Landmark Same-Sex Marriage Registered in Nepal Municipality Following Supreme Court Order

In a historic development, the municipality of Dordi in Nepal has adhered to an interim directive from the nation's Supreme Court, marking the first registration of a same-sex marriage. On November 29, authorities in Dordi, located in the couple’s home district of Lamjung, officially acknowledged the marriage of Maya Gurung and Surendra Pandey.

Gurung, a transgender woman with legal recognition as male, and Pandey, a cisgender man, conducted a Hindu wedding ceremony in 2017. In June of this year, they sought legal registration of their marriage at the Kathmandu District Court, aligning with an interim order from Nepal’s Supreme Court mandating the registration of same-sex marriages while a case advocating for nationwide marriage equality is under consideration.

Pandey and Gurung register their marriage with authorities in Dordi, Nepal, November 29, 2023. © 2023 Sunil Pant

Despite their initial rejection by the court, asserting non-recognition of a couple not conforming to the legal male-female binary, Gurung and Pandey appealed to the Patan High Court in September. The high court, however, contended that altering the law rested with the federal government before lower authorities could register such marriages.

Nepal's existing civil code exclusively recognizes marriages between one man and one woman. The Supreme Court sought to address this limitation by instructing the establishment of an interim registry for nontraditional marriages until legislative changes occur. The lower courts subsequently reversed this approach, contending that national legislation must precede any amendments.

Nepal has witnessed significant strides in LGBT rights, particularly regarding marriage equality. In 2007, the Supreme Court directed the government to form a committee to formulate a law sanctioning same-sex marriages. In 2015, this committee recommended legal recognition based on the principle of equality. However, legislative inertia prompted further court interventions, culminating in a March ruling mandating the government to acknowledge the marriage of a same-sex couple wed in Germany.

The officials in Dordi have exemplified the recognition of the rights of Maya Gurung and Surendra Pandey, underscoring the possibility of extending such recognition nationwide. Their actions serve as a model for emulation by other officials.

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Source: Knight, Kyle. Human Rights Watch. "Nepal Registers Same-Sex Marriage – A First". https://www.hrw.org/news/2023/11/30/nepal-registers-same-sex-marriage-first#:~:text=For%20the%20first%20time%20ever,Maya%20Gurung%20and%20Surendra%20Pandey. 30/11/2023. [Date accessed: 04/12/2023].

Edited by: Aditya Vinjimoor