After more than two decades of advocacy, the Bill to amend the Civil and Commercial Code (Amendment Act No. ...), B.E. ...., also known as the "Marriage Equality Bill," was passed in its third reading by the Senate on June 18th, 2024. This historic legislation not only represents a "victory for justice and human rights" for LGBTQ+ individuals in Thailand, affirming their legal right to form families, but it also makes Thailand the first country in Southeast Asia to legalize same-sex marriage. The law is set to come into effect within 180 days, approximately in October 2024.
In this last installment of "Law in Pride Month" by the School of Law at the University of Phayao, we will be providing a summary of the key provisions of the Marriage Equality Law. This law marks a significant milestone in the advancement of LGBTQ+ rights in Thailand, and we will also delve into other legal research on the protection of LGBTQ+ rights and gender equality, as well as potential future legislative proposals.
Key Provisions of the Marriage Equality Law
The Marriage Equality Act primarily amends Book 5 of the Civil and Commercial Code (CCC) on marriage, modifying gender-specific terms to make them inclusive of all individuals, regardless of gender identity. Additionally, changes were made to Book 1 (General Principles) regarding spousal domicile and limitation periods for claims between spouses, as well as minor amendments to Book 6 on inheritance.
The transition from traditional marriage laws to marriage equality has brought about three main amendments.
1. Replacing gender-specific terms with gender-neutral language:
The law replaces gender-specific terms like “man-woman” with “persons,” and “fiancé-fiancée” with “betrothed persons” in engagement laws. Additionally, “husband-wife” is changed to “spouses.” These changes ensure that engagement and marriage rights are accessible to all individuals, regardless of gender or sexual orientation.
2. Raising the minimum age for engagement and marriage from 17 to 18 years:
The legal age for engagement and marriage is now set at 18, aligning with the UN Convention on the Rights of the Child, which defines a child as anyone under 18. However, the law still allows exceptions, permitting a court to authorize marriage before this age under special circumstances.
3. Adjustments to Grounds for Divorce and Compensation Rules:
The amendments expand the definition of adultery to include “acts or consent to acts for sexual gratification,” recognizing same-sex relationships in divorce cases. This addresses past court rulings that limited adultery to male-female intercourse. Additionally, the term for compensation claims against extramarital partners changes from “paramour” (implying heterosexual relationships) to a gender-neutral term, ensuring inclusivity in legal proceedings.
While the Marriage Equality Law has been passed, additional legal amendments will be required to address other family-related rights for LGBTQ+ individuals. One major unresolved issue is the terminology for "father and mother" in the Civil and Commercial Code concerning parental rights. Some legislators argue that replacing "father and mother" with a gender-neutral term like "primary parents" (similar to the English term "parent") could have broader legal implications, so this issue has been set aside for future legislative consideration.
Future Legal Developments on Gender Equality and LGBTQ+ Rights
Beyond marriage and family rights, legal recognition of gender identity remains a significant issue. Thailand currently lacks laws that explicitly protect or recognize gender identity for transgender, intersex, and non-binary individuals, who often face legal discrimination.
Several draft laws have been proposed to address gender identity recognition, including:
1. Gender Identity Recognition and Expression Bill (GEN-ACT)
2. Gender Recognition Bill, proposed by the Department of Women's Affairs and Family Development and Ministry of Social Development and Human Security.
3. Gender Recognition and Title Bill, proposed by the Move Forward Party
The Gender Recognition Bill introduces important provisions regarding gender identity recognition. It establishes a minimum age requirement for registering one's gender identity and includes regulations for the use of honorific titles, allowing individuals to choose titles that align with their gender identity. The bill also grants legal recognition to intersex individuals or those with variations in sex characteristics. Furthermore, it addresses the rights and responsibilities of individuals who have undergone gender recognition, such as whether a transgender woman (assigned male at birth) who wishes to use a female honorific title must still fulfill military conscription duties or comply with other gender-specific legal obligations.
While different drafts of the bill may vary in detail, the core principle remains the same: individuals should have the legal right to self-identify their gender identity without being coerced by medical professionals or external decision-making. This aligns with the Yogyakarta Principles and Yogyakarta Principles +10 (YP+10), which emphasize the importance of voluntary gender recognition based on informed consent.
The Academic Perspective
Scholars have extensively researched different aspects of legal gender recognition, and those who are interested can find additional studies listed at the end of this year's Pride Month Legal Article.
The journey towards achieving legal equality for gender-diverse individuals is ongoing, but progress is being made towards creating a more just society where the rights of all individuals are respected. While Pride Month may come to a close, the principles of equality and human dignity must be upheld every day.
Article by Miss Piyaorn Plianpadoong, Assistant Dean for Learning Innovation and Organizational Communication, School of Law, University of Phayao.
Recommended Readings on Gender Identity Recognition Laws
1. Summary of the Draft Gender Identity Recognition Act: https://www.facebook.com/messages/t/1643093059310211
2. Legal Recognition of Gender Identity in Thailand: A Review of Laws and Policies: https://www.undp.org/sites/g/files/zskgke326/files/migration/th/a25677aa2436e514f812698dae1242a285922bb5cc8feb1fde38d6e860adff92.pdf
3. Legal Knowledge Series No. 48: "Draft Gender Identity Recognition Bill": https://shorturl.at/kFQiT
4. Analysis of Gender Identity Recognition Proposals from Three Bills: https://www.ilaw.or.th/articles/6232
5. Comparative Study on Gender Identity Recognition in Thailand and International Law: https://so06.tci-thaijo.org/index.php/SLJ/article/download/259918/175399/987529
References
1. Special Committee Report on the Marriage Equality Bill, House of Representatives.
2. Chaiyapat Thamachutinan, (2024). "Marriage Equality: A Milestone for Thai Family Law." World 101. https://www.the101.world/marriage-equality-bill/
3. Pipatpong, (2024). "Summary of Marriage Equality: Status, Support, and Implications." Workpoint Today. https://workpointtoday.com/lgbt-221124/
4. Sarah Newey, (2024). "Thailand Approves Landmark Same-Sex Marriage Equality Law." The Telegraph. https://www.telegraph.co.uk/global-health/climate-and-people/thailand-approves-landmark-same-sex-marriage-equality-law/
5. Editorial Team, (2024). "The 23-Year Journey to Marriage Equality for All Genders." Thairath Plus. https://plus.thairath.co.th/topic/politics&society/104318
6. BBC Thai, (2024). "Thai Senate Passes Marriage Equality Law, Making Thailand the First in ASEAN." BBC News Thai. https://www.bbc.com/thai/articles/c4nnjd5v2zgo
7. Kanmon Tamwiroj, (2024). "Is Marriage Equality Enough? The Ongoing Fight for Family Rights." Thairath Plus. https://plus.thairath.co.th/topic/politics&society/104340