Same-sex marriage in Nepal

On November 17, 2008, Nepal’s Supreme Court ruled in favor of laws to guarantee full rights to LGBT people, and all gender minorities must be defined as “natural persons” under the law; this included the right to marry. "This is a landmark decision for the sexual minorities and we welcome it," said Sunil Babu Pant, Nepal's first publicly gay lawmaker and a leading gay rights activist in South Asia. ^[1] The court asked the government to form a committee to study same sex partnership laws in other countries and asked that the new law does not discriminate against sexual minorities, including cross-dressing and transgendered people.^[2]^[3]^[4]^[5]

On March 22, 2009, Pant said in an interview with the Indo-Asian News Service that "Though the court has approved of same sex marriage, the government is yet to enact a law," signaling that while a same-sex marriage bill has been ordered by the Supreme Court, it has yet to be drafted or voted on, much less legislated.^[6] In June, 2009, Pant said the process has just started. “Nepal is going through transition and everything seems to move slowly. The seven-member committee has formed and just started working to study same-sex marriage bills in other countries. Hopefully they will draft the suggestion to make same-sex marriage law soon and give it to the Government to approve.” ^[7]

Several sources are reporting that same-sex marriage and protections for sexual minorities will be included in the new Nepalese constitution currently being drafted.^[8]^[9]

Nepal currently has the Interim Constitution. The Interim Constitution provides for a Constituent Assembly, which is charged with writing Nepal's permanent constitution. The CA is now in the process of preparing its first draft. Under the terms of the Interim Constitution, the new constitution was to be promulgated by November 30, 2011,^[10] but a final six month extension was granted just before this deadline bringing the date to May 31, 2012.^[11]

References

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[kon-2] Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.

[3] Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.

[4] Neither performed nor recognized in six British Overseas Territories.

[usa-5] Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.

[israel-6] Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.

[eu-7] 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. Some member states, including Romania, do not follow the ruling.

[8] A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.

[9] Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.

[10] Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.

[11] Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.

[12] Some cities and prefectures issue partnership certificates, but they are not legally binding.

[13] Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.

[14] Hospital visitation rights through a "legal representative" status.

[notyet-1] Not yet in effect.

[15] Nepal's Supreme Court OKs same-sex marriage

[16] Nepal Supreme Court orders full LGBT rights

[17] Nepal SC approves same-sex marriage

[18] Nepal approves same-sex marriage

[19] Nepal apex court okays same-sex marriage

[20] Gay Nepalese MP looks towards greater acceptance of gays and lesbians

[21] Progress in new republic of Nepal

[22] Nepal charter to grant gay rights

[23] Nepal 'to stage gay weddings on Everest'

[24] Nepali interim Constitution to be amended for extension of CA term

[25] ttp://www.google.com/hostednews/afp/article/ALeqM5j4M8Bx8kIDMazIL9VOU58jg4-n1g?docId=CNG.e39574da76c565cc5f310844b7ae501d.451

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See also

References