The Thai House of Representatives has given its approval to an equal marriage bill, heralding a landmark step towards legalizing same-sex marriage. With the bill receiving an overwhelming 400 votes out of 415 in the House, it now awaits further endorsement from the Thai Senate and the king. Should this legislation garner their approval, Thailand will secure its place as the third Asian country/region to recognize same-sex marriages, joining the ranks of Taiwan and Nepal. Thavisin.
One of the key changes this bill brings to the table is the replacement of gendered nouns in the current Thai Civil and Commercial Code with gender-neutral alternatives, ensuring marriage equality. For example, under section 1448 of the code, marriage presently can occur only when “the man and woman have completed their seventeenth year of age”. This bill aims to replace phrases like ‘man’ and ‘woman’ with gender-neutral terms such as ‘person’, ‘spouse’, and ‘betrothed’.
This change is not merely semantic; it broadens the scope of civil rights afforded to homosexual couples as well. The right to get engaged and married becomes accessible to “people of all genders” and no longer remain exclusive to heterosexual couples. The sphere of civil rights also extends to areas including medical decision-making, social security rights, civil servant benefits, and spousal tax deductions.
The bill also proposes an amendment to the minimum age for marriage, making it 18 instead of the present 17. This is in keeping with Thailand’s obligations under the internationalConvention on the Rights of the Child.
Prime Minister Srettha Thavisin attributed this progressive achievement to the consensus in Thai society that is working together to build an egalitarian society without any form of discrimination.
However, the path to societal progress has not always been smooth or well received. In 2021, section 1448 of the Thai constitution, which legally recognized only heterosexual marriages, was upheld by Thailand’s Constitutional Court in the interest of preserving society’s existence and traditional customs. Nevertheless, the court did advise the government to make provisions for protecting the rights of individuals with diverse sexualities.
Despite the bill waiting for the Senate’s approval, it’s important to note that according to section 137 and section 138 of Thailand’s Constitution, the Senate does not possess the power to veto a bill approved by the House. The Senate can either propose an amendment or resend the bill in its entirety back to the House. If the House resolves to reaffirm the proposed bill after 180 days, it will be deemed as having the Senate’s approval.
While the bill stands as a significant stride towards equality in Thailand, advocates from the LGBTQIA+ community continue to express reservations about parental rights. They strive to replace terms like ‘father’ or ‘mother’ with the gender-neutral term ‘parent’ in adoption legislation, echoing their demand for inclusivity in all aspects of civil life.
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