Same-sex marriage in Nepal
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Same-sex marriage has been legal nationwide in Nepal since 27 April 2024. On 28 June 2023, Supreme Court Justice Til Prasad Shrestha directed the government to establish a "separate register" for "sexual minorities and non-traditional couples" and to "temporarily register [their marriages]".[1][2] Despite the directive, a district court in Kathmandu denied a same-sex couple's application to marry on 13 July 2023.[3][4] In the last week of November 2023, the couple was informed by the Ministry of Home Affairs that their marriage would be registered.[5] They successfully registered their marriage on 29 November 2023 in Dordi, followed by two other couples over the following months.[6][7][8][9] On 27 April 2024, the Ministry of Home Affairs issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into a separate register.[10] The directive opened marriage to same-sex couples nationwide, making Nepal the 37th country in the world and the second in Asia to do so. However, it does not allow married same-sex couples to adopt.
Nonetheless, no supporting legislation has been passed by the Federal Parliament,[11][12] and the Supreme Court has yet to deliver a final verdict on the case.[13][14][15] A first hearing was expected to begin on 14 March 2024.[16]
In 2011 and 2012, as the country was undergoing a political transition, there was an attempt to add LGBT-inclusive language to the proposed constitution, following a demand by the Supreme Court. However, negotiations among political factions failed in spring 2012 and the drafting of a new constitution was placed on hold until new elections were held. A constitution was approved by the Constituent Assembly on 16 September 2015,[17] and while it includes "gender and sexual minorities" as a protected category, it does not address same-sex marriages.[18] The National Code of Nepal enacted in 2018 explicitly defines marriage as "when a man and a woman accept each other as husband and wife".[19]