The LGBTQ community in Thailand is overjoyed with the passage of the Same Sex marriage law act by the House of Representatives with 400 votes. The law grants basic rights to LGBTQ+ individuals aged 18 and over, allowing them to engage and marry. This is seen as a crucial step towards achieving equality in society. Civil society groups proposed adding a definition of “primary parent” to replace “father” and “mother” in the law. However, the proposal was rejected by the committee due to concerns. That it was a new term and could affect the enforcement of other laws.
Thailand Approves Same Sex Marriage Law Affording Fundamental Rights to LGBTQ+ Community
On March 27, 2024, the House of Representatives of Thailand convened a meeting to consider the draft of the Civil and Commercial Code Amendment Act (No…). This act, also known as the Marriage Equality Act, was proposed by the Ad Hoc Committee. And was being reviewed in its second and third readings.
Mr. Danuporn Punnakan, a member of the House of Representatives from the Pheu Thai Party. And the chairman of the Ad Hoc Committee, explained that the amendment was made in accordance with the 2016 Constitution, which emphasizes the dignity of human beings.
The amendment consists of 68 articles and can be summarized into three main points:
| The Ad Hoc Committee found that the wording of the original draft bill was inconsistent with the current social context. Therefore, the wording has been adjusted to promote gender equality. |
| The Ad Hoc Committee recommends that the minimum age for engagement and marriage be set at 18 years old. This is to ensure that those who engage or marry are no longer considered children and to comply with domestic laws related to children, including the principle of protecting children’s rights and preventing child marriage. |
| The amendment aims to align with the Convention on the Rights of the Child and other international human rights obligations that Thailand is a party to. |
The meeting proceeded with the deliberation of the Marriage Equality Act in its second and third readings. The outcome of the vote will determine whether the bill will be passed into law.
And 3. The Committee has added one new provision to specify that married couples who form a family under this Code have rights, duties. And legal status according to other laws that have been specified for “husband and wife” or “husband and wife immediately,” which will reduce the burden on various agencies in reviewing and amending existing laws. It is our responsibility. However, in cases where any law specifies rights, duties, legal status. Or any other matters related to husband and wife or husband and wife differently. Relevant government agencies still need to complete the review of said law within the specified time period. In this draft of the Act.
Same Sex Marriage Law protects against discrimination for LGBTQ+
Additionally, the Committee has made observations for relevant government agencies to consider improving the law on their responsibilities to be consistent with the Civil and Commercial Code, which was further amended by this Act.
“This law is amended for everyone in Thailand because after agenda 1 has been passed, we have listened to voices from all sides and carefully considered them, confirming that men and women, in general, will not lose any of their rights. Legal rights remain the same in all respects.”
Mr. Danuporn said that this law will protect a group of people who may be called LGBT, transgender men, and transgender women. They will have the same rights to medical care, tax breaks, and tax payments as heterosexual couples. They will also have the right to consent to medical treatment. These people have never had these rights before.
Therefore, this amendment is a way to restore their rights. During the election campaign, all political parties said that they would make this society an equal society and reduce inequality in the country. This law will be the starting point for equality.
“We understand very well that this law is not a cure for all ills. But it is at least a small start to creating equality in society. Today, I ask all MPs to join us in making history for Thailand. We will be the third country in Asia to have a marriage equality law. We will be the first country in Southeast Asia and we will be proud on the world stage that. Thailand today sees the importance of inequality in society and the importance of gender inequality.”
Key points of the Marriage Equality Act
- LGBTQ+ individuals aged 18 and over can register their marriage.
- The law allows for engagement and marriage between same-sex couples.
- LGBTQ+ married couples will have the same rights. Responsibilities as heterosexual married couples, including property rights, inheritance rights, and adoption rights.
The meeting then opened for members to express their opinions and consider the articles one by one. The minority of the Ad Hoc Committee, which came from the civil society sector. Proposed adding the term “first-order parents” (who act as parents) to the draft law to replace the term “father and mother” in order to be more neutral. And accommodate the diversity of same-sex families.
However, the majority of the Ad Hoc Committee explained that the term “first-order parents” is a new term that has never been defined in any law. And therefore it may have negative effects on its enforcement. They expressed their concern that it could potentially affect all laws in the country.
The meeting therefore voted by a majority to approve the amendments proposed by the majority of the Ad Hoc Committee.
The meeting then voted on the third reading and approved the draft bill with 400 votes in favor, 10 votes against, 2 abstentions, and 3 not voting. This gave the green light to the Civil and Commercial Code Amendment Act, or the Marriage Equality Act.
Reactions from the LGBTQ community
“This is a dream come true. We have been fighting for this for so long,”
said one LGBTQ+ activist.
“This is a victory for love and equality,” said another.
“We are still not fully equal, but this is a big step in the right direction,”
said a third.
The passage of the Marriage Equality Act is a historic moment for LGBTQ+ rights in Thailand. It marks a significant step towards achieving equality and recognition for LGBTQ+ individuals in the country. However, there is still work to be done. LGBTQ+ advocates continue to push for further legal reforms and social acceptance. They hope that the Marriage Equality Act will serve as a catalyst for broader changes in Thai society.
Related Link
- Love Foundation & APCOM Forge New Partnership for Community Digital Health
- Pride Month: Promoting HIV Testing and Prevention in LGBTQ+
The passage of the Same Sex marriage law act is a significant milestone for LGBTQ+ rights in Thailand. It is a testament to the hard work and dedication of LGBTQ+ activists and allies who have fought for decades for equality. The law is a step towards a more just and inclusive society for all Thais.