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posted 2 months ago
January 23rd was a big day for the LGBTQ community and the Pride Movement in Thailand as they celebrated the coming into force of the country’s new Marriage Equality Act after King Maha Vajiralongkorn signed it in September 2024.
After a decade of fighting for equity and equality by LGBTQ rights advocates, Thailand becomes the first country in Southeast Asia and the third in Asia to legalize same-sex marriage. The new legislation was bound to take effect 120 days after its gazettement last year.
The bill sought to amend Thailand’s marriage law under the Thai Civil and Commercial Code to replace gender-specific words like “women and men” with gender-neutral words like “individuals”. This amendment aims to grant full legal, medical and financial rights to spouses of any gender.
The new law grants same-sex couples inheritance rights, meaning they can now pass personal financial benefits to their spouses, including state pensions. Away from the initial conservative position, these couples will also enjoy adoption rights. Additionally, same-sex marriage couples can now make medical decisions for incapacitated or ill spouses.
The Marriage Equality Act only removes gender-specific words from 70 sections of the Thai Civil and Commercial Code that apply to marriages. That being the case, many laws in the country’s legal code still have yet to be amended to make them gender-neutral.
That being said, same-sex couples will continue to face challenges when opting to use surrogacy to build families. Under Thai law, parents are defined as a father and a mother. The law is yet to allow people to use their preferred gender on official documents, meaning they are stuck with their birth gender.
According to the Thai Department of Provincial Administration, almost 2000 same-sex couples married on the day the new Thailand marriage law came into force.
Of these couples, more than 1000 registered their unions at district offices, while 185 others celebrated and registered their marriages at a gala celebration organised by the Bangkok Pride Movement.
The couples included renowned actors Sappanyoo “Arm” Panatkool and Apiwat “Porsch” Apiwatsayree, who registered their union at the Phra Nakhon district office in Bangkok.
Although the Thai government and state agencies are historically conservative, the country ranks among the most LGBTQ-friendly countries globally, making it a haven for same-sex couples.
That notwithstanding, gender equality advocates faced numerous challenges pushing lawmakers and courts to accept change. After a decade of lobbying and activism, Thai lawmakers passed the Marriage Equality Bill last year. The bills passed the House of Representatives and the Senate in April and June 2024, respectively.
The Thai government embraced the culture change and helped organise a photo session for same-sex couples and equality activists. Prime Minister Paetongtarn Shinawatra and other high-ranking government officials graced the event.
“23 January 2025 is a day that we all mark in history, that the rainbow flag has been planted in Thailand gracefully. All the love from all the people is accepted legally with respect and dignity,” Shinawatra posted on her Instagram account.
According to human rights experts, Thailand might be the last Asian country to recognise same-sex marriage for many years, given the incremental progress in other jurisdictions in Asia.
Since the Netherlands first recognised same-sex marriage in 2001, more than 30 countries globally have followed suit, according to the Pew Research Centre. However, it is worth noting that most advances have occurred in the Americas, Europe and Australia.
Thailand is the third country to take this bold step in Asia, after Taiwan in 2019 and Nepal in 2023. Nepal registered its first same-sex marriage in November 2024, five months after the country’s Supreme Court ruled in favour of it.
In October 2024, the Supreme Court of India ruled against same-sex marriage, leaving the decision to the political class. The Indian government said it would organise a panel to decide on more legal rights for same-sex couples in the country.
In another Asian jurisdiction, in 2022, Singapore repealed a colonial law that banned gay sex but also amended its constitution to prevent courts from challenging the definition of “marriage” as one between a man and a woman.
As the Buddhist-majority Thailand remains conservative, the fight for equal rights is not over for other sexual minorities, such as transgender people. According to the Asia Pacific Transgender Network, Thailand is home to around 314,000 trans people.
Human rights advocate Hua Boonyapisomparn from the Thai advocacy group Foundation of Transgender Alliance for Human Rights said the next milestone in human rights advocacy is for the government to allow trans people to change their gender identity legally.
Due to how accessible gender-affirming surgery is in Thailand and the prominence of Thai trans entertainers, the country is perceived to be accepting of trans people. However, transgender people in the country claim that they still face discrimination.
Thai Parliament rejected a proposed gender recognition bill in February 2024 during the reign of the previous military-backed government. With the recognition of same-sex marriages as a significant political win for human rights activists, they are now trying to put the trans recognition bill back on the political agenda.
As same-sex couples continue to celebrate the big win, gender equality advocates have cautioned that their equality efforts go beyond the Marriage Equality Act.
“The law may take effect today, but that does not mean discrimination against the LGBTQ community will change overnight. There is a long journey ahead of us with other laws needing to catch up. We need to follow up on an array of issues, including foreign citizenship for LGBTQ+ partners and pregnancy through assisted reproductive technologies,” noted Tunyawaj Kamolwongwat, a lawmaker for the Progressive People’s Party.
The government has put same-sex marriages under its soft-power drive alongside Thai pop movies and music, which present an economic opportunity from a reputation for openness and hosting same-sex couple weddings and honeymoons in one of the world’s top tourist destinations.
Many businesses, including hotels, insurance and mortgage companies, are also looking forward to an economic bounce as they are keen to cash in what has been dubbed the “Pink baht”.
Source: NBC News
References:
Thai Civil and Commercial Code
Asia Pacific Transgender Network
The Foundation of Transgender Alliance for Human Rights
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