Thailand

Thailand Legalizes Same-Sex Marriage

Thailand´s King Maha Vajiralongkorn has endorsed the Marriage Equality Bill. The new legislation comes into effect on January 22nd, making Thailand Southeast Asia’s first nation to adopt same-sex marriage.

King Maha Vajiralongkorn’s endorsement of the Marriage Equality Bill was published in the Royal Gazette on September 24th, clearing the way for Thailand´s Marriage Equality Law. It will come into effect 120 days after its publication, enabling everyone to marry the person they love, regardless of gender.

The bill provides legal equality. It goes beyond previously failed attempts to introduce a distinct civil partnership status for same sex couples. They will now have the same legal privileges and responsibilities as heterosexual couples. This extends to property ownership, inheritance, and adoption. 

Thailand´s Marriage Equality Bill had overwhelming political support. The House of Representatives voted 400 to 10 in favour in March. The senate, which usually is conservative, passed the law with 130 senators voting for and just 4 against same-sex marriage in June. Rainbow colors flying, a Pride Caravan travelled from Thailand’s Parliament to Government House. The nation’s most famous LGBTQ personalities gathered to celebrate the approval of the Marriage Equality Bill.

The Road to Equality

Legislative efforts to establish legal equality for non-heterosexual couples began in 2012, when a gay couple walked into a government office to request a marriage license. An officer rejected the request, based on a stipulation in the Civil and Commercial Code. The law defined marriage as a union between a man and a woman, thereby prohibiting same-gender marriages. The couple filed a case with the Administrative Court of Thailand for violation of their constitutional protection against gender-based discrimination.

While the Administrative Court ruled against the petition, the National Human Rights Commission (NHRC) supported the cause. On the initiative of the NHRC, a parliamentary drafting committee was formed in order to work on a bill that would reform the Civil and Commercial Code and address marriage inequality. However, political parties and government agencies did not support change. The bill collapsed.

A number of initiatives and drafts followed over the years. All stalled at different stages of the legislative process. This included a civil-society led initiative in 2014, which was stopped in its tracks when the military took power in a coup. In 2020, a proposal by the progressive Move Forward Party was repeatedly delayed and did not pass enough parliamentary readings.

In 2021, the push for marriage equality faced another setback. Thailand’s Constitutional Court unanimously affirmed that the Civil and Commercial Code states that marriage can only be between a man and a woman. In the verdict’s explanation, the court stated: “The purpose of marriage is for a man and a woman to cohabit as husband and wife to form a family institution. (…) Marriage between people with gender diversity may not be able to create such a delicate bond”. The ruling was fiercely criticized by civil society. Two parties, the Move Forward Party and the Pheu Thai Party, pledged to keep working towards marriage equality as part of their campaign promises ahead of the 2023 general elections.

Move Forward and Pheu Thai became the two strongest parties. The new Pheu Thai Prime Minister, Srettha Thavisin, and his cabinet drafted and passed a same-sex marriage law. Other parties and civil society organizations put forward three additional draft bills. Parliament began to debate in December 2023. An ad-hoc committee merged all versions, coming up with a draft bill, which received overwhelming support in parliament, senate, and civil society.

The new law reforms the Civil and Commercial Code and insures equality. Formerly gender-specific terms, such as “woman” and “man” or “wife” and “husband”, are replaced with gender-neutral terms “person” and “spouse”. Similar changes are still necessary in a number of other laws, such as the surrogacy bill, in order to ensure equality encompasses all aspects of life.

From Tolerance to Inclusion

In 2019 the UN Development Program analysed the situation of LGBT persons in the Kingdom. A report titled “Tolerance but not Inclusion” found acceptance of LGBT individuals on the one hand, but limited support for policy reform. Three years later, a poll conducted by the National Institute of Development Administration (NIDA) suggested more support for legal equality. 80 percent of respondents supported a same sex marriage bill. It´s passing in 2024 brings legislation in line with the liberal values held by the broad majority.

“Our new Marriage Equality Bill not only underscores parliament’s commitment to gender equality but also lays a solid foundation for the LGBTQAI+ community’s ongoing fight for equality in Thai society,” says Kewalin Sa-ngapet, Program Officer at FNF Southeast and East Asia, who identifies as non-binary. “While Thailand is often perceived as a paradise for LGBTQAI+ individuals, it’s crucial to recognize that many still face marginalization and varying levels of discrimination. A common struggle is the pressure to hide our true selves and conform to heteronormative expectations to avoid stigma and prejudice. Until now, the lack of legal protections has often been exploited to limit the freedom and self-determination of LGBTQAI+ people". However, Kewalin is pleased with the passage of the new law: "As a non-binary individual, I feel that the dignity of LGBTQAI+ people has been significantly uplifted. While this does not mark the end of our long journey, it definitely is a crucial step towards true inclusion.”

Ganyanat Phathithin is Communication Officer, Felix Jantz is Program Manager at the Friedrich Naumann Foundation for Freedom`s Office in Bangkok, Thailand.