Thailand’s Senate made history this week by passing the final reading of a bill to legalize same-sex marriage, making it the first country in Southeast Asia to do so. The Senate voted by a wide margin in favor of the bill, which had earlier been approved almost unanimously by the House of Representatives in March. This significant step forward is only pending royal endorsement by King Maha Vajiralongkorn before it can be entered into Thailand’s Royal Gazette as law.
The bill represents an amendment to section 1448 of Thailand’s Civil and Commercial Code, which previously defined marriage as a union between “a man and a woman.” The updated language adopts a gender-neutral approach to encompass same-sex marriages. This legislative change is no surprise in a nation where public opinion is notably supportive. According to a 2023 Pew Research Center study, 60 percent of the Thai population supports same-sex marriage, while only 30 percent oppose it.
Nonetheless, the road to legalization has been long. Thailand’s Constitutional Court ruled in 2021 that the existing section 1448 was constitutional but urged the government to amend the law to recognize same-sex marriages. This prompted nearly two years of legal and political maneuvering before the cabinet finally approved the bill in 2023. Once enacted, Thailand will join Taiwan and Israel as the only nations in Asia to have legalized same-sex marriage.
An important constitutional safeguard remains: even if the King were to deny royal assent—a rare occurrence—section 146 of Thailand’s Constitution stipulates that the National Assembly can override this refusal with a two-thirds majority vote. Given the bill’s broad support, it is likely to overcome any potential veto.
Read more about this landmark legislative development here.