Thailand poised to become first Southeast Asian country to legalise same-sex marriage

In a landmark decision, the lower house of Thailand’s parliament overwhelmingly approved a marriage equality bill on March 27, 2024, bringing the country closer to becoming the first nation in Southeast Asia to legalise same-sex marriage. Should the bill be passed in the upper house, Thailand would be just the third Asian country to legalise gay marriage.

The legislation garnered support from 400 out of 415 lawmakers in attendance, with just 10 voting in opposition, reported news agency Reuters. 

Read more: It is crucial to prioritise unique healthcare needs of LGBTQIA+ community

Taiwan was the first Asian country to legalise same-sex marriage in 2019. More recently, Nepal became the first South Asian nation to formally recognise and register a same-sex marriage in November 2023, news agency Press Trust of India reported. 

On October 17, 2023, the Supreme Court of India had refused to grant legal recognition to same-sex marriages in the country. 

Several countries in Asia criminalise lesbian, gay, bisexual and transgender people —Myanmar, Bangladesh, Sri Lanka, Pakistan, Afghanistan, Turkmenistan, Uzbekistan, Syria, Iran, Iraq, Kuwait, Qatar, United Arab Emirates, Oman, Yemen, Saudi Arabia, Lebanon, Palestine, Papua New Guinea, Indonesia and Malaysia all criminalise some form of same-sex activities, according to United Kingdom-based registered charity Human Dignity Trust.

The Thai bill amends the Civil and Commercial Code of the country and proposes replacing gendered terms like “husband and wife” with gender-neutral language such as “spouses” and “individuals”, reported newspaper Business Standard.

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This change would pave the way for same-sex couples to enjoy the legal and social benefits associated with marriage, including inheritance rights, hospital visitation rights and joint adoption.

However, lawmakers declined to include the term “parent” alongside “father” and “mother” in the law, a decision criticised by activists who argue it could restrict the rights of certain LGBTQ+ couples to establish a family and raise children.

Thailand has long been considered an LGBTQ+ haven; Phuket, Thailand is often called the epicentre of all the transgender surgeries in the Asian world. According to Medical Tourism magazine, Thailand has earned a reputation as a pioneer in gender reassignment surgery. It is also considered one of the most LGBTQ+ friendly countries to travel to in Asia.

However, the road to marriage equality in Thailand has been a long one. Several bills proposing civil partnerships or same-sex marriage have been introduced in the last decade, but none have successfully navigated the legislative process.

In 2020, a Constitutional Court ruled that Thailand’s current law, which stipulates marriage being only between a man and a woman, was constitutional, news channel CNN reported.

Read more: Mauritius is the latest nation to decriminalise same-sex relations in a divided continent

However In December 2023, Thai lawmakers overwhelmingly approved four draft bills concerning same-sex marriage. The success of this latest bill can be attributed to its bipartisan support, the Reuters report said. Notably, both the ruling party and the main opposition party endorsed the legislation, reflecting a growing societal acceptance of LGBTQ+ rights in Thailand.

However, the journey isn’t over yet. The bill must now undergo a vetting process by the upper house of parliament, the Senate. While the outcome is generally considered positive, there is a possibility of revisions or delays.

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