Recognition of same-sex unions in Bhutan

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Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
See also
Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. All EU member states except Romania follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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Bhutan does not recognise same-sex marriage or civil unions. A gender-neutral marriage bill was under discussion in the Parliament of Bhutan in 2018,[1] but has since stalled.

Background[edit]

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

Bhutan decriminalised same-sex sexual relations in 2021.[2][3] Legislation to this effect passed the Parliament of Bhutan in December 2020, and received royal assent and came into force in February 2021.[4] This was hailed as a "big stride forward" for LGBT rights in Bhutan. The Himal Southasian reported in November 2023 that "these two developments [the other being the crowning of Tashi Choden as Miss Bhutan in 2022] have encouraged [LGBT] Bhutanese, making them feel seen, recognised and included in a country where traditional values had earlier rendered them largely invisible. The community now hopes to capitalise on the momentum of the last few years to campaign for marriage equality, legal gender recognition and other crucial protections."[5][6] Activists had hoped that Supriyo v. Union of India, a court case seeking to legalise same-sex marriage in India at the Indian Supreme Court, would "bring a positive outcome that would also nudge Bhutan in the right direction." However, the court dismissed the case as a matter for the Parliament to decide.[7] Nevertheless, activists hope that "formal dialogue among community bodies and policymakers [...] will help bring clarity on issues like marriage equality".[5]

Legal situation[edit]

Bhutanese laws do not provide for same-sex marriages or other form of relationship recognition such as civil unions or domestic partnerships. The Marriage Act of Bhutan, 1980 (Dzongkha: གཉེན་འབྲེལ་གྱི་ཁྲིམས་ཡིག ༡༩༨༠,[8] gnyen 'brel gyi khrims yig 1980)[a] states that "a person has the right to marry any other person, irrespective of status, caste, wealth or appearance, provided the persons contracting the marriage thereof have expressly consented to their marriage." However, the Act generally refers to married spouses as "man and wife". It states that to receive a marriage license the couple "shall have to present before the Court as sureties a male person for the bridegroom and a female person for the bridge". If no provisions are contravened, then the couple "shall be recognised as a man and wife".[8] The Constitution of Bhutan does not explicitly address marriage or same-sex marriage, but states that "the State shall endeavour to promote those conditions that are conducive to co-operation in community life and the integrity of the extended family structure."[9]

A marriage bill with gender-neutral language was discussed during the 2018 summer parliamentary session,[1] but was deferred due to the 2018 parliamentary election. A progressive government led by Druk Nyamrup Tshogpa was elected in that election, and LGBT activists expressed their belief that the conversation around the bill would be revived. However, no discussion on the bill took place before the 2023–24 election.[1] Due to their inability to marry under Bhutanese law, same-sex couples do not enjoy the rights, benefits, obligations and responsibilities of marriage, notably they are not permitted to adopt, to inherit or to enjoy marital tax benefits.

When asked by a reporter in September 2022 if repealing the articles that criminalised same-sex sexual relations would be "only the first step", Prime Minister Lotay Tshering responded that "now, everything will be easier.", including same-sex marriage.[10] MP Dorji Khandu was also vocal about the legalization of same-sex marriage during discussions on the bill decriminalizing homosexuality.[11]

See also[edit]

Notes[edit]

  1. ^ Nepali: विवाह ऐन, Vivāha Aina

References[edit]

  1. ^ a b c "Bhutan prepares to repeal its anti-gay laws". Erasing 76 Crimes. 10 June 2019.
  2. ^ Kumari, Pradamini (10 June 2019). "Bhutan's Parliament Decriminalises Homosexuality, The LGBTQ Community Celebrates". ScoopWhoop.
  3. ^ "Bhutan parliament decriminalizes homosexuality, to delight of activists". The Times of India. December 10, 2020. Retrieved 2020-12-11.
  4. ^ "Bhutan drops its law against sodomy". Erasing 76 Crimes. 11 March 2021. Retrieved 12 March 2021..
  5. ^ a b "Bhutan took a step towards queer rights, but its LGBTIQ+ people want a giant leap". Himal Southasian. 21 November 2023.
  6. ^ "Bhutan's trailblazing beauty queen speaks up for LGBTQ community". France24.com. Thimphu. 12 July 2022.
  7. ^ Staff, The Wire (17 October 2023). "SC Doesn't Legalise Marriage Equality, 2 of 5 Judges Says Queer Couples Must Be Given Legal Rights". The Wire. New Delhi. Archived from the original on 17 October 2023. Retrieved 17 October 2023.
  8. ^ a b "Marriage Act of Bhutan, 1980" (PDF). oag.gov.bt. Retrieved 20 April 2024.
  9. ^ "Constitution of the Kingdom of Bhutan" (PDF). Local Government Functionnaries. Retrieved 20 April 2024.
  10. ^ Chan, Michelle Jana (10 November 2022). "Up in a tiny Himalayan kingdom, an LGBTQ revolution is on the climb". Los Angeles Times.
  11. ^ Drukpa, Usha (18 January 2020). "National Council divided on unnatural sex clause". The Bhutanese.
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