LGBTQ rights in Asia
From Wikipedia, the free encyclopedia
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, with an equal age of consent, in 7 territories
Legal in 1 territory
Allowed in 2 territories
Protected in 4 territories
LGBTQ rights in Asia | |
|---|---|
| Legal 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 |
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]

Same-sex sexual activity legal
Legislation by country or territory
North Asia
| 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 |
|---|---|---|---|---|---|---|---|
(de-facto illegal in Chechnya) |
Central Asia
| 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 |
|---|---|---|---|---|---|---|---|
Penalty: up to 2 years imprisonment. |
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Penalty: up to 3 years imprisonment. |
West Asia
| 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 |
|---|---|---|---|---|---|---|---|
(Disputed territory) |
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(Overseas Territory of the United Kingdom) |
+ UN decl. sign.[25] |
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+ UN decl. sign.[25] |
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+ UN decl. sign.[25] |
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+ UN decl. sign.[25] |
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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)[45]. For women, 100 lashes for women of mature sound mind and if consenting. Death penalty offense after fourth conviction.[25] |
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+ UN decl. sign.[25][50] |
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Penalty: Up to 1 year imprisonment (unenforced). |
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(Disputed territory) |
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Penalty: Fines and prison sentence up to 3 years (only enforced when dealing with "public scandal").[25] |
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| West Bank: Gaza: No consensus on legal applicability of British 1936 Sexual offences provisions to homosexual conduct[71][72][73][74] |
West Bank: Gaza: |
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Penalty: Fines, up to 7 years imprisonment[25] Death penalty for Muslims. |
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|
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(Disputed territory) |
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Penalty: Up to 3 years imprisonment. |
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Penalty: Maximum: Capital punishment[80] Minimum: Lashings, imprisonment and fines |
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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.[25] |
South Asia
| 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 |
|---|---|---|---|---|---|---|---|
Penalty: Death penalty[84] |
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Penalty: 10 years to life imprisonment (Occasionally enforced).[25][85] |
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(Overseas Territory of the United Kingdom) |
+ UN decl. sign.[25] |
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Penalty: Up to 8 years imprisonment, house arrest, lashings and fines. (unenforced)[90] LGBTQ welcomed in tourist islands.[91] |
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+ UN decl. sign.[25] |
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Penalty: 2 years to life sentence (Occasionally enforced).[25][95] |
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Penalty: Up to 10 years imprisonment with fines.[25] (Ruled unenforceable by the Supreme Court) Legalization proposed |
East Asia
| 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 |
|---|---|---|---|---|---|---|---|
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.[100][101] | |||||||
| The central government of China is responsible for the defense of Hong Kong.[103] | |||||||
+ UN decl. sign.[25] |
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| The central government of China is responsible for the defence of Macau. | |||||||
+ UN decl. sign.[25] |
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+ UN decl. sign.[25] |
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Southeast Asia
| 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 |
|---|---|---|---|---|---|---|---|
Penalty: Death by stoning (in abeyance, de jure), 7 year imprisonment and 100 lashes for men (de facto). Caning and 10 years prison for women.[120] |
Laws prohibit forms of gender expression. | ||||||
Penalty: Up to 1.5 years imprisonment[123] |
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Federal criminal law: Illegal since 1871, up to 20 years imprisonment and caning for anal sex (male/male or male/female);[25][127] State shariah law: Gay sex or lesbian sex, or both, are illegal for Muslims in all states and federal territories, except in Pahang.[c] |
Forms of gender expression are criminalized for Muslims under state shariah law.[131] | ||||||
Penalty: Up to 10 years in prison (unenforced).[25][132] |
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+ UN decl. sign.[134][25][135][136] [d] |
Nationwide anti-bullying law for basic education students.[144] |
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+ UN decl. sign.[25] |
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+ UN decl. sign. |
but same-sex couples can not adopt |
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+ UN decl. sign.[25] |
Public opinion
| Country or territory | Pollster | Year | For | Against | Neutral[e] | Margin of error |
Source |
|---|---|---|---|---|---|---|---|
| Pew Research Center | 2015 | 3% | 96% | 1% | ±3% | [156][157] | |
| Pew Research Center | 2023 | 57% | 42% | 1% | [158] | ||
| Ipsos | 2021 | 43% | 19% | - | [citation needed] | ||
| Women’s Initiatives Supporting Group | 2021 | 10% (12%) |
75% (88%) |
15% | [159] | ||
| Pew Research Center | 2023 | 58% | 40% | 2% | [158] | ||
| Pew Research Center | 2023 | 53% |
43% | 4% | ±3.6% | [160] | |
| Pew Research Center | 2023 | 5% | 92% | 3% | ±3.6% | [160] | |
| Pew Research Center | 2023 | 36% | 56% | 8% | ±3.6% | [160] | |
| 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] | |
| Pew Research Center | 2016 | 7% | 89% | 4% | - | [164][157] | |
| Pew Research Center | 2023 | 17% | 82% | 1% | [158] | ||
| SWS | 2018 | 22% | 61% | 16% | [165] | ||
| Ipsos | 2021 | 17% | 52% | - | [citation needed] | ||
| Ipsos | 2023 | 32% |
50% [23% support some rights] |
19% | ±3.5% | [163] | |
| Pew Research Center | 2023 | 45% | 51% | 4% | [158] | ||
| Ipsos | 2023 | 35% |
42% [18% support some rights] |
23% not sure | ±3.5% | [163] | |
| Pew Research Center | 2023 | 41% | 56% | 3% | [158] | ||
| Pew Research Center | 2023 | 23% | 69% | 8% | [158] | ||
| CNA | 2023 | 63% | 37% | [166] | |||
| Pew Research Center | 2023 | 45% |
43% | 12% | [158] | ||
| Ipsos | 2023 | 55% |
29% [18% support some rights] |
16% not sure | ±3.5% | [163] | |
| Pew Research Center | 2023 | 60% | 32% | 8% | [158] | ||
| Ipsos | 2023 | 20% |
52% [22% support some rights] |
28% not sure | ±3.5% [f] | [163] | |
| Pew Research Center | 2023 | 65% | 30% | 5% | [158] |
See also
Notes
- 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.
- 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.
- 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.
- Also comprises: Don't know; No answer; Other; Refused.
- [+ more urban/educated than representative]