Recognition of same-sex unions in Thailand

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Thailand does not recognize same-sex marriages, civil unions, domestic partnerships, unregistered cohabitations, or any other form of same-sex unions. [1] [2] Several bills for civil partnerships and same-sex marriage have been introduced and approved by the Thai cabinet since 2012 but failed to pass parliament.

Contents

New same-sex marriage legislation supported by the government and major opposition parties was introduced in November 2023, and passed by the House of Representatives by 400 to 10 on 27 March 2024. It now requires Senate approval and Royal Assent. [3] [4] [5] [6] The amendment to the Civil and Commercial Code replaces the terms "men and women" and "husband and wife" with the words "individuals" and "spouses". The draft law also allows same-sex couples to jointly adopt children. [7] Thailand would become the first Southeast Asian country and second Asian country to legalise same-sex marriage after Taiwan. [8] [9] [10]

Registration of same-sex unions

In December 2012, the Government formed a committee to draft legislation providing legal recognition for same-sex couples in the form of civil partnerships. [11] On 8 February 2013, the Rights and Liberties Protection Department and the Parliament's Committee on Legal Affairs, Justice, and Human Rights held a first public hearing on the civil partnership bill, drafted by the committee's chairman, Police General Viroon Phuensaen. [12]

By 2014, the civil partnership bill had bipartisan support, but was stalled due to political unrest in the country. [13] In the second half of 2014, reports emerged that a draft bill called the "Civil Partnership Act" would be submitted to the junta-appointed Thai Parliament. It would give couples some of the rights of heterosexual marriage, but was criticized for increasing the minimum age from 17 to 20 and omitting adoption rights. [14]

In 2017, Thai government officials responded favourably to a petition signed by 60,000 people calling for civil partnerships for same-sex couples. Pitikan Sithidej, director-general of the Rights and Liberties Protection Department at the Justice Ministry, confirmed she had received the petition and would do all she could to get it passed as soon as possible. [15] The Justice Ministry convened on 4 May 2018 to begin discussions on a draft civil partnership bill, titled the "Same Sex Life Partnership Registration Bill". Under the proposal, same-sex couples would be able to register themselves as "life partners" and will be granted some of the rights of marriage. [16] [17] [18] The bill was discussed in public hearings between 12 and 16 November, where a reported 98% expressed support for the measure. [19] [20] On 25 December 2018, the Cabinet approved the bill. [21] [22] [23]

On 8 July 2020, the Cabinet approved a new draft of the bill and was introduced in the National Assembly. [24] [25] However, it did not pass before the end of the year.

On 14 February 2023, Bangkok's Dusit district became the first jurisdiction in Thailand to issue partnership certificates, which are legally non-binding, to same-sex couples. [26]

Same-sex marriage

A sign reading "smrsethaaethiiym" (Thai for "equal marriage"; a recurring slogan calling for same-sex marriage legalisation in Thailand) at Bangkok Pride 2022 "smrsethaaethiiym" Bangkok Pride 2022.jpg
A sign reading "สมรสเท่าเทียม" (Thai for "equal marriage"; a recurring slogan calling for same-sex marriage legalisation in Thailand) at Bangkok Pride 2022

In September 2011, the National Human Rights Commission (NHRC) and the Sexual Diversity Network, an NGO, proposed draft legislation on same-sex marriage and sought the Thai Government's support for the law. [27] [28]

In September 2013, the Bangkok Post reported that an attempt in 2011 by Natee Teerarojjanapong, president of the Gay Political Group of Thailand, to register a marriage certificate with his male partner had been rejected. [29]

In June 2020, Move Forward Party deputy Tunyawat Kamolwongwat introduced a bill to legalize same-sex marriage. [30] The public consultation on the bill was launched on 2 July. [31] [32]

In 2022, a group of bills concerning same-sex unions passed their first readings in the Thai parliament. These include the Marriage Equality Bill proposed by the opposition Move Forward Party, which would amend the current marriage law to include couples of any gender, and the government-proposed Civil Partnership Bill, which would instead introduce civil partnerships as a separate category, granting some but not all rights given to married couples. [33] [34] [35] Despite several amendments, neither bill passed the Parliament before it dissolved for the 2023 Thai general election.

In November 2023 Prime Minister Srettha Thavisin of the Pheu Thai Party announced that his Cabinet had approved a draft same-sex marriage law, [36] which Parliament began to debate on 21 December 2023. [37] Besides the government's version of the draft bill, three additional versions by the Move Forward Party, the Democrat Party and the civil sector were considered. [38] [39] All four bills passed overwhelmingly at 369 to 10, [40] with the House of Representatives approving the formation of an ad-hoc committee to combine the four drafts into one over 15 days pending further debate expected in 2024. [41]

On 27 March 2024, Thailand's House of Representatives overwhelmingly passed the draft law by 400 to 10 on its third reading, with two abstentions and three not voting. [4] It must now be passed by the Senate and receive royal assent. [42] [43] [44] [45] .

On 2 April 2024, Thailand's Senate approved the first reading of the draft law by 147 to 4. The draft law must be passed by two more Senate votes. [46] [47]

Litigation

"Marriage is when a man and a woman are willing to live together, to build a husband and wife relationship to reproduce their offspring, under the morals, traditions, religion and the laws of each society. Marriage is, therefore, reserved for only a man and a woman."

-A Constitutional Court judge, 2021

In 2021, the Constitutional Court ruled that Section 1448 of the Civil and Commercial Code interpreting marriages as only between women and men is constitutional, but after the release of full ruling, one phrase stated that gay couples "cannot reproduce, as it is against nature, and that people of those communities are no different to other animals with strange behaviours or physical features." The verdict cites LGBT people as a different "species" that needs to be separated and studied as it is incapable of creating the "delicate bond" of human relationships. [48] The text was criticised by LGBT activists as sexist and demeaning. [49]

Public opinion

Laws regarding homosexuality in Asia Same-sex sexual activity legal .mw-parser-output .legend{page-break-inside:avoid;break-inside:avoid-column}.mw-parser-output .legend-color{display:inline-block;min-width:1.25em;height:1.25em;line-height:1.25;margin:1px 0;text-align:center;border:1px solid black;background-color:transparent;color:black}.mw-parser-output .legend-text{} Marriage performed Marriage recognized Other type of partnership Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed Legal guardianships or unregistered cohabitation Limited foreign recognition (residency rights) No recognition of same-sex couples Restrictions on freedom of expression Same-sex sexual activity illegal Prison but not enforced Prison Death penalty on books, but not enforced Enforced death penalty v t e Asia homosexuality laws.svg
Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

Thai opinion polls have consistently favoured legal recognition of same-sex marriages. [50] [51] [52]

According to a 2019 YouGov poll of 1,025 respondents, 63% of Thais supported the legalisation of same-sex romantic partnerships, with 11% against and 27% preferring not to answer. 69% of people aged 18 to 34 supported civil partnerships, with 10% opposed. Legalisation was supported by 56% of those aged between 35 and 54 (33% opposed), and 55% of those aged 55 and over (13% opposed). 66% of those with university degrees were in favour (10% opposed), and 57% of those without university degrees (12% opposed). 68% of those with a high income supported civil partnerships (7% opposed), and 55% of those with a low income (13% opposed). 68% of women responded in favour (7% opposed), and 57% of men (14% opposed). [53]

According to a 2022 poll by the National Institute of Development Administration (N.I.D.A.), 93% of Thais accepted LGBT friends or colleagues, 91% would accept an LGBT person as a family member, and 80% supported same-sex marriage. [54]

According to Thailand's Deputy Prime Minister Somsak Thepsuthin, a government survey conducted between October 31 and November 14 in 2023 showed that 96.6% of Thai public supported the same-sex marriage bill. [55] [56]

See also

Related Research Articles

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<span class="mw-page-title-main">LGBT rights in Thailand</span>

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This is a list of notable events in the history of LGBT rights that took place in the year 2015.

<span class="mw-page-title-main">Recognition of same-sex unions in Asia</span>

Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.

The recognition of same-sex unions varies by country.

This is a list of notable events in the history of LGBT rights taking place in the year 2023.

References

  1. ↑ "Thailand's Civil Partnership Bill sparks further debate on same-sex couple rights". CNA. Retrieved 2021-07-05.
  2. ↑ Thanthong-Knight, Randy (March 16, 2021). "Thailand Has Three Paths to Recognizing Same-Sex Partnerships". Bloomberg. Retrieved August 18, 2021.
  3. ↑ "Thailand Passes Bill to Legalize Same-Sex Marriage". Bloomberg.com. 2024-03-26. Retrieved 2024-03-27.
  4. 1 2 "Lawmakers in Thailand overwhelmingly approve a bill to legalize same-sex marriage". AP News. 2024-03-27. Retrieved 2024-03-27.
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  7. ↑ "Thailand edges closer to legalising same-sex marriage". Reuters . 2023-12-21. Retrieved 2023-12-21.
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  15. ↑ "Thailand to revive gay rights Bill". Today. 2 June 2017. Retrieved 25 November 2018.
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  17. ↑ Networks, Hornet (30 July 2018). "Thailand Could Actually Beat Taiwan to Legalizing Same-Sex Unions and Benefits". Hornet.
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  30. ↑ Maneechote, Pear (15 June 2020). "Move Forward Party to push bill granting same-sex marriage in Thailand". Thai Enquirer . Retrieved 8 July 2020.
  31. ↑ "Marriage law amendments now up for public consultation". Prachatai. 8 July 2020. Retrieved 8 July 2020.
  32. ↑ "ร่างพระราชบัญญัติแก้ไขเพิ่มเติมประมวลกฎหมายแพ่งและพาณิชย์ (ฉบับที่ ..) พ.ศ. ..." Thailand Parliament. Retrieved 8 July 2020.
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  34. ↑ "Parliament passes 1st reading of Marriage Equality Bill, paving way for same sex marriage". Thai PBS World. 2022-06-15. Retrieved 2022-06-20.
  35. ↑ Valentin, Declercq. "Gay Rights in Thailand (History) - G.A.M. Legal Alliance". gam-legalalliance.com. G.A.M. Legal Alliance. Retrieved 20 November 2022.
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  37. ↑ "Thailand steps closer to allowing same-sex marriage with cabinet nod". CNBCTV18. 2023-12-19. Retrieved 2023-12-19.
  38. ↑ "สภา เริ่มถกร่างกม.สมรสเท่าเทียม - 'ภาคีสีรุ้ง' วอนโหวตรับเป็นของขวัญปีใหม่". bangkokbiznews (in Thai). 2023-12-21. Retrieved 2023-12-21.
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  40. ↑ "สภาฯ รับหลักการ "สมรสเท่าเทียม" ทั้ง 4 ฉบับ" [Parliament approves all four marriage equality bills]. Thai PBS (in Thai). Retrieved 2023-12-21.
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  42. ↑ "Thailand: Lawmakers pass same-sex marriage bill". DW.com. 27 March 2024. Retrieved 27 March 2024.
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