Nepal Supreme Court rules in favour of equal marriage in huge win for LGBTQ+ rights

Nepal’s Supreme Court has ruled in favour of equal marriage in a huge win for LGBTQ+ rights.

On 18 June, the court ordered the South Asian country’s government to ensure equal marriage rights for queer and trans people. The ruling makes Nepal the 40th country worldwide to legally recognise equal marriage.

Equal marriage was previously recognised in Nepal following an interim ruling in 2023 from the Supreme Court, when a group of nine LGBTQ+ activists sued the country’s marriage laws that defined marriage as a union between a man and a woman.

The lawsuit led to the court ordering Nepal’s government to create a new marriage register for couples from gender minority communities.

This month, the court’s new ruling will provide certainty and security for Nepali LGBTQ+ couples wishing to marry in the future.

Speaking to Nepali non-profit Pahichan on 19 June, human rights activist, monk and former politician Sunil Babu Pant said: “This landmark ruling marks a historic milestone for equality, dignity, and human rights in Nepal, while providing crucial legal clarity and protection for the rights of same-sex couples.”

They continued: “The verdict reaffirms the constitutional principles established in Sunil Babu Pant vs Nepal govt, and strengthened through later cases, including Maya Surendra’s first-ever legal registration of non-traditional heterosexual marriage in Nepal.

“It confirms that gender and sexual minority couples are entitled to equal protection of the law and reinforces Nepal’s commitment to inclusion, equality, and non-discrimination.”

The Blue Diamond, an LGBTQ+ rights organisation based in Nepal, also celebrated the decision.

“The ruling is now the fourth Supreme Court decision over nearly two decades that makes clear: the freedom to marry the person you love is a guarantee under Nepal’s Constitution, and LGBTQIA+ couples and their families must be afforded the dignity, respect, and protections that only marriage can provide,” the group shared in a statement on Instagram.

“With this victory, a counter-writ petition filed by advocate Yuvraj Paudel aiming to block these rights was decisively dismissed by the court,” it continued.

“We, the Blue Diamond Society team, welcome this important milestone from the Supreme Court of Nepal towards ensuring marriage equality provisions in Nepal and are excited to witness the next steps from the Government in translating this ruling into practice.”

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