Same-sex marriage in Thailand

Last updated

Same-sex marriage has been legal in Thailand since 23 January 2025. [1] [2] [3] [4] Same-sex marriage legislation supported by the government of Prime Minister Srettha Thavisin and major opposition parties was introduced to the National Assembly in November 2023. It was passed by the House of Representatives by 400 votes to 10 on 27 March 2024, and by the Senate in a vote of 130 to 4 on 18 June. [5] The law received royal assent from King Vajiralongkorn on 12 August 2024 and was published in the Royal Gazette on 24 September 2024. It took effect on 23 January 2025, 120 days after promulgation. [6] [3] Polling suggests that a significant majority of Thai people support the legal recognition of same-sex marriage. [7] [8]

Contents

Thailand previously did not recognise any form of same-sex unions. [9] [10] The law replaced the terms "men and women" and "husband and wife" in the Civil and Commercial Code with the words "individuals" and "spouses", and also allows same-sex couples to jointly adopt children. [11] Previously, several bills for civil partnerships and same-sex marriage had been introduced to Parliament but had failed to pass. Thailand became the first country in Southeast Asia, the second in Asia after Taiwan and the 38th in the world to legalise same-sex marriage. [12] [13] [14] [15] [16] [17]

Civil partnerships

In December 2012, the government of Prime Minister Yingluck Shinawatra formed a committee to draft legislation providing legal recognition to same-sex couples in the form of civil partnerships. [18] 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, Viroon Phuensaen. [19] By 2014, the bill had bipartisan support, but was stalled due to political unrest in the country. [20] In the second half of 2014, media reported that a draft bill called the Civil Partnership Act (Thai : พระราชบัญญัติคู่ชีวิต, Phra Ratcha Banyat Khuchiwit) would be submitted to the junta-appointed Thai Parliament. It would have granted same-sex couples some of the rights of opposite-sex marriage, but was criticized for increasing the minimum age from 17 to 20, and omitting adoption rights. [21]

In 2017, government officials responded favourably to a petition signed by 60,000 people calling for the legalisation of same-sex civil partnerships. Pitikan Sithidej, the director-general of the Rights and Liberties Protection Department, confirmed that she had received the petition and "would do all she could" to get it passed as soon as possible. [22] The Ministry of Justice 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 have been able to register as "life partners" and would have been granted some of the rights of marriage. [23] [24] [25] The bill was discussed in public hearings between 12 and 16 November, where a reported 98 percent of respondents expressed support for the measure. [26] [27] The government approved the bill on 25 December 2018. [28] [29] [30] On 8 July 2020, the new government formed following the 2019 election approved a new draft of the bill and introduced to the National Assembly. [31] [32] 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 (Thai : ใบรับการแจ้งชีวิตคู่, bairap kan chaeng chiwit khu) to same-sex couples. The certificates are not legally binding but can serve as evidence-based documentation of a relationship. The district also announced it would use the certificates to roughly estimate the number of same-sex couples in the district wishing to marry. [33] [34]

Same-sex marriage

Background

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
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Marriage performed
Marriage recognized
Other type of partnership
Legal guardianships or unregistered cohabitation
Limited foreign recognition (residency rights)
No recognition of same-sex couples
Restrictions on freedom of expression, not enforced
Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
Prison, not enforced
Prison
Death penalty on books, 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
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression, not enforced
  Severe restrictions of association with arrests or detention
Same-sex sexual activity illegal
  Prison, not enforced
  Prison
  Death penalty on books, not enforced
  Enforced death penalty

In May 1928, Thai media reported the story of a marriage between two women in Bangkok. One of the spouses was shot dead a month later. [35]

In September 2011, the National Human Rights Commission (NHRC) and the Sexual Diversity Network proposed draft legislation on same-sex marriage and called on the Thai Government to support its legalisation. [36] [37] In September 2013, the Bangkok Post reported that an attempt in 2011 by Natee Teerarojjanapong, the president of the Gay Political Group of Thailand, to register a marriage with his male partner had been rejected. [38] Several other couples made similar attempts over the following years. [39]

In 2021, the Constitutional Court ruled that section 1448 of the Civil and Commercial Code defining marriages as only being between "women and men" was constitutional. The court stated that same-sex 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 cited LGBT people as a different "species" that needed to be separated and studied as they are incapable of creating the "delicate bond" of human relationships. [40] The text was criticised by LGBT activists as "sexist and demeaning". [41] The court ruling stated:

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.

Marriage Equality Act

In June 2020, Deputy Tunyawat Kamolwongwat from the Move Forward Party introduced a bill to legalise same-sex marriage to the National Assembly. [42] A public consultation on the bill was launched on 2 July 2020. [43] [44] In June 2022, a couple of same-sex union bills passed their first readings in Parliament. These included the Marriage Equality Bill proposed by the opposition Move Forward Party, which would have amended the Civil and Commercial Code to include couples of any gender, and a government-proposed civil partnership bill, which would have instead introduced civil partnerships as a separate category, granting some, but not all, of the rights given to married couples. [45] [46] [47] Despite several amendments, neither bill passed Parliament before it was dissolved ahead of the 2023 election.

In November 2023, Prime Minister Srettha Thavisin of the Pheu Thai Party announced that his government had approved a draft same-sex marriage law, [48] which Parliament began to debate on 21 December 2023. [49] Besides the government bill, three additional versions proposed by the Move Forward Party and the Democrat Party were considered. [50] [51] All four bills passed overwhelmingly by 369 votes to 10 on 21 December 2023, [52] with the House of Representatives approving the formation of an ad-hoc committee to combine the four draft bills into one over 15 days before further debates in 2024. [11] On 27 March 2024, the House of Representatives overwhelmingly approved a unified draft law by 400 votes to 10 in third reading, with two abstentions and three not voting. [53] [54] The bill passed its first reading in the Senate on 2 April by a 147 to 4 vote. [55] [56] On 29 May, the chair of the ad-hoc committee announced that the Senate was expected to hold a parliamentary session on 18 June to vote on the bill. [57] [58] That day, the bill was approved by the Senate in its final reading without amendments, therefore requiring no further action from the House of Representatives. [59] It received royal assent from King Vajiralongkorn on 12 August 2024 and was published in the Royal Gazette on 24 September 2024. The law came into effect on 23 January 2025. [60] [61] Prime Minister Paetongtarn Shinawatra welcomed the promulgation on social media. [62] The enactment of the Marriage Equality Act (Thai : พระราชบัญญัติสมรสเท่าเทียม, RTGS: phraratchabanyat somrot thaothiam) made Thailand the first country in Southeast Asia and the second in Asia after Taiwan to legalise same-sex marriage.

Ahead of the law's implementation, Bangkok Pride leader Ann Chumaporn stated that the organisation would work with the Bangkok Metropolitan Administration to organise a mass wedding ceremony on 23 January 2025, [63] with the goal of having 1,448 same-sex couples participate, symbolising the Civil and Commercial Code section amended by the Marriage Equality Act. Activists also urged communities in other provinces to organize similar mass wedding ceremonies. [64] Prime Minister Shinawatra invited several same-sex couples to the Government House to celebrate their marriages, writing on Instagram: "January 23, 2025 will be the day we all make history together, the love of everyone is legally recognised with honour and dignity." [65] According to the Ministry of Interior, more than 1,754 same-sex couples married on the first day of legalization, [66] [67] with about 650 in Bangkok. [39]

Public opinion

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

Thai opinion polls have consistently favoured legal recognition of same-sex marriages. [68] [69] [70] According to a 2019 YouGov poll of 1,025 respondents, 63 percent of Thai people supported the legalisation of same-sex partnerships, with 11 percent against and 27 percent preferring not to answer. 69 percent of people aged 18 to 34 supported civil partnerships, with 10 percent opposed. Legalisation was supported by 56 percent of those aged between 35 and 54 (33 percent opposed), and 55 percent of those aged 55 and over (13 percent opposed). 66 percent of those with university degrees were in favour (10 percent opposed), and 57 percent of those without university degrees (12 percent opposed). 68 percent of those with a high income supported civil partnerships (7 percent opposed), and 55 percent of those with a low income (13 percent opposed). 68 percent of women responded in favour (7 percent opposed), as did 57 percent of men (14 percent opposed). [71]

According to a 2022 poll by the National Institute of Development Administration (NIDA), 80 percent of Thais supported same-sex marriage. [72] A June–September 2022 Pew Research Center poll showed that 60 percent of Thai people supported same-sex marriage (24 percent "strongly" and 36 percent "somewhat"), while 32 percent opposed (18 percent "strongly" and 14 percent "somewhat"). Support was highest among Buddhists at 68 percent, but lowest among Muslims at 14 percent. This level of support was the second highest among the six Southeast Asian countries polled, behind Vietnam at 65 percent, but ahead of Cambodia at 57 percent, Singapore at 45 percent, Malaysia at 17 percent, and Indonesia at 5 percent. [7] A government survey conducted between 31 October and 14 November 2023 showed that 96.6 percent of the Thai public supported the same-sex marriage bill. [8] [73] Opposition to same-sex marriage was mainly concentrated among Thailand's small Muslim minority. [74]

See also

Related Research Articles

Civil partnership in the United Kingdom is a form of civil union between couples open to both same-sex couples and opposite-sex couples. It was introduced via the Civil Partnership Act 2004 by the Labour government. The Act initially permitted only same-sex couples to form civil partnerships, but the law was expanded to include opposite-sex couples in 2019.

Same-sex marriage has been legal in Ireland since 16 November 2015. A referendum on 22 May 2015 amended the Constitution of Ireland to provide that marriage is recognised irrespective of the sex of the partners. The measure was signed into law by the President of Ireland, Michael D. Higgins, as the Thirty-fourth Amendment of the Constitution of Ireland on 29 August 2015. The Marriage Act 2015, passed by the Oireachtas on 22 October 2015 and signed into law by the Presidential Commission on 29 October 2015, gave legislative effect to the amendment. Same-sex marriages in Ireland began being recognised from 16 November 2015, and the first marriage ceremonies of same-sex couples in Ireland occurred the following day. Ireland was the eighteenth country in the world and the eleventh in Europe to allow same-sex couples to marry nationwide.

The Czech Republic has offered registered partnerships for same-sex couples since 1 July 2006. Registered partnerships grant several of the rights of marriage, including inheritance, the right to declare a same-sex partner as next of kin, hospital visitation rights, jail and prison visitation rights, spousal privilege, and alimony rights, but do not allow joint adoption, widow's pension, or joint property rights. The registered partnership law was passed in March 2006 and went into effect on 1 July 2006. The country also grants unregistered cohabitation status to "persons living in a common household" giving couples inheritance and succession rights in housing.

This article contains a timeline of significant events regarding same-sex marriage and legal recognition of same-sex couples worldwide. It begins with the history of same-sex unions during ancient times, which consisted of unions ranging from informal and temporary relationships to highly ritualized unions, and continues to modern-day state-recognized same-sex marriage. Events concerning same-sex marriages becoming legal in a country or in a country's state are listed in bold.

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

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Thailand are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal. Legalization of same-sex marriage and adoption of children by married same-sex couples was signed into law in 2024, and came into force on 23 January 2025. Thailand was the first Asian UN member state to pass a comprehensive same-sex marriage law, as well as the first in Southeast Asia and the 38th in the world. About eight percent of the Thai population, five million people, are thought to be in the LGBT demographic.

<span class="mw-page-title-main">Legal status of same-sex marriage</span>

The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.

<span class="mw-page-title-main">LGBTQ rights in Europe</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights are widely diverse in Europe per country. 22 of the 38 countries that have legalised same-sex marriage worldwide are situated in Europe. A further 11 European countries have legalised civil unions or other forms of recognition for same-sex couples.

<span class="mw-page-title-main">LGBTQ rights in the Isle of Man</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights in the British Crown dependency of the Isle of Man have evolved substantially since the early 2000s. Private and consensual acts of male homosexuality on the island were decriminalised in 1992. LGBTQ rights have been extended and recognised in law since then, such as an equal age of consent (2006), employment protection from discrimination (2006), gender identity recognition (2009), the right to enter into a civil partnership (2011), the right to adopt children (2011) and the right to enter into a civil marriage (2016).

<span class="mw-page-title-main">LGBTQ rights in Gibraltar</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) rights within the British Overseas Territory of Gibraltar have evolved significantly in the past decades. Same-sex sexual activity has been legal since 1993 and the age of consent was equalised to 16 in 2012. The Supreme Court of Gibraltar ruled in April 2013 that same-sex couples have the right to adopt. Civil partnerships have been available to both same-sex and opposite-sex couples since March 2014, and in October 2016, Gibraltar voted to legalise same-sex marriage with the Civil Marriage Amendment Act 2016 passing unanimously in Parliament. The law received royal assent on 1 November and took effect on 15 December 2016.

Same-sex marriage has been legal in Jersey since 1 July 2018. The States Assembly passed a bill allowing same-sex couples to marry on 1 February 2018. Royal assent was granted on 23 May 2018, and the law took effect on 1 July. Jersey followed the other Crown Dependencies of the United Kingdom in legalising same-sex marriage, after the Isle of Man in 2016 and Guernsey in 2017.

<span class="mw-page-title-main">LGBTQ rights in Scotland</span>

Lesbian, gay, bisexual, transgender and queer (LGBTQ) rights in Scotland are generally in line with the rest of the United Kingdom, which have evolved extensively over time and are now regarded as some of the most progressive in Europe. In both 2015 and 2016, Scotland was recognised as the "best country in Europe for LGBTI legal equality".

Same-sex marriage has been provisionally recognised nationwide in Nepal since 24 April 2024. On 28 June 2023, Supreme Court Justice Til Prasad Shrestha directed the government to establish a "separate register" for "sexual minorities and non-traditional couples" and to "temporarily register them" until the final verdict by the full bench of the Supreme Court is issued. Despite the directive, a district court in Kathmandu denied a same-sex couple's application to marry on 13 July 2023. In the last week of November 2023, the couple was informed by the Ministry of Home Affairs that their marriage would be registered. They successfully registered their marriage on 29 November 2023 in Dordi, followed by several other, mostly transgender, couples over the following months. On 24 April 2024, Home Affairs' National ID and Civil Registration Department issued a circular to all local registration authorities, instructing them to enter all same-sex marriages into the separate register. However, the temporary registration does not grant same-sex couples the same legal rights and recognition as opposite-sex couples. Same-sex couples cannot inherit property, receive tax subsidies, make spousal medical decisions or adopt children, among others. They are also labeled as "groom and bride" on marriage licenses, and comprehensive statistics remain unavailable as these temporary registrations are not being integrated into the Department of National ID and Civil Registration's online system. 

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

Debate has occurred throughout Europe over proposals to legalise same-sex marriage as well as same-sex civil unions. Currently 33 of the 50 countries and the 8 dependent territories in Europe recognise some type of same-sex union, among them most members of the European Union (24/27). Nearly 43% of the European population lives in jurisdictions where same-sex marriage is legal.

<span class="mw-page-title-main">LGBTQ rights in Delaware</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the U.S. state of Delaware enjoy the same legal protections as non-LGBTQ people. Same-sex sexual activity has been legal in Delaware since January 1, 1973. On January 1, 2012, civil unions became available to same-sex couples, granting them the "rights, benefits, protections, and responsibilities" of married persons. Delaware legalized same-sex marriage on July 1, 2013.

<span class="mw-page-title-main">LGBTQ rights in Jersey</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) rights in the British Crown dependency of Jersey have evolved significantly since the early 1990s. Same-sex sexual activity was decriminalised in 1990. Since then, LGBTQ people have been given many more rights equal to that of heterosexuals, such as an equal age of consent (2006), the right to change legal gender for transgender people (2010), the right to enter into civil partnerships (2012), the right to adopt children (2012) and very broad anti-discrimination and legal protections on the basis of "sexual orientation, gender reassignment and intersex status" (2015). Jersey is the only British territory that explicitly includes "intersex status" within anti-discrimination laws. Same-sex marriage has been legal in Jersey since 1 July 2018.

<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.

Chumaporn Taengkliang, also known as Ann "Waaddao" Chumaporn is a Thai LGBTQ rights activist and founder of Naruemit Pride, the organizer of Bangkok Pride.

Plaifah Kyoka Shodladd is a Thai LGBTQ rights activist. Shodladd, who identifies as non-binary, co-founded the Asian Pride Alliance (APA) and served as a member of the parliamentary committee on same-sex marriage in Thailand.

As of 2018, there were estimated to be between 4.2 and 5 million LGBTQ people living in Thailand. Thailand has long had a reputation of tolerance when it comes to LGBTQ people. However, the Bangkok Post noted in 2013 that "while Thailand is viewed as a tourist haven for same-sex couples, the reality for locals is that the law, and often public sentiment, is not so liberal." A 2014 report by the United States Agency for International Development and the United Nations Development Programme said that LGBTQ people "still face discrimination affecting their social rights and job opportunities", and "face difficulty gaining acceptance for non-traditional sexuality, even though the tourism authority has been promoting Thailand as a gay-friendly country".

<span class="mw-page-title-main">Marriage Equality Act (Thailand)</span>

The Civil and Commercial Code Amendment Act, 2567 BE, commonly referred to as the Marriage Equality Act, is a 2024 Thai law legalizing same-sex marriage in Thailand. The law made Thailand the first country in Southeast Asia and second country in Asia to legalize same-sex marriage after Taiwan.

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