LGBTQ rights in Asia

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Laws governing lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are complex in Asia, and acceptance of LGBTQ people varies. Same-sex behavior is illegal in 21 Asian countries. The behavior is punishable by death in Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen.[1] Same-sex behavior is also punishable by imprisonment in 14 other Asian countries, such as Iraq, Kuwait, Malaysia, Oman and Syria.[2][3] 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.[4][5] While egalitarian relationships have become more frequent in recent years, they remain rare.[3][6][7]

Legal statusLegal, with an equal age of consent, in 29 out of 50 states
Legal, with an equal age of consent, in 7 territories
Gender identityLegal in 23 out of 50 states
Legal in 1 territory
MilitaryAllowed in 9 out of 50 states
Allowed in 2 territories
Discrimination protectionsProtected in 14 out of 50 states
Protected in 4 territories
Quick facts Legal status, Gender identity ...
LGBTQ rights in Asia
Legal statusLegal, with an equal age of consent, in 29 out of 50 states
Legal, with an equal age of consent, in 7 territories
Gender identityLegal in 23 out of 50 states
Legal in 1 territory
MilitaryAllowed in 9 out of 50 states
Allowed in 2 territories
Discrimination protectionsProtected in 14 out of 50 states
Protected in 4 territories
Family rights
Recognition of relationshipsRecognized in 5 out of 50 states
Recognized in 4 territories
RestrictionsSame-sex marriage constitutionally banned in 5 out of 50 states
AdoptionLegal in 2 out of 50 states
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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.[8][9] 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,[10][11][12][13][14][15][16] whereas the Yuan Dynasty (descended from the Mongol Empire) implemented a crackdown on homosexuality in China that was continued by the Ming Dynasty.[17][18]

Many Asian countries, including Russia, 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.[19]

The two Asian jurisdictions which nationally recognize same-sex marriage include Taiwan and Thailand.[20][21] 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.[22][23]

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Unregistered cohabitation
  No recognition of same-sex couples
Ambiguous
  Restriction on freedom of expression, not enforced
  Severe restriction of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

Legislation by country or territory

This table:

North Asia

More information LGBT rights in:, Same-sex sexual activity ...
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 Russia Yes Yes Fully legal nationwide since 1993[24][25]

(de-facto illegal in Chechnya)
No No No No Constitution limits marriage to opposite-sex couples since 2020 No No Yes Yes[26] No No No No Gender change has not been legal since 2023[27]
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Central Asia

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West Asia

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South Asia

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East Asia

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Southeast Asia

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Public opinion

  Indicates the country/territory has legalized same-sex marriage nationwide
  Indicates that same-sex marriage rights are pending
  Indicates that the country has civil unions or registered partnerships
  Indicates that same-sex sexual activity is illegal
More information Country or territory, Pollster ...
Opinion polls for same-sex marriage by country
Country or territory Pollster Year For Against Neutral[e] Margin
of error
Source
Armenia Armenia Pew Research Center 2015 3% 96% 1% ±3% [156][157]
Cambodia Cambodia Pew Research Center 2023 57% 42% 1% [158]
China China Ipsos 2021 43% 19% - [citation needed]
Georgia (country) Georgia Women’s Initiatives Supporting Group 2021 10%
(12%)
75%
(88%)
15% [159]
Hong Kong Hong Kong Pew Research Center 2023 58% 40% 2% [158]
India India Pew Research Center 2023 53%
43% 4% ±3.6% [160]
Indonesia Indonesia Pew Research Center 2023 5% 92% 3% ±3.6% [160]
Israel Israel Pew Research Center 2023 36% 56% 8% ±3.6% [160]
Japan Japan Kyodo News 2023 64%
(72%)
25%
(28%)
11% [161]
Asahi Shimbun 2023 72%
(80%)
18%
(20%)
10% [162]
Ipsos 2023 38% 40% [31% support some rights]
22% not sure ±3.5% [163]
Pew Research Center 2023 68%
26% 6% ±2.75% [158]
Kazakhstan Kazakhstan Pew Research Center 2016 7% 89% 4% - [164][157]
Malaysia Malaysia Pew Research Center 2023 17% 82% 1% [158]
Philippines Philippines SWS 2018 22% 61% 16% [165]
Russia Russia Ipsos 2021 17% 52% - [citation needed]
Singapore Singapore Ipsos 2023 32%
50% [23% support some rights]
19% ±3.5% [163]
Pew Research Center 2023 45% 51% 4% [158]
South Korea South Korea Ipsos 2023 35%
42% [18% support some rights]
23% not sure ±3.5% [163]
Pew Research Center 2023 41% 56% 3% [158]
Sri Lanka Sri Lanka Pew Research Center 2023 23% 69% 8% [158]
Taiwan Taiwan CNA 2023 63% 37% [166]
Pew Research Center 2023 45%
43% 12% [158]
Thailand Thailand Ipsos 2023 55%
29% [18% support some rights]
16% not sure ±3.5% [163]
Pew Research Center 2023 60% 32% 8% [158]
Turkey Turkey Ipsos 2023 20%
52% [22% support some rights]
28% not sure ±3.5% [f] [163]
Vietnam Vietnam Pew Research Center 2023 65% 30% 5% [158]
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See also

Notes

  1. In Taiwan, gender change is not explicitly stated in any law; instead it is permitted by an executive order published by the Ministry of the Interior, which dictates that sex reassignment surgeries are required before gender change. In 2021 a judgement by the Taipei High Administrative Court[119] ruled that the executive order above was unconstitutional and therefore the defendant (district household registration office) must allow the plaintiff to change their gender. The judgement was finalized since the defendant did not appeal. However, since rulings in Taiwan are generally not precedential, said judgement only applies to the plaintiff and does not bind other cases nor the executive branch.
  2. There are no provision that specifically criminalise lesbian sex under Malaysia's federal criminal law, and there is no known case of lesbian being charged for lesbian sex under Section 377D of the Penal Code. See LGBTQ rights in Malaysia § Federal criminal law for details.
  3. See LGBTQ rights in Malaysia § State Shariah law for details. Some state shariah law criminalising same-sex intercourse have also been nullified by the Federal Court of Malaysia due to conflicts with federal law and the Malaysian Constitution.
  4. Except for the settlements Marawi and M'lang.
  5. Also comprises: Don't know; No answer; Other; Refused.
  6. [+ more urban/educated than representative]

References

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