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LGBTQ Marriage Equality Bill, Cabinet Greenlights Thailand
30/11/2023
Thailand’s Cabinet has taken a historic step by approving a bill to legalize LGBTQ marriage. This progressive move aims to provide equal rights and recognition to same-sex couples, making Thailand the first country in Southeast Asia to embrace marriage equality.
The bill is expected to be presented to Parliament for further consideration in December 2023. In this blog post we will explore the proposed amendment and the effect it will have on the LGBTQ+ community. Source: reuters
Key points
- Thailand’s Cabinet has approved an amendment to the Civil and Commercial code, legalizing same-sex marriages and embracing marriage equality in Southeast Asia.
- Currently LGBTQ+ couples cannot get married or take advantage of any of the protections spouses receive.
- The proposed amendment to Thailand’s Civil and Commercial Code will replace traditional marriage definitions with more inclusive language.
- The amendment also grants LGBTQ+ couples the right to establish families, designate partners as estate executors, and provides avenues for foreign partners to reside in Thailand.
What is the current status of LGBTQ+ relationships in Thailand?
Thailand boasts one of Asia’s most prominent and openly visible lesbian, gay, bisexual, and transgender (LGBTQ+) communities. Despite this, there exists a noticeable gap between the societal acceptance of LGBTQ+ individuals and the prevailing legal and traditional frameworks. It is argued that Thai laws, along with traditional institutions, have not fully evolved to align with shifting social attitudes, resulting in persistent discrimination against LGBTQ+ individuals and same-sex couples.
Moreover, it should be noted that currently, LGBTQ+ couples in Thailand face a lack of legal recognition, particularly in relation to marriage. The existing legal framework does not extend equal marriage rights and benefits to same-sex couples, thereby perpetuating inequities in areas such as spousal rights, inheritance, and various legal privileges.
What Does the Amendment Do?
The proposed amendment to Thailand’s Civil and Commercial Code seeks to modify existing definitions of marriage, substituting the terms “men and women” and “husband and wife” with more inclusive language such as “individuals” and “marriage partners.” This significant change grants LGBTQ+ couples the same legal rights and benefits enjoyed by heterosexual couples. It ensures that same-sex couples can form families and have their relationships recognized by the law.
The new government has made marriage equality a priority since assuming office in August. During their election campaign, the party pledged to champion the rights of the LGBTQ+ community and work towards achieving marriage equality. With the approval of this bill by the Cabinet, the government has taken a significant step towards fulfilling its promise.
How Does the Amendment Ensure Equal Rights and Protection??
As well as allowing members of LGBTQ+ to get married, the proposed amendment to the Civil and Commercial Code will grant LGBTQ+ couples the ability to establish families, designate partners as estate executors, and provide a pathway for foreign partners to reside in Thailand.
Will LGBTQ+ Couples Married Abroad Have Rights in Thailand?
As of the time of writing, there is currently no provision in Thai law that recognizes marriages between same-sex couples, even if they are legally married in another country. However, should the amendment to the Civil and Commercial code be enacted, in principle, individuals who have entered into lawful marriages abroad would likely see their unions acknowledged under Thai law. Therefore, this recognition could grant them the eligibility to apply for a marriage or dependent visa for Thailand.
What are the next steps?
Currently, the proposed amendment has been approved by Thailand’s cabinet. The next step will be for the draft amendment to be submitted to Parliament next month. If the amendment receives approval from Parliament, the bill will be sent to the King for signature and then published in the Royal Gazette, becoming law.
Our team of experts will keep a close eye and follow any developments related to this law closely. We will keep you up to date with any further developments or news as to when the law will come into effect.
How can Belaws help?
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Frequently asked questions
Is same-sex marriage legal in Thailand?
No, same-sex marriage is not currently legal in Thailand. However, the Thai government has approved a bill that would legalize same-sex marriage. The bill is still pending approval from Parliament.
What are the benefits of legalizing same-sex marriage in Thailand?
Legalizing same-sex marriage would give LGBTQ+ couples the same legal rights and benefits as heterosexual couples, including the right to inherit property, make medical decisions for each other, and adopt children.
What are the chances that the bill legalizing same-sex marriage will be passed by Parliament?
The bill is supported by the ruling party, so it is likely to pass. However, there is some opposition from conservative groups.
What are the next steps in the process of legalizing same-sex marriage in Thailand?
The bill will now be sent to Parliament for debate and a vote. If the bill is passed, it will then be sent to the King for his signature. If the King signs the bill, it will become law.
When will same-sex marriage become legal in Thailand?
It is difficult to say for sure when same-sex marriage will become legal in Thailand. However, it is possible that it could become legal as early as 2024.
What are the current protections for LGBTQ+ couples in Thailand?
There are currently no legal protections for LGBTQ+ couples in Thailand. Same-sex couples cannot get married or take advantage of any of the protections that spouses receive.
What are the arguments against legalizing same-sex marriage in Thailand?
Some people argue that legalizing same-sex marriage would undermine traditional Thai values. Others argue that it would lead to an increase in divorce rates.
How have LGBTQ+ rights advocates responded to the proposed amendment?
LGBTQ+ rights advocates have welcomed the proposed amendment. They say that it is a long-overdue step towards equality.
What impact will the legalization of same-sex marriage have on Thai society?
The legalization of same-sex marriage would be a major victory for LGBTQ+ rights in Thailand. It would also send a message to the world that Thailand is a progressive and tolerant country.
What are the next steps for LGBTQ+ rights advocates in Thailand?
LGBTQ+ rights advocates will continue to push for further reforms, such as anti-discrimination laws and gender recognition laws.
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