2022 in worldwide LGBT rights progress – Part 4: Asia

2022 turned out to be a major year for the advancement of LGBT rights with huge developments in every corner of the world. To celebrate this progress and highlight some of the challenges ahead for the global LGBT community, 76crimes is presenting this six-part series looking at the wins and losses queer people achieved in 2022.

Earth’s largest continent has been emerging as a region where LGBT rights are taking rapid advances forward — which is great news, since most of the world’s queer people live here.

We’re also continuing to see great repression against LGBT people and expression in several parts of the region, and some worrying trends that we should keep an eye on in 2023.

This article originally appeared on 76crimes Contributing Editor Rob Salerno’s personal blog.

Earlier in this series – Part 1: North America | Part 2: Latin America and Caribbean | Part 3: Africa and Oceania

West Asia

Israel: A court ruling allowing same-sex couples to use surrogacy went into effect in January, and the health ministry banned conversion therapy the following month. Unfortunately, the coalition government collapsed shortly thereafter and the Netanyahu-led bloc of right-wing parties regained power in the following election. This time, the coalition is held together with even more far-right nationalist wingnuts who openly oppose LGBT rights and rights for the Arab minority and want to roll back Israel’s limited protections and ban pride parades. Netanyahu is not likely to give in to their most extreme demands, and has even been forced to denounce recent statements and proposals from his own new coalition partners, but queer Israelis must be vigilant and shouldn’t expect any legislative progress for the next four years (or until this coalition collapses too).

Same-sex marriage is not currently legal in Israel, but the government recognizes marriages performed overseas, including marriages performed over Zoom with an officiant in Utah. It’s still unclear exactly what this recognition entails, i.e., is a same-sex marriage conducted in Utah considered legal in Israel for all purposes?

Lebanon: The Interior Minister attempted to ban Pride events this year. Meanwhile, the Lebanese Psychiatric Association reiterated its position that homosexuality is not a disease that can be cured.

The legal status of same-sex intercourse remains murky in Lebanon. Several courts have ruled that homosexuality is not covered under the law banning sexual relations “contradicting the laws of nature,” but the law has not been repealed. Police and judges are generally not enforcing the law, per reports.

Qatar: The eyes of the world were on Qatar for the FIFA World Cup, and despite promises that LGBT fans would be welcome, there were multiple reports that fans wearing rainbow flags or otherwise appearing gay were turned away or harassed by officials. And quite frankly, what were those fans thinking? That they should have benefited from a special exemption for foreigners while the country continues to brutalize its domestic LGBT population (not to mention its foreign laborers)? In any event, the World Cup was a debacle for human rights and everyone involved with the selection of Qatar as host should be ashamed.

United Arab Emirates: Censors took aim at the Disney movie Lightyear for its marginal lesbian character. The UAE was one of several markets where the film was banned. The UAE government also successfully pressured Amazon to drop sales of LGBT-themed products in the country.

A new Penal Code decriminalizing extramarital sex came into effect in January, but it apparently maintains its criminal prohibition on sodomy.

Iraq: The Iraqi Parliament considered a law that would explicitly criminalize gay sex, although the Penal Code already contains several provisions that are used to target LGBT people, making it a de facto criminalizing country. The autonomous Kurdistan region also considered legislation criminalizing LGBT rights advocacy. LGBT activists were routinely targeted for harassment and violence nationwide.

Kuwait: The Constitutional Court struck down a law that criminalizes “imitation of the opposite sex.” A similar laws is still on the books in Oman.

Iran: The government continued executing LGBT people in 2022. But the story of the year is probably the long-running massive protests calling for regime change sparked by the death of a woman after she was arrested by the state’s morality police. As of time of writing, the protests were ongoing.

Central Asia

Kazakhstan: The government clarified that there is no prohibition on queer people serving in the country’s military.

Uzbekistan: An activist received a three-year sentence for “libel and public insult” when he criticized the country’s sodomy law.

Afghanistan: The return of Taliban rule after the US and NATO pullout has put LGBT people, women, and non-Muslims in a more precarious position. The Taliban has restored and increased the use of the death penalty, and public floggings for homosexuality have been reported.

South Asia

India: The Supreme Court began hearings seeking the right to same-sex marriage under the Special Marriage Act (the country’s secular marriage law) in November and demanded the government to respond by end of December. A ruling is expected in the new year. The case consolidates a number of lower court cases, however, there are also cases in lower courts seeking same-sex marriage under the country’s Hindu Marriage Act and Foreign Marriage Act. Analysts are widely expecting the Supreme Court to rule in favor, citing a number of recent rulings in favor of privacy, LGBT, and family rights, and the recent appointment of an LGBT ally as Chief Justice.

One of those recent judgements this year ordered the government to consider a wide definition of family that is inclusive of LGBT families. Earlier this summer, the Supreme Court ruled that unmarried couples, including same-sex couples, must be granted equal rights by the government. This is effectively a legalized form of cohabitation. It is not yet clear how this will work in practice.

An opposition MP also introduced a private member’s bill to legalize same-sex marriage under the Special Marriage Act, but it has not progressed.

Obviously, if India legalizes same-sex marriage, it would be the largest nation to do so by population. In fact, it would double the global population living in an equal marriage state. It would also likely be the first UN member state in Asia to do so.

Meanwhile, the National Medical Commission banned the practice of conversion therapy.

The courts also ordered Tamil Nadu state to prepare an action plan to promote LGBT rights.

India also expanded the use of the death penalty, by applying it to maritime piracy for the first time.

Sri Lanka: The UN Committee for the Elimination of All Forms of Discrimination Against Women issued a sweeping ruling against laws criminalizing lesbian sex, saying they were inconsistent with Sri Lanka’s international obligations, particularly under CEDAW. Not only is this a sweeping victory for Sri Lankan queers, but it paves the way for future challenges to sodomy laws in other countries that are CEDAW signatories.

The ruling doesn’t actually repeal the law but calls on the government to do so. A private members bill has been introduced to repeal it, and the government has said it is not opposed to the repeal, but it hasn’t taken any action on it either. In part, this is because of Sri Lanka’s ongoing political and financial crisis, which does not seem to be resolving soon.

Bhutan: Following decriminalization last year, the small LGBT community has become increasingly vocal and understood. There have been calls for anti-discrimination laws and same-sex marriage.

Nepal: The Supreme Court ordered the government to recognize a trans woman as a woman, rather than as “third gender,” which is a common way trans people are classified in South Asian countries.

Pakistan: Some anti-LGBT activists have called for repeal of the country’s Transgender Person (Protection of Rights Act) 2018, which banned anti-trans discrimination. Sodomy remains illegal in Pakistan.

The government eliminated the death penalty for drug smuggling, but maintained it for several other offences.

Southeast Asia

Singapore: Singapore’s Parliament voted to repeal the law criminalizing gay sex in November, following a court ruling that found the law unenforceable as long as the government’s announced policy of not pursuing prosecutions under it remained unchanged. At the same time, Parliament passed a constitutional amendment proposed by the government to establish that only Parliament has the right to define marriage, effectively closing off any potential appeal to the courts to legalize same-sex marriage.

As I wrote for 76crimes at the time, this still a clear huge win for LGBT activists. Given the reluctance of the courts to decriminalize sodomy, they were unlikely to ever rule for same-sex marriage. Decriminalizing gay sex gives LGBT activists in Singapore the breathing room and freedom to push for greater reforms through the democratic process.

Thailand: Although the military-backed government approved a same-sex civil union bill that granted limited rights to LGBT couples, Parliament decided to advance two bills that would legalize equal marriage as well. The bills are all being studied in committee, which is expected to harmonize them somehow. Parliament will then decide which of the bills it wants to approve, possibly sometime next year. However, it’s possible it won’t get to a vote before Parliament is dissolved for the May elections.

Vietnam: The government banned conversion therapy as a medical treatment.

Indonesia: Parliament passed a new Criminal Code in December that criminalizes sex and cohabitation between unmarried people. It is not entirely clear if this includes gay sex (since same-sex marriage is impossible in Indonesia). But Parliament deliberately excluded a separate clause on same-sex relations from the final draft. It appears this will be up to the courts and prosecutors to decide, which is not the best of circumstances either. The bill will come into force in three years. Gay sex will remain illegal in the autonomous Aceh province, which has a shariah-inspired legal system.

The sex provisions are fiercely opposed by many in Indonesia, including in the business community, who see it threatening tourism, investment, and talent retention.

Also in December, it emerged that two male soldiers had been jailed for having sex, despite there being no clear law against gay sex in the military code. They were convicted under the crime of “inappropriate behavior,” kicked out of the military, and sentenced to seven months.

Malaysia: The main news this year was the election of new Prime Minister Anwar Ibrahim, an opposition figure who was twice jailed on (possibly trumped-up?) charges of sodomy. He is, I believe, the first world leader elected after being convicted for sodomy. Despite this, Ibrahim supports “Islamic democracy” and has, as recently as December, sued someone for defamation who called him an LGBT supporter. He has, however, in the past, called for “reform” of sodomy laws short of legalizing homosexuality (ie, setting a higher threshold for conviction, banning homosexual conduct in public, etc.). In another possible sign of good news, Ibrahim has appointed a woman who some in the gay community claim as ‘one of their own’ as minister of law and institutional reform.

I have seen a report that prior to the election, the outgoing government passed a law that criminalizes cross-dressing, and that the new government wants to extend it somehow, but I have few details.

Malaysia debated dramatically curtailing the use of the death penalty and ending its mandatory application, and the new government has said it plans to table several bills to do so in February.

Philippines: Bills seeking same-sex civil unions, marriage, and banning anti-LGBT discrimination continue to languish in Congress. In the meantime, Albay became the 8^th (of 82) provinces to pass an anti-discrimination law.

East Asia

Japan: Courts continued to disagree over same-sex marriage. While last year, the Sapporo court found the ban on same-sex marriage unconstitutional, this year, an Osaka court found it constitutional, and then a Tokyo court found it constitutional but said the government had to give same-sex couples an alternative, equal form of recognition. The couple involved is appealing the Tokyo decision. Two more regional courts are set to decide on the issue in May and June of next year, and it’s likely to end up at the Constitutional Court. Japan is the only G7 country that does not recognize same-sex unions.

The national government has refused to pass any recognition of same-sex unions. However, local governments have stepped up. Aomori, Akita, Fukuoka, Tochigi, and Tokyo Metropolis became the latest prefectures to enact partnership registries, while registries will come into force in Shizuoka, Nagano, and Toyama prefectures next year, bringing the total to 13/47, representing more than 1/3 of the population. In December, three more prefecture governments began debate on bills to introduce partnership registries: Iwate, Shimane, and Tokushima. Additionally, 260 municipalities have their own partnership registries (although some of them overlap with the prefectures).

In December, the government proposed a reproductive services bill that explicitly limits IVF to heterosexual married couples. The government continued to resist calls to pass a nondiscrimination bill, but Akita became the third prefecture (of 47) to pass a local nondiscrimination bill.

In other news, the national elections in July took an ugly turn when it emerged that the ruling LDP had issued a booklet claiming that homosexuality is a disease.

South Korea: The Constitutional Court scrapped a section of the military code that forbade gay sex, ruling it cannot be applied to consensual acts that occur off-duty and off-base. The law affected all gay men in South Korea, as all men are required to serve in the military.

A court also refused to grant health insurance to a same-sex spouse, ruling that only an opposite-sex spouse is eligible.

Taiwan: A court granted a same-sex couple the right to jointly adopt a child in January. The legislature has not yet codified the decision into law (the current law only allows step-child adoption and only if the step-child is biologically related to the partner).

China: Crackdowns on LGBT expression continued. One noticeable event: Grindr was removed from app stores ahead of the Beijing Olympics. China continues to have a “legal guardianship” system open to any two adults, which has been used by some same-sex couples to sort out their legal affairs and rights, even if it doesn’t really form the basis of a family or relationship recognition.

Tomorrow, we’ll take a look at Europe, which was home to some incredible progress as well as alarming trends this year.