Wednesday, November 19, 2008

Nepal's Highest Court Issues Landmark Ruling Declaring LGBT Equality



The nation of Nepal will probably be enacting full equality for LGBT citizens before the United States. That nation's highest court just issued a ruling similar to California's In Re Marriage Cases which declares that laws that discriminate based on sexual orientation (and gender identity) violate the constitution.



It reiterates that all LGBTIs are defined as a "natural person" and their physical growth as well as sexual orientation, gender identity, expression are all part of natural growing process. Thus equal rights, identity and expression must be ensured regardless of their sex at birth.

The writ petition was filed by Blue Diamond Society and other 3 LGBTI organisations in Nepal demanding the protection and defence of the equal rights of sexual and gender minorities.

"Reading this decision my eyes were filled with tears and I felt we are the most proud LGBTI citizens of Nepal in the world," said Sunit Pant, Nepal's only gay MP.

"A legal note of point has been raised for the new constitution of Nepal while ensuring the equal rights to individuals, like the bill of tights from South Africa, and non-discrimination provisions on the grounds of sexual orientations and gender identities must be introduced."

The Court has also issued a directive order to form a seven-member committee, with a doctor appointed by Health Ministry, one representative from National Human rights commission, the Law Ministry, one socialist appointed by government of Nepal, a representative from the Nepal police, a representative from Ministry of Population and Environment and one advocate as a representative from the LGBTI community, to conduct a study into the other countries' practice on same-sex marriage.

Based on its recommendation the government will introduce a same-sex marriage bill.

Hat/tip to PinkNews. Nepal borders China and India.
This is an amazing step forward for International LGBT human rights.

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