Kathmandu, Nepal – The Supreme Court of Nepal has issued a final, binding order compelling the government to ensure equal marriage rights for all citizens, regardless of sexual orientation or gender identity. The ruling, delivered on June 18, solidifies a year of legal progress and provides long-awaited certainty for the country's LGBTQ+ community.
This decision makes Nepal the 40th country in the world to legally recognize same-sex marriage and the first in South Asia to do so through a definitive court mandate. The order resolves legal ambiguities that followed an interim ruling in 2023.
A Year-Long Path to Legal Certainty
The journey to this point began when nine LGBTQ+ activists filed a lawsuit challenging Nepal's existing marriage laws, which defined marriage strictly as a union between a man and a woman. In response, the Supreme Court issued an interim order in June 2023, instructing the government to establish a temporary register for "non-traditional" couples.
While that initial step was significant, it left couples in a state of legal limbo. The new ruling removes this uncertainty by making the recognition of same-sex marriage a permanent and mandatory requirement for the government. The court also dismissed a counter-petition that sought to block the implementation of marriage equality.
Reactions from Nepali Activists
Local LGBTQ+ organizations have welcomed the court's final decision. The Blue Diamond Society, a prominent rights group in Nepal, celebrated the ruling as a confirmation of constitutional guarantees. In a statement, the group noted, "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."
Human rights activist Sunil Babu Pant, a key figure in Nepal's LGBTQ+ rights movement, described the ruling as a "historic milestone for equality, dignity, and human rights." He emphasized that the verdict provides crucial legal clarity and reinforces Nepal's commitment to inclusion and non-discrimination.
A Beacon of Progress in South Asia
Nepal's decisive move towards marriage equality stands in contrast to the situation in other parts of the region. In neighboring India, for example, the Supreme Court declined to legalize same-sex marriage in 2023, stating that the responsibility lay with the parliament. This makes Nepal's judicial leadership on the issue particularly noteworthy.
The government of Nepal is now expected to amend the country's civil code to fully and explicitly implement the Supreme Court's order, ensuring that all couples have access to the legal rights and protections that come with marriage.
