Queer community lauds Supreme Court’s order on same-sex marriage

On June 29, the Supreme Court issued an interim order to the government to ensure marriage registration of same-sex and other non-traditional heterosexual couples. It was a landmark decision for same-sex couples as well as individuals identifying as part of the LGBTIQA+ community. As per the court’s order the government must now set up a transitional mechanism to register the marriage of same-sex and non-traditional heterosexual couples, and amend the laws related to marriage in the Civil Code 2017. While the queer community and their supporters have lauded the court’s order, some  politicians  have taken it as an affront to their faith and values. One prominent figure offended by the idea of legitimizing same-sex marriage is Kamal Thapa, a former deputy prime minister and the leader of Rastriya Prajatantra Party.

“The Supreme Court’s decision regarding the registration of same-sex marriages is flawed. Same-sex marriage is against natural law, social norms and culture. Marriage is a sacred relationship between a man and a woman. If same-sex marriage is legalized, it will lead to family confusion and social distortion [translated from Nepali],” the Hindu right-wing leader wrote on his Twitter following the court’s order.

People’s perception toward same-sex marriage is divided. While some support Thapa’s ideology, there are individuals who disagree with him at the same time. Rabindra Mishra, senior vice-chairman of RPP, replied to Thapa’s tweet in favor of the LGBTIQA+ community and the court’s recent decision. “When I looked at his [Thapa] tweet, I could see many individuals supporting and defending us against his ideology. That, I think, shows that there are people accepting us gradually,” says Pinky Gurung, president, Blue Diamond Society (BDS). On June 7, Gurung and eight other applicants representing the LGBTIQA+ community had filed a public interest litigation at the Supreme Court, calling for legitimization of same-sex marriage. Gurung says although it is important for her community that the people accept and support same-sex marriage, their main focus right now is to claim the rights they deserve. The court’s decision is also momentous for Nepal as a country itself for being the most queer-friendly country—at least in terms of law—in the whole of South Asia. No wonder, the Supreme Court’s decision was praised by the international community. US Ambassador to Nepal Dean R Thompson tweeted, saying the decision was “a significant step toward marriage equality and recognition in Nepal that marriage is a fundamental right.” Australian Ambassador Felicity Volk also tweeted in favor of the court’s decision, saying that “Nepal continues to demonstrate regional leadership in promoting the rights of LBGTIQA+ communities.” It has been a long battle for the queer community of Nepal to have their nuptials recognized as a legal union. The first writ peition to legalize same-sex marriage was filed back in 2004, and the Supreme Court had formed a seven-member committee in 2007 to study the legalization of same-sex marriage. The committee’s report was submitted to the Office of the Prime Minister and the Council of Ministers in 2015, which in turn forwarded  it to the  Ministry of Women, Children, and Senior Citizens. But no further actions were taken. Sujan Panta, advocate and legal expert on LGBTIQA+ rights, says that one of the major reasons behind the ministry’s lack of interest to amend the marriage laws to recognize the same-sex union is because many people in the position of power still hold beliefs similar to that of Thapa. “Majority of them still find same-sex marriage to be ‘unnatural’, but with this court order, Nepal took its first step toward legalizing same-sex marriage,” adds Panta. While Nepal’s constitution states that there “shall be no discrimination when it comes to sex or matrimonial status”, the National Civil (Code) Act, 2017, still dictates marriage to be the union between a man and a woman. “If we were to completely legalize same-sex marriage, a total of 18 articles needs to be amended,” says Panta. Sunil Babu Pant, politician  and LGBTIQA+ rights activist, says despite many amendments needed, the marriage registered will be valid and permanent. “The reason the court has ordered for a spearate mechanism to register same-sex marriage is to provide time for the lawmakers to amend the marriage law,” he adds. The LGBTIQA+ community of Nepal has only won half the battle; there are many challenges ahead. But for those who have been deprived of legal marriage documents because of their sexual identity, this is a cause for celebration. Maya Gurung, a 38-year-old transwoman, has been married to her partner Surendra Pandey for the past six years. Now with the court order, Gurung says she is overwhelmed with joy. “Now we can finally feel that our marriage will be legally secure,” she says. Gurung is looking forward to receiving the privileges all married couples do. Not being able to register their marriage had deprived them from several services like opening a joint bank account or registering each other as spouses in hospitals. Registrations at government offices are another hassle. Not having a legal document also deprives couples from participating in their partner’s funeral. Dilmaya (Aniee) Tamang, a 30-year-old transwoman, has been in a living relationship for the past 10 years. The major struggle for her and her partner was finding a flat to rent. “People would ask us for our marriage registration, or our citizenship where we both are registered as males,” she says. With the latest court order, Tamang and her partner can finally be registered as a married couple. “But this won’t be enough. Our society is not yet ready to accept our sexual identity and orientation. We still have a long fight ahead of us,” she says. Gurung, the president of BDS, says the court decision gives same-sex couples some hope for the future. “We have come across many suicides and suicide attempts among same-sex couple because of they were not accepted by our society and made to feel insecure for their sexual identity,” she says. Gurung believes that the Supreme Court has given a lot of couples, married or thinking of getting married, legal validation to their relationship. As for the society’s acceptance, she believes the the process will be gradual, and that the legalization of same-sex marriage will definitely plays a big role in changing the perception of individuals and society. “When there are laws backing us up, people will be compelled to accept that despite their disagreement,” says Gurung. “We also need to spread awareness, not just for acceptance but also to help people come to terms with their sexual orientation.”