On June 18, 2024, Thailand’s Senate passed the historic Marriage Equality Bill with an overwhelming majority. Earlier, on March 27, 2024, the Bill had passed from Thailand’s House of Representatives, following which on April 2, 2024, the Bill passed the first reading in the Senate. The Bill will enter into force 120 days after receiving Royal endorsement and its publication in the Royal Gazette.
The Marriage Equality Bill, as it is colloquially referred to, is a draft act amending the Civil and Commercial Code (1925), which in Section 1448 stipulates marriage as a betrothal between a man and a woman. The newly amended law makes marriage applicable to any couple, regardless of their gender identity, by replacing the terms “man” and “woman” with gender neutral terms like “person”, and “husband and wife” with the term “spouse.” The new law aims to recognize the marriage registrations of same-sex couples and provides them with legal rights including joint property ownership, inheritance of assets, adoption, and medical consent.
“The passing of the Marriage Equality Law in Thailand is a monumental victory for the LGBTQI community in Thailand and in the region. This landmark legislation will pave the way for a more inclusive society where love and commitment are honoured regardless of gender identity or sexual orientation and will inspire further advocacy and support for broader LGBTQI rights,” said Best Chitsanupong Nithiwana, Founder and Executive Director at Young Pride Club, Thailand and Co-Chair, ILGA Asia Executive Board.
While this is a monumental victory for the community, there are still some reservations surrounding the Bill from LGBTIQ rights advocates, especially the use of gendered terms “father” and “mother” as opposed to the gender neutral “parent” which they believe may create legal ambiguity and barriers to issues like adoption. Further, in the absence of gender legal recognition, there is no recourse for transgender and nonbinary individuals to obtain legal documents that reflect their gender identity, leaving discretionary power in the hands of administrative officials.
“Transgender and non-binary individuals in Thailand still lack legal gender recognition, leaving them vulnerable and unprotected. Additionally, the criminalization of sex workers continues to marginalize many within our community, and there is an urgent need for comprehensive protections for LGBTIQ youth in Thai education and in pro-democracy movements. These issues must not be overshadowed or forgotten, and we must remain committed to advocating for the rights and protections of all LGBTIQ persons in Thailand," said Best.
Thailand has always been recognized as one of the most LGBTIQ friendly destinations across the world and Prime Minister Thavisin as well as other government representatives have consistently reiterated their commitment towards the marriage equality movement. This commitment was reflected in the state-endorsed Pride celebrations, especially the Bangkok Pride festival, which was a vibrant celebration of diversity and was attended by Prime Minister Thavisin amidst rainbow flags and empowering messages. With the passing of this law, Thailand has become the first country in Southeast Asia and second in Asia, following Taiwan, to have marriage equality codified into law. ILGA Asia congratulates Thailand and celebrates this historic victory and hopes to see subsequent legal reforms to ensure the rights of every individual are fully protected, regardless of their sexual orientation, gender identity & expression, and sex characteristics. We also hope that this movement inspires future efforts to ensure gender affirming identity, healthcare, and the empowerment of LGBTIQ youth.
“We congratulate Thailand for taking this historic step towards marriage equality. This victory should be attributed to the tireless work of activists and civil society organizations in the region,” said Ajita Banerjie, Senior Research and Policy Officer at ILGA Asia. “While there is no doubt that the legalization of marriage is a key milestone for LGBTIQ individuals in Thailand, we hope that this victory inspires further change in terms of gender legal recognition, decriminalisation of sex work and complete legal protection of LGBTIQ individuals in the country.”
