Major step toward same sex marriage in Thailand

[Gaybutton]

Marriage equality bill poised for final push

While welcome, the milestone bill still needs some work as it makes its way through the Senate.

by Poramet Tangsathaporn

June 16, 2024

The Marriage Equality Bill is expected to pass the final round of Senate voting this month. The bill, which may take effect by the end of this year, will make Thailand the first country in Southeast Asia to support gender equality.

The government wants to assure LGBTQ+ communities that Thailand is a safe and welcoming destination for all, Prime Minister Srettha Thavisin said.

The bill, known as the Marriage Equality Bill (or the "Bill of Civil and Commercial Code Amendment") aims to amend marriage laws and other regulations related to marriage to ensure same-sex couples have the same rights as heterosexual couples.

How did the idea take hold?

The impetus behind the bill started in 2001 when Interior Minister Purachai Piamsomboon proposed a law allowing same-sex marriage.

"Is it time for Thailand to accept same-sex marriage? Now we should consider what suits Thai society and what we can tolerate," he said in April that year.

He gave examples of countries which had passed such a law, and Thailand should update its laws.

However, his idea was shot down by Thaksin Shinawatra, prime minister at that time, who said Thailand was not ready for the homosexual issue.

Many politicians also opposed the idea.

It was brought back during the administration of Gen Prayut Chan-o-cha in 2019 as a civil partnership bill.

In 2022, the House of Representatives approved a civil partnership bill and marriage equality bill but the measures were dropped when parliament was dissolved to pave the way for the general election on May 14, 2023.

In December last year, the lower house passed four marriage equality bills which were proposed by the cabinet, the Move Forward Party, the Democrat Party and the civil sector. The House committee was set up to consider the bills and drew on the bill proposed by the cabinet for most of the content.

On March 27, the House passed the marriage equality bill.

What is the case for such a law?

The law asserts that a family institution is a crucial social development unit and Thailand needs legislation to improve the standard of living for its citizens.

However, the Civil and Commercial Code restricts the formation of families to partnerships between men and women.

This is incompatible with the state of society today, observers say, when families comprise same-sex individuals and receive foster care equivalent to that of married men and women.

Some sections of the Civil and Commercial Code must be amended to enable same-sex couples to get engaged or married.

Married same-sex couples will have equal rights, obligations, and family status under the measure such as those of married men and women. The goal is to fortify familial bonds that are formed between people no matter what sex.

What is happening now?

The bill passed a first reading by the Senate on April 2 and is now in the process of being reviewed by a 27-member committee of the upper house.

The committee includes senators, civil society members and ministers. Senators are expected to vote on the bill again on June 18.

If the upper house rejects the bill, the lower house may call a new round of voting to pass the law without Senate approval.

The law is expected to take effect 120 days after it is published in the Royal Gazette following parliamentary approval and royal endorsement.

What are the key messages?

The bill will open marriage to people of the same sex and give them marriage rights under the same conditions as heterosexual couples.

They can also draw on other benefits including the right to adopt children, manage and inherit the assets of their spouses, the right to divorce, right to state welfare if their spouses are civil servants, and tax deductions.

They can have their marriage registered when they are 18 years old or above. However, if they are under 20, they need to have parental consent.

The bill uses gender-neutral terms for a married couple as "two individuals" instead of "a man and a woman," and their legal status is changed from "husband and wife" to "spouses."

Can foreigners get their marriage registered?

LGBTQ+ people from any country can register their marriage in Thailand or register with their Thai spouses. Foreign same-sex marriage couples will have the right to a spousal visa when the bill takes effect.

What can we expect?

When the law is enforced, it should create a better understanding among different groups, strengthen family institutions, empower children who are LGBTQ+ or living with LGBTQ+ families, ensure legal protections among LGBTQ+ families, and reinforce Thailand's role as LGBTQ+ rights supporters in the international community and highlighting government's intention to support their rights.

What needs to be improved?

Some sections of the bill still need to be changed. For example, Section 1453 says a woman can remarry after her husband dies or divorces after 310 days unless the woman gave birth during the period, remarries to the same spouse, has a medical certificate to show that she is not pregnant or an order by a court.

The amended bill still uses the words "woman" which refers to a biological woman and overlooks those who can bear children like a transman who can still give birth.

The law has not yet amended the words "father and mother" to indicate the parents of a child.

Civil groups suggest to use the word "first-level guardian" along with "father" or "mother" to refer to their couple in sections related to guardianship as it is a gender-neutral term to ensure the inclusive guardianship of all families.

There is also a need to change another related law involved with gender identity as transmen and transwomen are still called by their birth genders, not by their preferred gender.

https://www.bangkokpost.com/thailand/ge ... final-push

[Undaunted]

Senate approval of same sex marriage bill:
https://www.cnn.com/2024/06/18/asia/tha ... id=ios_app

[Jun]

Senate approval of same sex marriage bill:

Who's going to be the first board member to go down on one knee ?

[topjohn5]

This is great! However, this will be a financial disaster for some (maybe many) farang who are weak, hahahaha.

[Gaybutton]

farang who are weak

And/or naive. I hope those who do decide to get married do so for the right reasons.
________________________________

House passes same-sex marriage law

by Poramet Tangsathaporn

June 19, 2024

Thailand is set to become the first country in Southeast Asia to recognise same-sex marriage, with its marriage equality law passed in the Upper House on Tuesday and now on the way to being promulgated before it is due to take effect in the next few months.

LGBTQ+ advocates applauded as the Senate voted 130-4 to pass the law in its final reading with 18 abstentions. They described the development as a victory in their long fight for equal rights.

The advocates who gathered at parliament on Tuesday to monitor the Senate's final reading of the bill and vote burst out in cheers upon hearing the result.

They later headed to Government House where the government organised a celebratory event for them later in the day. Afterwards, they went to the Bangkok Art and Culture Centre where festivities continued into the night.

At Government House, Prime Minister Srettha Thavisin -- who has Covid-19 and is on sick leave -- congratulated them via a Zoom call.

The new law will allow any two individuals who are 18 years old or older to register their marriage and receive the same benefits and rights as heterosexual couples. The bill uses gender-neutral terms for a married couple as "two individuals" instead of "a man and a woman," and their legal status is changed from "husband and wife" to "spouses."

LGBTQ+ people from any country can register their marriage in Thailand. Foreign same-sex marriage couples will have the right to a spousal visa when the bill takes effect.

The bill will be forwarded to the cabinet and then submitted for royal endorsement.

It will take effect within 120 days of being published in the Royal Gazette, making Thailand the third country in Asia to recognise same-sex marriages after Nepal and Taiwan.

Senator Kamnoon Sidhisamarn, in his capacity as spokesman for the Senate's special committee vetting the draft law, described it as a victory for equal rights advocates.

"There is no reason for the Upper House to disagree with the judgement made by the House of Representatives," he said. He was referring to the Lower House's passing of the legislation before it was forwarded to the Senate for review.

The push for a same-sex marriage law started 23 years ago. Passage of the law on Tuesday marked a new chapter in Thailand's history, said Tunyawaj Kamolwongwat, a Move Forward Party list-MP.

https://www.bangkokpost.com/thailand/ge ... rriage-law
___________________________________________

Thai Senate Passes Historic Same-Sex Marriage Bill

By Goongnang Suksawat

June 18, 2024

Thailand’s Senate voted overwhelmingly on Tuesday to approve a historic same-sex marriage bill, officially making Thailand the first nation in Southeast Asia to legalize same-sex unions.

The bill passed with a vote of 130 in favor, 4 against, and 18 abstentions from the upper house today, June 18th. After this, it will be transferred to the palace to receive the royal endorsement by His Majesty King Maha Vajiralongkorn.

The new legislation, which amends the Civil and Commercial Code, will allow same-sex couples to register their marriages and have the same legal rights and protections as opposite-sex couples, such as inheritance, healthcare consent, and child adoption.

The law will come into force 120 days after it is published in the royal gazette.

https://tpnnational.com/2024/06/18/thai ... iage-bill/

[Dodger]

Inheritance and Healthcare Consent are the only real advantages that Jai and I see to being legally married. If it weren't for these benefits we would have no need or burning desire to wed - as we get along just fine without a document saying we're a couple.

Some may see this as a major step forward for the LGBTQ community - but I don't. "Marriage" as an institution is basically a failure due to the high divorce rate in most countries (>30%). As someone with an engineering background - any test that was conducted to determine if a process was capable or not that exhibited a failure rate of over 30% would be deemed an "incapable process". I know because I've contributed to that failure rate with two failed marriages in the earlier chapters of my book.

I imagine for those gay couples who want to adopt a child this is definitely good news. Other than that I seriously doubt that you'll see enormous lines of people wanting to get married. I could be wrong - but I just don't see it.

Word of advice: Don't run out and marry #12 from the local gogo bar unless you live on the ground floor...

[Gaybutton]

Inheritance and Healthcare Consent are the only real advantages that Jai and I see to being legally married.

If you see it as an advantage, there is also the "Spousal Visa" - https://www.siam-legal.com/thailand-vis ... e-Visa.php

And for those who are keeping 800,000 baht in a Thai bank account for retirement visa purposes, now the requirement changes to 400,000 baht. For those using the 65,000 baht requirement for the retirement visa, now that changes to 40,000 baht.

The money requirement rules make no sense to me. Doesn't it usually end up being more expensive to be married? And if 400,000 is ok if you're married, then why isn't the same amount ok if you are single?

[Daleinpattaya]

Thailand’s Legislature Approves Same-Sex Marriage

https://www.nytimes.com/2024/06/18/worl ... -vote.html

The bill, which needs the king’s endorsement to become law, underscores Thailand’s status as a relative haven in Asia for L.G.B.T.Q. people.V


Lawmakers in Thailand voted on Tuesday to approve a marriage equality bill, a move that puts the country on a clear path to becoming the first in Southeast Asia to legalize same-sex marriage.
Thailand’s Senate passed the bill by 130 votes to 4, with some abstentions, on Tuesday afternoon. It was approved by the House of Representatives in March. The legislation would become law after it is reviewed by a Senate committee and the Constitutional Court and receives royal assent from the king, a formality that is widely expected to be granted.
“After 20 years of trying to legalize this matter,” the activist Plaifa Kyoka Shodladd, 18, said in the Senate chamber after the vote, “finally, love wins.”
The bill’s passage underscores Thailand’s status as a relative haven for gay couples in Asia. Only Taiwan and Nepal have legalized same-sex marriage.

While India came close to doing so last year, the Supreme Court deferred the decision to Parliament. Prime Minister Narendra Modi has spoken strongly against legalizing gay marriage.
In some Asian countries, gay sex is a criminal offense. Indonesia, where gay marriage is illegal, made extramarital sex illegal in 2022. In 2019, Brunei made gay sex punishable with death by stoning. It later said it would not carry out executions, after widespread international protest.
After the bill’s passage, hundreds of supporters gathered in downtown Bangkok to celebrate the milestone despite the punishing heat, waving flags and throwing colorful balloons at a Pride rally.
A parade began with the explosive bang of a firecracker and confetti flying in the air. Gloria Gaynor’s “I Will Survive” played at the rally, as well as a ’90s-style Thai pop song called “History,” with the lyrics: “History won’t repeat anymore, history’s about to change its course, change toward equality.”
Prime Minister Srettha Thavisin said he would host a celebration for activists on Tuesday evening, though he said he could not attend the event because of a Covid infection.

Supporters like Mookdapa Yangyuenpradorn, an activist with the Southeast Asia-based human rights group Fortify Rights, also called on the authorities to act swiftly in enforcing the legislation once it goes into effect 120 days after it is endorsed by the king.
Critics like Gen. Worapong Sanga-Nate, a senator, said that legalizing same-sex marriage would undermine the institution of the family and cause logistical challenges in the Ministry of Interior.
Thailand’s bill, which amends the country’s Civil and Commercial Code, calls marriage a partnership between two people age 18 and above, without specifying their gender. It also gives L.G.B.T.Q. couples equal rights to adopt children, claim tax allowances, inherit property and give consent for medical treatment when their partners are incapacitated.
The bill has been contentious since its first version was introduced over 20 years ago. While Thailand is one of the most open places in the world for gay couples, it is socially conservative in other ways. In February, lawmakers dismissed a proposal to let people change genders on official documents.
But a majority of the Thai public supports the marriage equality bill. Last year, 60 percent of adults in Thailand said they supported legalizing same-sex marriage in a survey by the Pew Research Center.