted his confidence.
āChildren go through sexual assault but they do not understand what is happening with them,” said Iyer. “Because they are children, they do not know its language. We do not call a penis a penis, we do not call a vagina, a vagina. I am 45 years of age, and I am talking about 1987 or 1988. People had very little understanding. When you do not have language to say what it is, you don’t say about it.”
Iyer said it is easier for girls to talk about sexual assault compared to boys, and as a result it was harder for him to speak out. He also struggled living in two worlds: One of morals and fairy tales, and another filled with hardships that he tried to mask.
“I opened up about my abuse at 18, after 11 years of continuous trauma,” said Iyer. “That was a different battle altogether. It was 1998-1999, a time with little awareness about child sexual abuse. When I told my parents, my mother understood that a child could be abused. My father, however, was not supportive and didnāt understand what was happening.”
Iyer shared how these events shaped his thoughts, values, and empathy for others facing similar challenges.
At 22, he began to understand his sexuality and came out to his parents as gay. At 40, he realized his gender could be fluid and has identified as gender-fluid since then.
Iyer shared his struggles in finding a job as an openly gay man in Indiaās conservative society. He now works at Axis Bank, one of Indiaās largest private banks. Iyer said joining the bank was a unique journey ā he did not have any other job opportunities at the time.
“I applied for every job on LinkedIn,” said Iyer. “Axis Bank responded. I thought Iād be unhappy there, but I needed the money, so I applied. The process took a long time, but after several interviews, I was selected. During the interviews, I realized I could be myself. People saw me for who I truly am, and that worked wonders.”
“A week after joining, I started pushing boundaries,ā he added. āThe chief human resources officer called me to her office. After our conversation, she held me close and said, āYou should not have to fit in ā be who you are.ā Within six months, we created a charter with policies for the LGBTQ community. It’s called ‘Come As You Are.'”
Iyer told the Blade that Chief Human Resources Officer Rajkamal Vempati was upset with him.
She felt he was free to express himself at the company, but wasnāt doing so. Iyer said Axis Bank has a dress code policy for employees ā one for men, one for women, and one for LGBTQ employees that allows them to choose the gender in which they want to present themselves.
He said he never expected to see such inclusion in a private sector bank in India before joining Axis Bank.
Iyer challenged sodomy law, continues to fight for marriage equality
On the third anniversary of the Supreme Courtās 2018 ruling that struck down Section 377, the provision of the countryās penal code that criminalized consensual same-sex sexual relations, Axis Bank in 2021 introduced policies and a charter for the LGBTQ community. Iyer, a long-time LGBTQ activist, continues to fight for equal rights.
He said Axis Bank became the first private bank in India to specifically welcome customers from the LGBTQ community.
“I was invited by the Social Justice Ministry for a consultation on LGBTQ+ rights,” noted Iyer. “During the discussion, it was proposed that all banks in India should open their doors to the LGBTQ+ community.”
Iyer was one of those who challenging Section 377.
The Supreme Court struck down the colonial-era law on Sept. 6, 2018. Iyer was also a plaintiff in Supriyo v. Union of India, which sought legal recognition of same-sex marriages in India. The Supreme court heard this case in 2023.
“Culture is an evolving phenomenon,” said Iyer. āIt is not static. As culture evolves, we as people need to evolve. I would like to believe that my organization is always evolving and we will get better.”
Iyer told the Blade he doesnāt have a specific game plan for the future. As one of Axis Bankās prominent figures, however, he feels LGBTQ people are equal citizens in India.
Nepal
Two transgender women make history in Nepal
Honey Maharjan and Mouni Maharjan ran in local elections last month
November 22 was a milestone for Nepal’s LGBTQ community.
Two transgender candidates,Ā Honey Maharjan and Mouni Maharjan, members of the Peopleās Socialist Party-Nepal, ran in local elections. It marked the first time that trans people ran for office in the country.
Honey Maharjan ran for mayor in Kirtipur, a municipality outside Kathmandu, the Nepalese capital. Mouni Maharjan ran to become a ward chair in the same municipality. Although both candidates lost the election; experts, and activists consider their participation a significant milestone for LGBTQ representation in Nepalese politics.
Honey Maharjan, 44, is a former tour guide who faced discrimination because she is a trans woman. Maharjan nevertheless became a vocal advocate for LGBTQ rights.
Mouni Maharjan, 29, advocates for local infrastructure and LGBTQ-inclusive education. Her campaign focused on introducing an LGBTQ-inclusive curriculum in schools and creating employment opportunities for marginalized groups.
The Supreme Court in 2007 ruled the government must legally recognize a third gender. Six years later, in 2013, Nepal hosted its first-ever Pride parade, signaling growing visibility and acceptance of the LGBTQ community. The countryās new constitution, which ensures equal rights for LGBTQ people and all other Nepalese citizens, took effect in 2015.
The Supreme Court in 2018 issued a ruling that expanded protections for LGBTQ people in marriage, inheritance, social recognition, and other areas.
Sunil Babu Pant, founder of the Blue Diamond Society, a Nepalese LGBTQ rights group, in 2017 became the first openly gay person elected to parliament. Nepal since 2020 has allowed trans people to legally change their gender in official documents without surgery.
A study that UN Women and the Blue Diamond Society published in June 2023 found 81 percent of LGBTQ people in Nepal have faced physical violence, discrimination, and verbal abuse. Traditional societal norms and a lack of awareness make this situation worse.
Nepal is seen as a leader in LGBTQ rights in South Asia in terms of legal protections and a debate over marriage rights for same-sex couples. A large gap remains between policies and their implementation.
Political representation of LGBTQ people remains low.
Pant left office in 2023. There are currently no openly LGBTQ people in parliament or in the countryās policy-making policies.
During their campaign in Kirtipur, Honey Maharjan and Mouni Maharjan outlined key promises. They pledged to promote LGBTQ inclusion, especially in politics, and vowed to fight discrimination in education, healthcare, and employment.
Their campaigns also focused on ensuring equal rights and opportunities for marginalized groups. Honey Maharjan and Mouni Maharjan promised to raise awareness about LGBTQ issues to reduce stigma and discrimination in society.
Honey Maharjan told the Washington Blade said she was happy about running for office, and noted her family and friends supported her.
“Since Kirtipur has a large LGBTQ community still they did not come out to support me,” she said. “Nepal has other political parties like Congress, Communist Party of Nepal (Maoist Center) and many others, we did not had budget like theirs, so it was also our struggle. It is also challenging for us as people are not supporting us for what we are trying to do. They are supporting only prominent political parties in Nepal. So, these are our challenges as a transgender political candidate in Nepal.”
Honey Maharjan told the Blade she would have worked to provide education, health care, and better roads if she were elected.
“I did not win, so I am a little sad this time,” she said. “But I am happy that the media has covered my campaign, so I am grateful to all journalists.”
“Every community member needs to be inspired because we are not alone and we need to think that we have a large number of community members,ā added Honey Maharjan. āIf we do not come out, there will be difficulty, it’s our right.ā
She also dismissed the idea that many trans people are sex workers.
āMany people are working in different sectors. I would request everyone to come out and support the transgender candidate in the next election,ā said Honey Maharjan. āElections are important because it creates awareness about the candidate otherwise everyone would think that transgender community is engaged in sex work only that is not true.”
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