Thailand has moved significantly closer to achieving marriage equality following the lower house's approval of a bill that grants legal recognition to same-sex marriages.
The bill, which still requires approval from the Senate and royal endorsement to become law, is anticipated to be fully enacted by the end of 2024.
This would make Thailand the first Southeast Asian country to recognise same-sex unions, solidifying its reputation as a relative haven for LGBTQ+ couples in a region where such attitudes are uncommon.
The legislation, passed by an overwhelming majority of 400 out of 415 lawmakers present, redefines marriage as a partnership between two individuals, rather than between a man and a woman.
It grants LGBTQ+ couples equal rights, including access to marital tax savings, inheritance of property and the ability to give medical consent for incapacitated partners.
The new legislation replaces terms like “men,” “women,” “husbands,” and “wives” with gender-neutral language such as “spouse” and “person.”
The rights provided by the legislation will extend to transgender individuals, although they will continue to be legally recognised by their sex assigned at birth, according to campaigners. Activists are advocating for a gender recognition law in Thailand to address this issue.
Same Sex Marriage in Thailand
So why hasn't Thailand historically allowed same-sex couples to marry?
Well, like much of Thai law, marriage law is somewhat behind the times. On the existing marriage registration form, your partner is required to be a different sex. It is this simple boundary that prevents two people of the same sex getting married.
Indeed, in 2019 a same-sex female couple were turned away from a marriage registration office because they could not fulfill the requirement on the form (1).
A growing number of people see this as a violation of constitutional rights, which protect Thai people against discrimination of all kinds, including gender.
When the new bill officially becomes law, same sex couples will gain rights of marriage, notably property and inheritance rights, and the power to make medical decisions for each other in emergencies.
Whether or not this will extend to marriage between foreign nationals is unclear.
While the Bill has been well received, there has been some opposition from those who argue that having a separate law for same-sex marriage lays the foundation for long-term discrimination against same-sex couples.
The most recent version of the Bill does not accord gay couples the right to their partners' pensions or income tax benefits, unlike heterosexual married couples. It also does not address the right to adopt children, or to have children through surrogacy arrangements.
A Compromise for Now: A Traditional Ceremony
If you are in a same-sex partnership and thinking about getting married in Thailand, you will have to wait until the law is officially changed, which is expected to happen by the end of 2024.
In the meantime, you have a couple of options. You can have a traditional Buddhist marriage ceremony in Thailand, which is a beautiful and culturally rich way to celebrate your union, though it won't have legal recognition until the law is enacted. After the ceremony, you could return to your home country to officially register your marriage if same-sex marriage is recognised there.
Alternatively, you could have the traditional ceremony first and then wait until the law is passed to be able to sign marriage papers at a local district office in Thailand. This way, you can enjoy both the cultural and legal aspects of your marriage within Thailand, fully benefiting from the new rights and protections that will be granted once the legislation is in effect.
Concerns Over Prejudice
Aside from the current marriage law, you needn't have any worries about homophobia or discrimination against LGBTQ+ persons in Thailand.
In my experience in Thailand over the last 14 years, I have to say that I have never heard a Thai person being homophobic or speaking in a derogatory manner about a transgender person.
Don't get me wrong, such people do exist, as they do in every society, but it is probably more concentrated in the more conservative, rural areas of the country.
That being said, I have been to stay in rural areas for long periods of time and come across transgender persons and outwardly gay persons working in shops and living their lives as freely as everyone else, with seemingly no discrimination.
The only thing you have to consider when on holiday is that public displays of affection are generally frowned upon, heterosexual or otherwise.
Couples hold hands and steal the odd sniff kiss here and there, and friends will sometimes hug when they greet, but being overly touchy-feely or shoving your tongues down each other's throats in public is generally considered ill-mannered and inconsiderate of conservative Thai culture.
So, despite its reputation for red light areas in tourist towns, Thailand is still somewhat prudish when it comes to affection.