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Recognition of same-sex unions in Myanmar

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Marriage legal

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
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Notes
  1. ^ a b 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.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e 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.
  7. ^ 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.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
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Myanmar does not recognise same-sex marriage or civil unions. Burmese law recognises different family laws for its four main religions, Buddhism, Christianity, Islam and Hinduism, none of which permit same-sex unions.[1]

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Background

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On 18 November 2013, a man and a transgender woman were married in Mawlamyine, drawing "harsh criticism and threats in the local community and from authorities".[2] In March 2014, a same-sex couple, Myo Min Htet and Tin Ko Ko, held a wedding ceremony in Yangon in traditional Burmese clothing after having lived together for 10 years.[3][4] The marriage was performed in front of 200 friends and family members, but lacks legal recognition in Myanmar. The Diplomat called the ceremony "a huge victory for the country's LGBT community, considering the climate of harassment and oppression of marginalized groups under the former military junta".[5] It triggered a backlash from social conservatives, who queried why the anti-homosexuality laws had not been enforced against them.[6] Indeed, same-sex sexual relations are outlawed in Myanmar under a colonial-era law introduced during the time of the British Raj.[7]

In May 2024, a lesbian couple were married at a pride parade in Chiang Mai, Thailand. "This is an opportunity we cannot get in our country," said the couple, who cited Myanmar's laws and the "frequent abuse, discrimination and imprisonment" under the military junta that came to power after the 2021 coup d'état as their reasons for fleeing Myanmar.[8]

Restrictions

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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
  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

Similarly to India, Myanmar recognises different family laws according to the religion or community of the parties, originating due to Myanmar's former status as part of the British Raj. The Myanmar Customary Law (Burmese: မြန်မာ့ဓလေ့ထုံးတမ်းဥပဒေ, Myanmar Dhalaehtonetam Upaday) is the law that applies to all Buddhists.[9] It mainly concerns family matters, such as marriage, divorce, matrimonial rights, and inheritance. The Myanmar Customary Law is not a written, enacted law. It has been developed by the courts and individual pieces of legislation (such as the Buddhist Women's Special Marriage Law), as well as some principles of Dhammathats, general principles in accordance with modern customs and habits of Buddhists. The law states that in order to form a valid Buddhist marriage:[9]

  • The man should have attained puberty.
  • The woman should be above twenty years of age, except if a widow, a divorcée, or a woman under twenty years of age who has obtained her parents' or guardians' consent.
  • The parties must give their mutual and free consent to become husband and wife.
  • The parties must be mentally competent.
  • The woman should not already be married.
  • If there is no marriage ceremony, the couple must openly live together as husband and wife.

Family laws for Myanmar's three other officially recognised religions, Christianity, Islam and Hinduism, do not recognise same-sex marriages. These personal laws largely consist of case law, although there are some legislation which have been passed by the various parliaments of Myanmar, based on similar legislation passed in British India during the colonial period.[1] The Christian Marriage Act, 1872 regulates the marriage and divorce of Christians. A Christian marriage may be solemnised "by any person who has received episcopal ordination, provided that the marriage be solemnized according to the rules, rites, ceremonies and customs of the Church of which he is a Minister", and requires that "the age of the man intending to be married shall exceed sixteen years, and the age of the woman intending to be married shall exceed thirteen years".[10] Islamic family law consists of court precedents, requiring that "every Muslim of sound mind and having reached the age of majority may enter into a contract of marriage, in the presence of the witnesses." A Muslim female who is under 18 years of age and not less than 16 years of age may enter into a contract of marriage with the agreement of her legal guardians.[11]

The Special Marriage Act 1872 (Burmese: အထူးထိမ်းမြားခြင်းဆိုင်ရာအက်ဥပဒေ ၁၈၇၂, Aahtuu Htaimmyarrhkyinn Sineraraaatupaday 1872) provides for marriages "between persons neither of whom professes the Christian or the Jewish, or the Hindu or the Muhammadan, or the Parsi or the Buddhist, or the Sikh or the Jaina religion or between persons each of whom professes one or other of the following religions, that is to say, the Hindu, Buddhist, Sikh or Jaina religion". The act allows for interfaith marriages, and does not explicitly forbid same-sex marriages. However, it generally assumes that the parties to a marriage are not of the same sex. With regards to whom may marry, the act states that "the man must have completed his age of eighteen years, and the woman her age of fourteen years, according to the Gregorian calendar".[12]

Today, many young couples apply to marry in front of a judge or magistrate and swear an oath and sign affidavits, in the presence of two witnesses, stating their eligibility and intention to marry.[9] Same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including adoption and inheritance rights, among others.[9] In November 2013, human rights activist Aung Myo Min called for the legalization of same-sex marriage, "All people have their own rights. They have right to get married to whoever they want. Men can marry men, women can marry women. This is their private right."[2] The legalisation of same-sex marriage in Thailand received some media coverage in Myanmar.[13][14]

See also

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References

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  1. ^ a b Crouch, Melissa (2015). "Constructing Religion by Law in Myanmar". The Review of Faith & International Affairs. 13 (4): 1–11. doi:10.1080/15570274.2015.1104961.
  2. ^ a b Weng, Lawi (29 November 2013). "LGBT Groups Call for Burma's Penal Code to Be Amended". The Irrawaddy.
  3. ^ Hawley, Samantha (4 March 2014). "Myanmar couple in 'first public gay wedding ceremony'". ABC News. Australian Broadcasting Corporation. Retrieved 9 October 2018.
  4. ^ Barsotti, Natasha (3 March 2014). "Myanmar: Gay couple weds even though marriage has no legal standing". Xtra magazine.
  5. ^ McFetridge, Matthew (5 September 2024). "The Outlook for LGBT Rights in Myanmar". The Diplomat.
  6. ^ "Burma's homosexuality law 'undermining HIV and Aids fight'". The Guardian. 21 March 2014. Retrieved 9 October 2018.
  7. ^ "Year End Review on LGBT rights". Myanmar Times. 28 June 2019. Archived from the original on 16 July 2019. Retrieved 29 December 2018.
  8. ^ "Myanmar LGBTQ Couple Tie Knot at Thai Pride". The Irrawaddy. 28 May 2024.
  9. ^ a b c d Cho, Yee Yee (2016). "Women's Rights under Myanmar Customary Law" (PDF). Dagon University Research Journal 2012. 4.
  10. ^ "The Christian Marriage Act, 1872" (PDF). AsianLII. Retrieved 7 October 2024.
  11. ^ "The Administration on Islamic Law of Marriage in Myanmar" (PDF). Burma Library. Retrieved 7 October 2024.
  12. ^ "Special Marriage Act, 1872". AsianLII. Retrieved 7 October 2024.
  13. ^ "လိင်တူလက်ထပ်ထိမ်းမြားခွင့်ကို ထိုင်းဘုရင်မင်းမြတ် အတည်ပြုပေးလိုက်ပြီ". BBC News (in Burmese). 25 September 2024.
  14. ^ "လိင်တူလက်ထပ်ခွင့်ရပြီးနောက် ဘန်ကောက်မြို့တော်၌ ထောက်ခံသူများ အောင်ပွဲခံ". DVB (in Burmese). 26 September 2024.
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