We could very well take another step towards marriage equality in Asia soon!
Thailand’s lower house of parliament achieved a milestone on Wednesday, 27 March 2024 by passing a marriage equality Bill at the final reading.
This significant step brings the country closer to becoming the third territory in Asia to legalize same-sex unions.
The legislation approved on Wednesday represents the amalgamation of four distinct draft bills and establishes marriage as a union between two individuals, regardless of gender and a departure from the previous definition, which centred around a husband and wife.
Under the new law, couples entering into marriage are afforded the same rights and privileges as traditionally recognized married couples under Thailand’s civil and commercial code.
These rights encompass various aspects, including government-supported medical treatment and other benefits, tax deductions, the rights to approve the medical treatment of spouses, manage and inherit the assets of spouses, adopt children and more.
Such provisions aim to ensure that all married couples are entitled to the same legal protections and benefits afforded by the state.
The Bill’s passage is not the final step in the process, however. It still requires approval from the Senate and endorsement from the king before it can become law.
Despite this, the legislation had garnered widespread support from all of Thailand’s major political parties. It was passed by an overwhelming majority, with 400 out of the 415 lawmakers present voting in favour, while 10 voted against it.
Though it still needs approval from the Senate and royal endorsement to become law, it is widely expected to happen by the end of 2024.
Danuphorn Punnakanta, chairman of the parliamentary committee on the draft Bill, addressed lawmakers before the reading, “We did this for all Thai people to reduce disparity in society and start creating equality,” he stated, urging his colleagues to “make history.”
A Significant Step Towards LGBTQ Rights
The passage of the Bill is a significant milestone for Thailand, positioning the country as one of Asia’s most progressive societies on lesbian, gay, bisexual, and transgender (LGBT) issues.
It reflects a balance between openness and free-wheeling attitudes alongside traditional Buddhist values that have long been prevalent in Thai society.
Thailand has been a popular destination for same-sex couples, boasting a vibrant LGBT social scene for both locals and expatriates.
The country has also actively promoted LGBT tourism through targeted campaigns aimed at attracting travellers from the community.
If the Bill receives royal approval, it could take effect within 120 days, marking a historic moment for Thailand as it joins Taiwan and Nepal as the only places in Asia to legalise same-sex unions.
Taiwan had legalised gay marriage since May 2019, making it the first country in Asia to do so, while Nepal saw its first same sex marriage in November 2023.
Additionally, Thailand will become the only country in Southeast Asia to recognise same-sex unions.
The journey towards enacting this legislation has been spanning over a decade, with various challenges stemming from political instability and disagreements over the bill’s scope and approach.
In December, Parliament encountered a pivotal moment as it deliberated on four separate draft bills concerning same-sex marriage. These proposals originated from diverse sources, including Prime Minister Srettha Thavisin’s administration, the Move Forward Party, the Democrat Party, and civil society advocates.
Ultimately, these divergent perspectives were synthesised into a unified draft bill, culminating in its passage on Wednesday.
Nada Chaiyajit, a law lecturer at Mae Fah Luang University, Chiang Rai, lauded this development as a significant triumph.
Expressing a mixture of satisfaction and reservation, Nada remarked, “I’m happy indeed, but this isn’t a full marriage equality; it is only same-sex marriage.”
While acknowledging the progress made, Nada highlighted the absence of complete recognition for establishing families within the LGBTQ+ community. She lamented the missed opportunity to address this issue comprehensively, stating, “It is a shame that we didn’t go the full way.”
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