Mongolia’s Draft Family Law Restricts Marriage Rights for Same-Sex Couples

The Family Law, first enacted in 1999, has been under discussion for revision since 2022. Last Friday, Minister of Justice and Home Affairs B. Enkhbayar officially submitted the updated draft law to the State Great Khural (Parliament).

The submission aligns with the government’s plan to modernize national legislation by 2028 and was originally expected to reach Parliament for review in 2025. However, human rights defenders have raised alarm over Article 8.1.6, which states that “same-sex couples are prohibited from getting married,” a provision they say directly violates fundamental human rights principles.

Critics argue that this clause contradicts Mongolia’s Constitution, which guarantees that “no one shall be discriminated against” and that “everyone is equal before the law.” It also conflicts with Mongolia’s international human rights obligations, including treaties that require the state to ensure equal rights and non-discrimination for all citizens.

Until now, Mongolia has no explicit legal recognition—either positive or negative—of same-sex relationships. By explicitly banning same-sex marriage for the first time, the new draft law marks a significant setback for human rights and equality protections in the country.

Published by: Tseveenravdan Tsogbat