Thailand, a country recognized as being LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer, or Questioning) friendly, is currently facing challenges regarding the legalization of LGBTQ marriage and the pursuit of equal rights for LGBTQ couples, similar to those enjoyed by straight couples. Possible guidelines in this regard have been proposed: Draft of the Civil Partnership Bill and the Bill to Amend the Civil and Commercial Code (the “CCC”) Book 5 Family. All these proposals are currently under the consideration of Parliament, and it is likely to take some time before the relevant law will be officially enacted. This article will state the proposals to legalize same-sex marriage and examine the Constitutional Court of Thailand’s decision regarding the constitutionality of Article 1448 under the CCC which is in the scope of marriage law, and provide arguments against the decision. Perhaps, it is time for Thailand to consider whether to support gender equality or refuse all the relevant requests.
References
[1]
Fortify Rights, Thailand (2022). Prioritize the Marriage Equality Bill in New Legislative Session. https://www.fortifyrights.org/tha-inv-2022-11-01/
[2]
Johar, Navtej Singh, Johar and Ors. v. Union of India THR. Secretary Ministry of Law and Justice. Writ Petition (Criminal) No. 76 of 2016. https://main.sci.gov.in/supremecourt/2016/14961/14961_2016_Judgement_06-Sep-2018.pdf
[3]
National Assembly of Thailand (n.d.). “Bill to Amend the Civil and Commercial Code Book 5 Family (Draft). https://www.parliament.go.th/section77/manage/files/file_20200702151354_1_94.pdf
[4]
Prachatai (2019). Couple Petitions Constitutional Court on Marriage Law. https://prachatai.com/english/node/8284
[5]
Prachatai (2020). Marriage Law Amendments Now up for Public Consultation. https://prachatai.com/english/node/8634
[6]
Prachatai English (2020). Thai Cabinet Approves Civil Partnership Bill. https://th.boell.org/en/2020/07/13/thai-cabinet-approves-civil-partnership-bill
[7]
Rajvanshi, A. (2023). Meet the Couple Leading the Push to Legalize Same-Sex Marriage in India. https://time.com/6272867/india-supreme-court-same-sex-marriage/
[8]
Reuters (2023). Thailand Edges Closer to Legalising Same-Sex Marriage. https://www.reuters.com/world/asia-pacific/thailand-edges-closer-legalising-same-sex-marriage-2023-12-21/
[9]
Senate (n.d.). Civil Partnership Bill and Bill to Amend the Civil and Commercial Code (Draft). https://www.senate.go.th/assets/portals/93/fileups/272/files/S%E0%B9%88ub_Jun/5interest/interest88.pdf
[10]
Siam Legal International (2023). The Thailand Civil Partnership Bill. https://www.siam-legal.com/thailand-law/the-thailand-civil-partnership-bill/
[11]
UNDP, Thailand (2019). New Study Reveals Favourable Attitudes TowardsLGBT People in Thailand, But Also Persistent Stigma, Discrimination, Violence and Exclusion. https://www.undp.org/thailand/press-releases/new-study-reveals-favourable-attitudes-towards-lgbt-people-thailand-also-persistent-stigma-discrimination-violence-and
[12]
UNDP, USAID (2014). Being LGBT in Asia: Thailand Country Report. https://www.refworld.org/pdfid/54ed82784.pdf
