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Journalism of Courage
Written by Saima Mehta
The Thai Senate, the upper house of Thailand’s National Assembly, passed the Marriage Equality Bill on Tuesday (June 18), with a hundred and thirty senators voting in its favour, 18 abstaining, and only four voting against.
This puts Thailand on the verge of becoming the first country in Southeast Asia, and third in Asia after Nepal and Taiwan, to legalise same-sex marriage. The Bill now awaits the formal endorsement of Thai monarch King Rama X. This is expected to take place imminently.
The lower house of the National Assembly had nearly unanimously approved the Bill on March 26, with only 10 of the sitting 415 legislators voting against it.
The new legislation changes references to “men”, “women”, “husbands” and “wives” in Thai marriage laws to gender-neutral terms such as “spouse” and “person”. This means that two persons can marry each other, regardless of their gender.
It also grants same-sex couples the same rights as heterosexual couples in areas such as adoption, inheritance, and tax benefits. LGBTQ+ couples effectively possess the same legal powers as their heterosexual counterparts in case of legal incapacitation, from being able to access bank accounts to providing consent for medical treatment.
A major victory for Thailand’s LGBTQ+ population, the Bill’s cross-party support reflects Thai society’s largely positive positive opinions on LGBTQ+ rights and same-sex marriage. A 2022 poll by Thailand’s National Institute of Development Administration found 91% of respondents to be ‘tolerant’ towards LGTBQ+ family members, and 80% in favour of same-sex marriage.
In fact, Thailand has had a long history of gender and sexual diversity, even though legal rights for LGBTQ+ individuals have been lacking. The recent push towards legal recognition may be attributed to increased media representation, activism, and advocacy efforts, which have forged political support for the issue.
After the Bill’s passage in the Senate, Thai Prime Minister Srettha Thavisin, who has been a vocal supporter of the LGBTQ community and marriage equality, said that he will open his official residence to activists and supporters for celebrations.
Apart from Thailand, Taiwan, and Nepal, other Asian countries do not fare well when it comes to marriage equality and LGBTQ+ rights.
Last October, a five-judge Bench of the Supreme Court of India refused to alter the Special Marriage Act (SMA) of 1954 to give legal recognition to same-sex marriages, putting the onus on Parliament to legislate marriage equality. Thus far, there has been next to no political backing of the move.
In fact, at least 20 Asian countries outlaw same-sex sexual activity, with Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the UAE and Yemen, even prescribing the death penalty. In India, same-sex relations between consenting adults were decriminalised after a landmark Supreme Court judgment in 2018.
Currently, same-sex marriage is legal in 36 countries (not including Thailand) globally, according LGBTQ+ rights advocacy Human Rights Campaign. These are: Andorra, Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Colombia, Costa Rica, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, Ireland, Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland, Taiwan, the United Kingdom, the United States of America and Uruguay.
– Saima is an intern with The Indian Express
