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Recognition of same-sex unions in Thailand

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Marriage

Recognized

Civil unions and
registered partnerships
Minimal recognition
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Notes
  1. KoN: Performed in the Netherlands proper, including the Caribbean Netherlands. Registered in Aruba, Curaçao and Sint Maarten in such cases, but the rights of marriage are not guaranteed.
  2. NZ: Neither performed nor recognized in Niue, Tokelau, or the Cook Islands.
  3. UK: Neither performed nor recognized in six British Overseas Territories.
  4. US: Neither performed nor recognized in some tribal nations. Recognized but not performed in several other tribal nations and American Samoa.
  5. Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
  6. EU: The Coman v. Romania ruling of the European Court of Justice obliges the state to provide residency rights for the foreign spouses of EU citizens. Some member states, including Romania, do not follow the ruling.
  7. Cambodia: Recognition of a "declaration of family relationship", which may be useful in matters such as housing, but they are not legally binding.
  8. China: Guardianship agreements, conferring some limited legal benefits, including decisions about medical and personal care.
  9. HK: Inheritance, guardianship rights, and residency rights for foreign spouses of legal residents.
  10. India: Courts have recognised guru–shishya, nata pratha or maitri karar–type contractual relationships, but they are not legally binding.
  11. Japan: Some cities and prefectures issue partnership certificates, but they are not legally binding.
  12. Namibia: Marriages conducted abroad between a Namibian national and a foreign spouse recognized for residency rights.
  13. Romania: Hospital visitation rights through a "legal representative" status.
* Not yet in effect
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Thailand will soon recognise same-sex marriage. The Act to Amend the Civil and Commercial Code (Marriage Equality Act) passed both houses of Parliament, and will come into effect 120 days after publication in the Royal Gazette which follows the granting of royal assent.[1] Thailand previously did not recognise any form of same-sex unions.[2][3] Several bills for civil partnerships and same-sex marriage had previously been introduced by the Cabinet but failed to pass Parliament.

New same-sex marriage legislation supported by the government and major opposition parties was introduced in November 2023. It was passed by the House of Representatives by 400 to 10 on 27 March 2024, and the Senate by 130 to 4 on 18 June 2024.[4] It now requires royal assent from King Rama X.[5][6][7][8] The amendment to the Civil and Commercial Code replaces the terms "men and women" and "husband and wife" with the words "individuals" and "spouses". The law also allows same-sex couples to jointly adopt children.[9] It will become the first Southeast Asian country and the third Asian country to legalise same-sex marriage after Taiwan and Nepal.[10][11][12]

Registration of same-sex unions[edit]

In December 2012, the Government formed a committee to draft legislation providing legal recognition for same-sex couples in the form of civil partnerships.[13] On 8 February 2013, the Rights and Liberties Protection Department and the Parliament's Committee on Legal Affairs, Justice, and Human Rights held a first public hearing on the civil partnership bill, drafted by the committee's chairman, Police General Viroon Phuensaen.[14]

By 2014, the civil partnership bill had bipartisan support, but was stalled due to political unrest in the country.[15] In the second half of 2014, reports emerged that a draft bill called the "Civil Partnership Act" would be submitted to the junta-appointed Thai Parliament. It would give couples some of the rights of heterosexual marriage, but was criticized for increasing the minimum age from 17 to 20 and omitting adoption rights.[16]

In 2017, Thai government officials responded favourably to a petition signed by 60,000 people calling for civil partnerships for same-sex couples. Pitikan Sithidej, director-general of the Rights and Liberties Protection Department at the Justice Ministry, confirmed she had received the petition and would do all she could to get it passed as soon as possible.[17] The Justice Ministry convened on 4 May 2018 to begin discussions on a draft civil partnership bill, titled the "Same Sex Life Partnership Registration Bill". Under the proposal, same-sex couples would be able to register themselves as "life partners" and will be granted some of the rights of marriage.[18][19][20] The bill was discussed in public hearings between 12 and 16 November, where a reported 98% expressed support for the measure.[21][22] On 25 December 2018, the Cabinet approved the bill.[23][24][25]

On 8 July 2020, the Cabinet approved a new draft of the bill and was introduced in the National Assembly.[26][27] However, it did not pass before the end of the year.

On 14 February 2023, Bangkok's Dusit district became the first jurisdiction in Thailand to issue partnership certificates, which are legally non-binding, to same-sex couples.[28]

Same-sex marriage[edit]

A sign reading "สมรสเท่าเทียม" (Thai for "equal marriage"; a recurring slogan calling for same-sex marriage legalisation in Thailand) at Bangkok Pride 2022

In September 2011, the National Human Rights Commission (NHRC) and the Sexual Diversity Network, an NGO, proposed draft legislation on same-sex marriage and sought the Thai Government's support for the law.[29][30]

In September 2013, the Bangkok Post reported that an attempt in 2011 by Natee Teerarojjanapong, president of the Gay Political Group of Thailand, to register a marriage certificate with his male partner had been rejected.[31]

Litigation[edit]

"Marriage is when a man and a woman are willing to live together, to build a husband and wife relationship to reproduce their offspring, under the morals, traditions, religion and the laws of each society. Marriage is, therefore, reserved for only a man and a woman."

-A Constitutional Court judge, 2021

In 2021, the Constitutional Court ruled that Section 1448 of the Civil and Commercial Code defining marriages as only being between women and men is constitutional. At one point in the full ruling, the Court stated that gay couples "cannot reproduce, as it is against nature, and that people of those communities are no different to other animals with strange behaviours or physical features". The verdict cites LGBT people as a different "species" that needs to be separated and studied as they are incapable of creating the "delicate bond" of human relationships.[32] The text was criticised by LGBT activists as sexist and demeaning.[33]

Marriage Equality Act[edit]

In June 2020, Move Forward Party deputy Tunyawat Kamolwongwat introduced a bill to legalise same-sex marriage.[34] The public consultation on the bill was launched on 2 July.[35][36]

In 2022, a group of bills concerning same-sex unions passed their first readings in Parliament. These include the Marriage Equality Bill proposed by the opposition Move Forward Party, which would amend the current marriage law to include couples of any gender, and the government-proposed Civil Partnership Bill, which would instead introduce civil partnerships as a separate category, granting some but not all rights given to married couples.[37][38][39] Despite several amendments, neither bill passed Parliament before it dissolved for the 2023 Thai general election.

In November 2023 Prime Minister Srettha Thavisin of the Pheu Thai Party announced that his Cabinet had approved a draft same-sex marriage law,[40] which Parliament began to debate on 21 December 2023.[41] Besides the government's version of the draft bill, three additional versions by the Move Forward Party, the Democrat Party and the civil sector were considered.[42][43] All four bills passed overwhelmingly at 369 to 10,[44] with the House of Representatives approving the formation of an ad-hoc committee to combine the four drafts into one over 15 days pending further debate expected in 2024.[45]

On 27 March 2024, the House of Representatives overwhelmingly passed the draft law by 400 to 10 on its third reading, with two abstentions and three not voting.[6] It must now be passed by the Senate.[46]

On 2 April 2024, the Senate approved the first reading of the draft law by 147 to 4. The draft law must be passed by two more Senate votes.[47][48]

On 29 May 2024, the chair of the marriage equality parliamentary committee announced the Senate is expected to hold an ad-hoc parliamentary session on 18 June 2024 to vote on the bill.[49][50]

On 18 June 2024, the bill was approved by the Senate without amendment therefore requiring no further actions from the House of Representatives.[51] The law will come into force 120 days after publication in the Royal Gazette after having been granted royal assent.[52]

Public opinion[edit]

Laws regarding homosexuality in Asia
Same-sex sexual activity legal
  Marriage performed
  Marriage recognized
  Other type of partnership
  Legislation or binding domestic court ruling establishing same-sex marriage, but no supporting legislation has been passed
  Legal guardianships or unregistered cohabitation
  Limited foreign recognition (residency rights)
  No recognition of same-sex couples
  Restrictions on freedom of expression
Same-sex sexual activity illegal
  Prison but not enforced
  Prison
  Death penalty on books, but not enforced
  Enforced death penalty

Thai opinion polls have consistently favoured legal recognition of same-sex marriages.[53][54][55]

According to a 2019 YouGov poll of 1,025 respondents, 63% of Thais supported the legalisation of same-sex romantic partnerships, with 11% against and 27% preferring not to answer. 69% of people aged 18 to 34 supported civil partnerships, with 10% opposed. Legalisation was supported by 56% of those aged between 35 and 54 (33% opposed), and 55% of those aged 55 and over (13% opposed). 66% of those with university degrees were in favour (10% opposed), and 57% of those without university degrees (12% opposed). 68% of those with a high income supported civil partnerships (7% opposed), and 55% of those with a low income (13% opposed). 68% of women responded in favour (7% opposed), and 57% of men (14% opposed).[56]

According to a 2022 poll by the National Institute of Development Administration (NIDA), 93% of Thais accepted LGBT friends or colleagues, 91% would accept an LGBT person as a family member, and 80% supported same-sex marriage.[57]

According to Deputy Prime Minister Somsak Thepsuthin, a government survey conducted between 31 October and 14 November in 2023 showed that 96.6% of Thai public supported the same-sex marriage bill.[58][59]

See also[edit]

References[edit]

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