Recognition of same-sex unions in Myanmar

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".{{cite web|url=https://www.irrawaddy.com/news/burma/lgbt-groups-call-burmas-penal-code-amended.html|title=LGBT Groups Call for Burma's Penal Code to Be Amended|work=The Irrawaddy|first=Lawi|last=Weng|date=29 November 2013}} 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.{{cite news |last1=Hawley |first1=Samantha |title=Myanmar couple in 'first public gay wedding ceremony' |url=http://www.abc.net.au/news/2014-03-04/an-myanmar-couple-in-27first-public-gay-wedding-ceremony27/5296432 |access-date=9 October 2018 |work=ABC News |publisher=Australian Broadcasting Corporation |date=4 March 2014 |language=en-AU}}{{cite web|url=https://xtramagazine.com/power/myanmar-gay-couple-weds-even-though-marriage-has-no-legal-standing-58716|title=Myanmar: Gay couple weds even though marriage has no legal standing|work=Xtra magazine|first=Natasha|last=Barsotti|date=3 March 2014}} 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".{{cite web|url=https://thediplomat.com/2014/09/the-outlook-for-lgbt-rights-in-myanmar/|work=The Diplomat|title=The Outlook for LGBT Rights in Myanmar|date=5 September 2024|first=Matthew|last=McFetridge}} It triggered backlash from social conservatives, who queried why the anti-homosexuality laws had not been enforced against the couple.{{cite news |title=Burma's homosexuality law 'undermining HIV and Aids fight' |url=https://www.theguardian.com/global-development/2014/mar/21/burma-homosexuality-law-hiv-aids |access-date=9 October 2018 |work=The Guardian|date=21 March 2014 |language=en}} Indeed, same-sex sexual relations are outlawed in Myanmar under a colonial-era law introduced during the time of the British Raj.{{cite web|url=https://www.mmtimes.com/news/year-end-review-lgbt-rights.html|title=Year End Review on LGBT rights|website=Myanmar Times|date=28 June 2019|access-date=29 December 2018|archive-date=16 July 2019|archive-url=https://web.archive.org/web/20190716191538/https://www.mmtimes.com/news/year-end-review-lgbt-rights.html|url-status=dead}}

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.{{cite web|url=https://www.irrawaddy.com/news/burma/myanmar-lgbtq-couple-tie-knot-at-thai-pride.html|title=Myanmar LGBTQ Couple Tie Knot at Thai Pride|work=The Irrawaddy|date=28 May 2024}}

{{see also|Race and Religion Protection Laws}}

{{Same-sex marriage map Asia|align=right}}

Similarly to India, Myanmar has 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 ({{langx|my|မြန်မာ့ဓလေ့ထုံးတမ်းဥပဒေ}}, {{transliteration|my|Myanmar Dhalaehtonetam Upaday}}) is the law that applies to all Buddhists. 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. Customary law requires that in order to form a valid Buddhist marriage:{{cite journal|url=https://www.dagonuniversity.edu.mm/wp-content/uploads/2016/03/7-Law-1.pdf|title=Women's Rights under Myanmar Customary Law|journal=Dagon University Research Journal 2012|volume=4|first=Yee Yee|last=Cho|date=2016}}

• 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 pieces of legislation which have been passed by the various parliaments of Myanmar, based on similar laws passed in British India during the colonial period. 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".{{cite web|url=http://www.asianlii.org/mm/legis/code/cma1872177.pdf|title=The Christian Marriage Act, 1872|access-date=7 October 2024|work=AsianLII}} 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.{{cite web|url=https://www.burmalibrary.org/docs21/Marlar_Than_Aung-Administration_of_Islamic_Law_on_Marriage_in_Myanmar.pdf|title=The Administration on Islamic Law of Marriage in Myanmar|work=Burma Library|access-date=7 October 2024}}

The Special Marriage Act 1872 ({{langx|my|အထူးထိမ်းမြားခြင်းဆိုင်ရာအက်ဥပဒေ ၁၈၇၂}}, {{transliteration|my|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 regard 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".{{cite web|url=http://www.asianlii.org/mm/legis/code/sma1872143/|title=Special Marriage Act, 1872|access-date=7 October 2024|work=AsianLII}}

Today, many young couples apply to marry in front of a judge or a magistrate, and swear an oath and sign affidavits, in the presence of two witnesses, stating their eligibility and intention to marry. Same-sex couples do not have access to the legal rights, benefits and obligations of marriage, including adoption and inheritance rights, among others. 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." The legalisation of same-sex marriage in Thailand received some media coverage in Myanmar.{{cite web|url=https://www.bbc.com/burmese/articles/c3e9vy40x1lo|language=my|work=BBC News|title=လိင်တူလက်ထပ်ထိမ်းမြားခွင့်ကို ထိုင်းဘုရင်မင်းမြတ် အတည်ပြုပေးလိုက်ပြီ|date=25 September 2024}}{{cite web|url=https://burmese.dvb.no/post/670581|language=my|title=လိင်တူလက်ထပ်ခွင့်ရပြီးနောက် ဘန်ကောက်မြို့တော်၌ ထောက်ခံသူများ အောင်ပွဲခံ|work=DVB|date=26 September 2024}}

• LGBT rights in Myanmar
• Recognition of same-sex unions in Asia

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{{Asia topic|Recognition of same-sex unions in}}

{{Status of same-sex unions}}

Category:LGBTQ in Myanmar

Myanmar

Myanmar