KATHMANDU, OCTOBER 9

A Nepali and an American gay men in Nepal marked a historic moment with the first same-sex marriage of a Nepali gay man to a foreign gay man. Both are mentioned as 'husband' and 'husband' on the marriage certificate.

After years together, Prajeet Budhathoki and Joseph Foster Ellis are finally married and legally recognised after they registered their marriage on Sunday, October 6, in Dharan. Their marriage is first in Dharan and seventh same-sex marriage in Nepal.

Prajeet is from Dharan Sub-Metropolitan City Ward-11, Sunsari District, Koshi Province, while Joseph is from New York, United States of America, according to the Marriage Provisional Certificate provided to them by Dharan Sub-Metropolitan City.

'We were in a relationship and living together for over two years, and now, after finally getting legal recognition, religious ceremonies and celebrations are happening soon according to both Hindu and Catholic culture,' Joseph told the Himalayan Times.

'We are super excited to be one of the first couples to marry since Nepal legalised same-sex union, with a bigger celebration in the US planned for later.'

Sunil Babu Pant, executive director of Maya Ko Pahichan, who helped Joseph and Prajeet register their marriage, told THT, 'We are planning to celebrate on Thursday or Friday. I am very happy for Joseph and Prajeet. This will help Nepal to establish not just an LGBTIQA+ friendly destination but also a rainbow marriage and honeymoon destinations.'

He further said, 'We helped them and will also help them to have their religious marriage ceremony, as they want to marry with either Hindu or Buddhist customs. They had to go through a lot of bureaucratic hurdles. Nonetheless, this has paved the way for other such couples.'

'We tried first to register court marriage, but that was not possible. Then, it was made possible through the local administration. It's all new to the local administration, so they had a lot of questions,' he added.

'Nepal should enact the proper law to allow same-sex marriage and make the marriage procedure simple and easy. The court marriage option should also be available for same-sex couples.'

Joseph told THT that they could not have registered the marriage without legal aid.

'We couldn't have done this without a lawyer. So, this is a barrier for people who can't afford such a thing, which in my opinion is something that should be changed,' he said.

'However, Nepal is very welcoming to LGBTIQA+ people from across the world, and our marriage is a benchmark for that.'

Meanwhile, taking to Facebook, Sacistha Shrestha, an advocate who helped Joseph and Prajeet register marriage at the ward office shared that she had the privilege of facilitating same-sex marriage in Dharan.

'I had the privilege of facilitating the registration of a same-sex marriage in Dharan. This was Dharan's first same-sex marriage and has been Nepal's seventh same-sex marriage overall,' reads her post. 'Quite often, couples are pressured into adopting gendered roles with little regard for their orientation. However, this case may have resulted in one of the few marriage certificates to be entirely gender neutral.'

Typically, marriages between foreign nationals and Nepali citizens are registered through court procedures. However, courts have refrained from registering same-sex marriages, citing the Supreme Court's classification of such unions as 'provisional' until formal legislation is enacted.

'As a result, questions around jurisdiction have arisen, particularly when a foreign national is involved. While a circular issued by the Ministry of Home Affairs on 24 April 2024 instructed ward offices to facilitate the registration of same-sex marriages, ambiguities remain, especially in cases involving binational couples,' she told THT.

Although provisional marriage certificates have been issued, consular services have refused to attest them, claiming that ward offices lack the jurisdiction to handle such cases.

'This leaves same-sex couples-particularly binational couples-in a legal grey area, with uncertainty about which authority holds jurisdiction for registering these marriages. The lack of clarity continues to create challenges for those seeking full legal recognition both domestically and internationally,' she added.

According to her, Nepal has made significant strides in recognising same-sex marriages, positioning itself as a progressive nation in the region when it comes to LGBTQ+ rights.

'The provisional recognition of these marriages marks a positive step forward. However, procedural laws still lack the clarity required to ensure a seamless registration process, especially for binational couples,' she said, adding.

'While the progress made so far is commendable, further refinement of legal and procedural guidelines is essential to eliminate the bureaucratic hurdles that continue unabated. With clearer legislative frameworks in place, Nepal can continue to build on its progressive stance, ensuring equal rights and recognition for all couples, regardless of nationality or gender.'

She further shared that even though government officials were aware that provisional registrations of same-sex marriages were taking place, many were unfamiliar with the specific legal requirements and procedures. 'Lack of understanding led to delays as each relevant authority needed to be briefed on the legal intricacies of issuing provisional marriage certificates for same-sex couples.'

'The implementation of sensitisation and training programs could help bridge this gap, ensuring that officials are well-versed in the legal framework, thus expediting the process,' she added.