Jump to content

Same-sex marriage in Thailand

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by Miwako Sato (talk | contribs) at 19:46, 24 September 2024. The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

Part of the LGBTQ rights series
Marriage

Recognized

Civil unions or registered partnerships but not marriage
Minimal recognition
See also
Notes
  1. ^ a b Performed in the Netherlands proper (including the Caribbean Netherlands), as well as in Aruba and Curaçao. May be registered in Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. ^ Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. ^ Neither performed nor recognized in six British Overseas Territories.
  4. ^ a b Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. ^ Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. ^ a b c d e The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. ^ A "declaration of family relationship" is available in several of Cambodia's communes which may be useful in matters such as housing, but is not legally binding.
  8. ^ Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. ^ Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. ^ Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. ^ Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. ^ Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. ^ Hospital visitation rights through a "legal representative" status.
  1. ^ a b Not yet in effect.
LGBTQ portal

Thailand will recognise same-sex marriage from 22 January 2025.[1] Thailand previously did not recognise any form of same-sex unions.[2][3] Several bills for civil partnerships and same-sex marriage had previously been introduced by the Cabinet but failed to pass Parliament.

New same-sex marriage legislation supported by the government and major opposition parties was introduced in November 2023. It was passed by the House of Representatives by 400 to 10 on 27 March 2024, and the Senate by 130 to 4 on 18 June 2024.[4] It has received royal assent and was published in the Royal Gazette on 24 September 2024, and will take effect from 22 January 2025, the 120th day from the publication date.[1] 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 law also allows same-sex couples to jointly adopt children.[5] It will make Thailand the first Southeast Asian country and the second Asian country after Taiwan to legalise same-sex marriage.[6][7][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 "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]

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 defining marriages as only being between women and men is constitutional. At one point in the full ruling, the Court 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 they are incapable of creating the "delicate bond" of human relationships.[30] The text was criticised by LGBT activists as sexist and demeaning.[31]

Marriage Equality Act

In June 2020, Move Forward Party deputy Tunyawat Kamolwongwat introduced a bill to legalise same-sex marriage.[32] The public consultation on the bill was launched on 2 July.[33][34]

In 2022, a group of bills concerning same-sex unions passed their first readings in 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.[35][36][37] Despite several amendments, neither bill passed Parliament before it was 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,[38] which Parliament began to debate on 21 December 2023.[39] 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.[40][41] All four bills passed overwhelmingly at 369 to 10,[42] with the House of Representatives approving the formation of an ad-hoc committee to combine the four drafts into one over 15 days before further debates in 2024.[5]

On 27 March 2024, the House of Representatives overwhelmingly passed the draft law by 400 to 10 on its third reading, with two abstentions and three not voting.[43] It was then passed to the Senate.[44]

On 2 April 2024, the Senate approved the first reading of the draft law by 147 to 4. The draft law must be passed by two more Senate votes.[45][46]

On 29 May 2024, the chair of the marriage equality parliamentary committee announced the Senate was expected to hold an ad-hoc parliamentary session on 18 June 2024 to vote on the bill.[47][48]

On 18 June 2024, the bill was approved by the Senate without amendment therefore requiring no further actions from the House of Representatives.[49] It received royal assent and was published in the Royal Gazette on 24 September 2024, and will come into effect after 120 days.[50]

Public opinion

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

Thai opinion polls have consistently favoured legal recognition of same-sex marriages.[51][52][53]

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).[54]

According to a 2022 poll by the National Institute of Development Administration (NIDA), 93% of Thais accepted LGBT friends or colleagues, 91% would accept an LGBT person as a family member, and 80% supported same-sex marriage.[55]

According to Deputy Prime Minister Somsak Thepsuthin, a government survey conducted between 31 October and 14 November in 2023 showed that 96.6% of Thai public supported the same-sex marriage bill.[56][57]

See also

Notes

References

  1. ^ a b News Series (24 September 2024). "'Monumental step': Thai king signs same-sex marriage into law, a first in Southeast Asia". france24.com.
  2. ^ "Thailand's Civil Partnership Bill sparks further debate on same-sex couple rights". CNA. Archived from the original on 25 July 2021. Retrieved 5 July 2021.
  3. ^ Thanthong-Knight, Randy (16 March 2021). "Thailand Has Three Paths to Recognizing Same-Sex Partnerships". Bloomberg. Archived from the original on 24 October 2021. Retrieved 18 August 2021.
  4. ^ Anuwech, Pirada; Yoon, John (18 June 2024). "Thailand's Legislature Approves Same-Sex Marriage Law". The New York Times. ISSN 0362-4331. Archived from the original on 18 June 2024. Retrieved 18 June 2024.
  5. ^ a b "Thailand edges closer to legalising same-sex marriage". Reuters. 21 December 2023. Archived from the original on 27 May 2024. Retrieved 21 December 2023.
  6. ^ "LGBTQ+ awaits 'groundbreaking' law". Bangkok Post. 9 July 2024. Retrieved 10 August 2024.
  7. ^ Peter, Zsombor (29 March 2024). "LGBTQ advocates cheer Thailand's latest drive for same-sex marriage law". Al Jazeera. Archived from the original on 3 April 2024. Retrieved 6 April 2024.
  8. ^ "Thailand: Promptly Pass Same-Sex Marriage Bill". Human Rights Watch. 27 March 2024. Archived from the original on 18 June 2024. Retrieved 6 April 2024.
  9. ^ Knight, Kyle; Phasuk, Sunai (18 June 2024). "Victory for Same-Sex Marriage in Thailand". Human Rights Watch. Archived from the original on 18 June 2024. Retrieved 21 June 2024.
  10. ^ "Thai media: Thai same-sex marriage bill receives royal endorsement, will officially be first South-east Asian country to recognise LGBT relationships". malaymail.com. Retrieved 24 September 2024.
  11. ^ Leach, Anna (17 December 2012). "Thai government drafting same-sex civil partnership law". Gay Star News. Archived from the original on 30 July 2019. Retrieved 21 April 2017.
  12. ^ "Hundreds back civil unions for gay couples". Bangkok Post. 9 February 2013.
  13. ^ Lee, Steve (10 April 2014). "Thai marriage equality bill unable to proceed due to political crisis". LGBT Weekly. Archived from the original on 12 June 2018. Retrieved 21 April 2017.
  14. ^ Mitsunaga, Takato (9 October 2014). "Same-sex marriage may come true under Thai junta". Prachatai English. Archived from the original on 2 May 2019. Retrieved 21 April 2017.
  15. ^ "Thailand to revive gay rights Bill". Today. 2 June 2017. Archived from the original on 27 August 2018. Retrieved 25 November 2018.
  16. ^ Thailand expected to introduce same-sex civil partnerships Archived 23 July 2019 at the Wayback Machine, The Independent, 27 April 2018
  17. ^ Networks, Hornet (30 July 2018). "Thailand Could Actually Beat Taiwan to Legalizing Same-Sex Unions and Benefits". Hornet. Archived from the original on 19 July 2019. Retrieved 19 December 2023.
  18. ^ "Gay union law ready for Cabinet by September". The Nation. 22 July 2018. Archived from the original on 27 October 2018. Retrieved 19 December 2023.
  19. ^ John Reed (26 November 2018). "Thais celebrate the prospect of same-sex unions as a leap forward". Financial Times. Archived from the original on 11 December 2022. Retrieved 6 July 2019.
  20. ^ Braidwood, Ella (6 November 2018). "Thailand could be first country in Asia with same-sex unions". PinkNews. Archived from the original on 2 May 2019. Retrieved 19 December 2023.
  21. ^ Theparat, Chatrudee (25 December 2018). "Cabinet endorses civil partnership bill". Bangkok Post. Retrieved 25 December 2018.
  22. ^ Sarrubba, Stefania (25 December 2018). "Thailand cabinet approves the first draft of same-sex civil union bill". Gay Star News. Archived from the original on 30 July 2019. Retrieved 25 December 2018.
  23. ^ "New rights for gay couples". Bangkok Post. 26 December 2018. Archived from the original on 25 March 2023. Retrieved 19 December 2023.
  24. ^ Bangprapa, Mongkol (8 July 2020). "Cabinet backs bill allowing same-sex unions". Bangkok Post. Archived from the original on 21 October 2023. Retrieved 8 July 2020.
  25. ^ Thanthong-Knight, Randy (8 July 2020). "Thailand Leads Way in Southeast Asia With Same-Sex Union Bill". Bloomberg News. Archived from the original on 10 July 2020. Retrieved 8 July 2020.
  26. ^ "Same-sex couples get partnership certificates on Valentine's Day in Bangkok". Pattaya Mail. 15 February 2023. Archived from the original on 16 February 2023. Retrieved 16 February 2023.
  27. ^ "Commission for marriage rights". Star Observer. 13 September 2011. Archived from the original on 6 April 2012. Retrieved 21 April 2017.
  28. ^ "NHRC will support gay marriage rights". The Nation. 5 September 2011. Archived from the original on 7 June 2019. Retrieved 21 April 2017.
  29. ^ Chaiyot Yongcharoenchai (8 September 2013). "The two faces of Thai tolerance". Bangkok Post. Archived from the original on 24 February 2023. Retrieved 19 December 2023.
  30. ^ "Subtle meanings behind Thai Constitutional Court's ruling against same-sex marriage". nationthailand.com Bangkok. 8 December 2021. Archived from the original on 26 February 2024. Retrieved 19 December 2023.
  31. ^ "Constitutional Court's full verdict enrages LGBT community, rights defenders". www.thaipbsworld.com. 2012. Archived from the original on 18 June 2024. Retrieved 19 December 2023.
  32. ^ Maneechote, Pear (15 June 2020). "Move Forward Party to push bill granting same-sex marriage in Thailand". Thai Enquirer. Archived from the original on 8 July 2020. Retrieved 8 July 2020.
  33. ^ "Marriage law amendments now up for public consultation". Prachatai. 8 July 2020. Archived from the original on 6 August 2020. Retrieved 8 July 2020.
  34. ^ "ร่างพระราชบัญญัติแก้ไขเพิ่มเติมประมวลกฎหมายแพ่งและพาณิชย์ (ฉบับที่ ..) พ.ศ. ..." Thailand Parliament. Archived from the original on 8 July 2020. Retrieved 8 July 2020.
  35. ^ Sattaburuth, Aekarach (15 June 2022). "Parliament passes marriage equality bill, 3 other drafts". Bangkok Post. Archived from the original on 18 June 2024. Retrieved 20 June 2022.
  36. ^ "Parliament passes 1st reading of Marriage Equality Bill, paving way for same sex marriage". Thai PBS World. 15 June 2022. Archived from the original on 18 June 2024. Retrieved 20 June 2022.
  37. ^ Valentin, Declercq. "Gay Rights in Thailand (History) – G.A.M. Legal Alliance". gam-legalalliance.com. G.A.M. Legal Alliance. Archived from the original on 20 November 2022. Retrieved 20 November 2022.
  38. ^ "Marriage equality bill for parliament next month". Bangkok Post. Bangkok Post Public Company. Reuters. 21 November 2023. Archived from the original on 21 November 2023. Retrieved 21 November 2023.
  39. ^ "Thailand steps closer to allowing same-sex marriage with cabinet nod". CNBCTV18. 19 December 2023. Archived from the original on 19 December 2023. Retrieved 19 December 2023.
  40. ^ "สภา เริ่มถกร่างกม.สมรสเท่าเทียม – 'ภาคีสีรุ้ง' วอนโหวตรับเป็นของขวัญปีใหม่". bangkokbiznews (in Thai). 21 December 2023. Archived from the original on 21 December 2023. Retrieved 21 December 2023.
  41. ^ "สมรสเท่าเทียม: สำรวจข้อเหมือน-ข้อต่าง ร่างกฎหมายสมรส LGBTQ+ รัฐบาล-ก้าวไกล-ภาคประชาชน" [Marriage equality: explore similarities and differences in LGBTQ+ marriage draft bills, Government-Move Forward-civil sector]. BBC News Thai (in Thai). 21 December 2023. Archived from the original on 21 December 2023. Retrieved 21 December 2023.
  42. ^ "สภาฯ รับหลักการ "สมรสเท่าเทียม" ทั้ง 4 ฉบับ" [Parliament approves all four marriage equality bills]. Thai PBS (in Thai). Archived from the original on 21 December 2023. Retrieved 21 December 2023.
  43. ^ "Lawmakers in Thailand overwhelmingly approve a bill to legalize same-sex marriage". Associated Press. 27 March 2024. Archived from the original on 27 March 2024. Retrieved 27 March 2024.
  44. ^ "Thailand: Lawmakers pass same-sex marriage bill". DW.com. 27 March 2024. Archived from the original on 27 March 2024. Retrieved 27 March 2024.
  45. ^ "Thailand moves closer to legalising same-sex marriage as bill sails through senate". France 24. 2 April 2024. Retrieved 2 April 2024.
  46. ^ "Thailand's Same-Sex Marriage Bill Advances Further After First Senate Nod". Bloomberg.com. 2 April 2024. Archived from the original on 2 April 2024. Retrieved 2 April 2024.
  47. ^ Bangkok, Chad de Guzman / (1 June 2024). "Bangkok Pride in Full Swing as Marriage Equality Seems Close". TIME. Archived from the original on 1 June 2024. Retrieved 1 June 2024.
  48. ^ "Thailand: Expedite Passage of Marriage Equality Bill, Ensure Rights for LGBTI+ Persons". Fortify Rights. 31 May 2024. Archived from the original on 1 June 2024. Retrieved 1 June 2024.
  49. ^ "Thailand's Senate Overwhelmingly Approves a Landmark Marriage Equality Bill". TIME. Associated Press. 18 June 2024. Archived from the original on 18 June 2024. Retrieved 18 June 2024.
  50. ^ "Thai LGBT community start Pride Month ahead of marriage equality bill readings". Reuters. 1 June 2024.
  51. ^ Limsamarnphun, Nophakhun (24 November 2018). "More rights for same-sex couples". The Nation. Archived from the original on 25 November 2018. Retrieved 24 November 2018.
  52. ^ Villadiego, Laura (16 September 2018). "Land of lady boys? Thailand is not the LGBTI paradise it appears". South China Morning Post. Archived from the original on 16 May 2019. Retrieved 16 September 2018.
  53. ^ "Nida Poll: Most Thais agree with same sex marriage". Thai PBS. 5 July 2015. Archived from the original on 21 November 2017. Retrieved 16 September 2018.
  54. ^ "3 in 5 Thais support same-sex civil partnerships: survey | Coconuts Bangkok". Coconuts. 18 February 2019. Archived from the original on 17 July 2019. Retrieved 1 July 2019.
  55. ^ "Nine in 10 Thais accept LGBTQ+ people as social tolerance rises: poll". Nation Thailand. 12 June 2022. Archived from the original on 14 July 2023. Retrieved 14 July 2023.
  56. ^ "Thailand edges closer to legalising same-sex marriage". Reuters. Archived from the original on 27 May 2024. Retrieved 21 December 2023.
  57. ^ "Thailand edges closer to legalising same-sex marriage". www.businesstimes.com.sg. 21 December 2023. Archived from the original on 22 December 2023. Retrieved 3 February 2024.
Retrieved from "https://en.wikipedia.org/w/index.php?title=Same-sex_marriage_in_Thailand&oldid=1247545903"