First same sex marriage between Nepali & US national takes place in Kathmandu

Agencies, 10 Oct 2024, Kathmandu: Two young men, a Nepali and a US citizen, married here on Thursday, a first such instance involving a foreigner in the Himalayan nation after its Supreme Court allowed same sex marriage. 

The organisation that facilitated the marriage said Nepal can be a hub for same sex marriage, which can help promote tourism. 

On Thursday, the marriage between Nepal’s Prajeet Budhathoki, 27, and US citizen Joseph Foster Elis, 30, was solemnised in a hotel here as per the Hindu rituals amid the chanting of Vedic mantras. 

The ceremony was attended by around 50 people, including those from the sexual minority community, diplomats, family members and media persons. 

The couple later exchanged rings as per the Christian tradition in the presence of a Chistian priest. 

This same sex marriage was facilitated by Maya Ko Pahichan, the organisation working for the welfare of LGBT community headed by LGBT activist Sunil Babu Panta, who is the first gay Member of Parliament of Nepal. 

On Monday, Prajeet and Joseph legally registered their marriage at Dharan Sub-Metropolitan City in Sunsari district of Eastern Nepal as same sex marriage and received a marriage certificate from the local body.

New Yorkers Joseph, who is pursuing a PhD in Sanskrit language at the Tribhuvan University here, and Prajeet, who runs a queer travel company in Nepal, met in Kathmandu two years ago.

“This is so amazing that our love is being recognised,” Joseph said shortly after the wedding ceremony. “To be able to marry as a gay is a privilege and we are very happy for this.”

Joseph has now decided to live in Nepal with his partner Prajeet.

The apex court in June 2023 issued an interim order to legalise same sex marriages in Nepal after a writ petition filed by people from the sexual minority community. 

Following that interim order, Nepal’s Surendra Pandey and Maya Gurung had registered same sex marriage in November 2023, a first time for South Asia. Maya Gurung, officially recorded as Ram Prasad Gurung in the Nepali database, later changed her name to Maya, meaning "Love," on November 29, 2023. 

She formally registered her marriage to a cisman, Surendra Pandey, in her hometown in Lamjung. Maya, a transwoman, and Surendra—both assigned male at birth—fought a long legal battle for the recognition of their marriage.

Earlier, on June 28, 2023, the Supreme Court of Nepal issued an interim order directing the Government of Nepal to "temporarily" register same-sex marriages. 

The Dordi Rural Council in Lamjung District issued the couple's marriage certificate with the note, "As per the orders from the Supreme Court, this marriage has been recorded temporarily." 

Six years ago, the couple married in Kathmandu following Hindu cultural traditions.

Surendra and Maya had initially attempted to register their marriage at the Kathmandu District Court but were denied registration despite the Supreme Court's order. 

Saddened by the refusal, the couple continued their legal battle to gain official recognition. They approached the National Identity Card and Registration Department, which was further directed to process their marriage registration. 

The Supreme Court, in its ruling, cited Clause 69 (1) of the Civil Code 2074, which states that individuals have the right to marry, and Clause 18 (1) of Nepal’s Constitution, which guarantees equality.

In a landmark decision made over a decade and a half ago, the Supreme Court had allowed sexual minorities the right to marry, but the nation’s Civil Code still does not formally recognize same-sex marriages.