LGBTQ rights in Asia

Laws governing lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are complex in Asia, and acceptance of LGBTQ people varies. Same-sex sexual activity is outlawed in twenty-one Asian countries. In 7 of these countries, Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty.^[1][2] 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.^[3][4] While egalitarian relationships have become more frequent in recent years, they remain rare.^[2][5][6]

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.^[7][8] 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,^{[9][10][11][12][13][14][15]} whereas the Yuan Dynasty (descended from the Mongol Empire) implemented a crackdown on homosexuality in China that was continued by the Ming Dynasty.^[16][17]

Many Asian countries 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.^[18]

The only Asian jurisdictions which nationally recognize same-sex marriage are Taiwan and Thailand.^[19][20] 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.^[21][22]

Laws regarding homosexuality in Asia
Same-sex sexual activity legal

  Marriage performed

  Marriage recognized

  Other type of partnership

  Legal guardianships or unregistered cohabitation

  Limited foreign recognition (residency rights)

  No recognition of same-sex couples

Ambiguous

  Restrictions on freedom of expression, not enforced

  Severe restrictions of association with arrests or detention

Same-sex sexual activity illegal

  Prison, not enforced

  Prison

  Death penalty on books, not enforced

  Enforced death penalty

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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
Russia	Yes Fully legal nationwide since 1993[23][24] (de-facto illegal in Chechnya)	No	No Constitution limits marriage to opposite-sex couples since 2020	No	Yes[25]	No	No Gender change has not been legal since 2023[26]

See also

• Asia portal
• LGBTQ portal

• Recognition of same-sex unions in Asia
• Human rights in Asia
• Over the Rainbow (organization)
• LGBTQ rights by country or territory
• LGBTQ rights in Europe
• LGBTQ rights in the Americas
• LGBTQ rights in Oceania
• LGBTQ rights in Africa

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^[125] 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's 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.