Thailand is poised to make a historic leap in LGBTQ+ rights with the approval of an equality bill by Prime Minister Srettha Thavisin, aimed at legalizing same-sex marriage. This bill is set to be brought to parliament on December 12, reflecting a significant shift in the country’s stance towards LGBTQ+ inclusivity.
The journey to this moment has been complex and challenging. In 2022, Thailand’s parliament debated four laws, including one for same-sex marriage equality, but failed to reach a final vote. The ruling Pheu Thai Party and its rivals made marriage equality a central goal in the lead-up to the May 2023 elections, indicating a growing political will to address this issue.
Thailand’s history with LGBTQ+ rights has seen both progress and setbacks. Gay sex was decriminalized in 1956, but social stigma persisted for a long time. It was only in the 1990s and early 2000s that significant strides were made in public opinion and policy changes. Key milestones include the 1997 Penal Code Amendment Act, setting a uniform age of consent, and the 2002 decision by the Ministry of Health to stop classifying homosexuality as a mental illness. Further advancements in the mid-2000s included anti-discrimination laws covering sexual orientation and gender identity.
However, Bangkok’s reputation as a gay-friendly city contrasted with ongoing inequalities faced by the LGBTQ+ community. Thailand has not recognized same-sex marriages or civil unions, and a 2021 constitutional court ruling stated that marriage could only be between a man and a woman, citing reproduction as a key factor. This verdict faced heavy criticism for being dehumanizing and homophobic.
The 2022 parliamentary session introduced bills for civil partnerships, a separate category from marriage, but these failed to pass before the session ended. However, in a positive development, Bangkok’s Dusit district started issuing same-sex partnership certificates in February 2023, a symbolic yet legally non-binding gesture.
The current draft law, if passed by Parliament and receiving royal assent, would position Thailand as the third country in Asia, after Taiwan and Nepal, to legally recognize same-sex marriage. This potential legalization marks a significant milestone in the country’s journey towards LGBTQ+ equality and reflects the changing attitudes and policies towards the LGBTQ+ community in Thailand.