Thailand: Bill legalising same sex marriage passed by the senate

On 18 June 2024, the Thai senate passed the Marriage Equality Bill. If granted royal endorsement, the Bill will change the definition of marriage to a partnership between two individuals, rather than between a man and woman. In additional to legalising same-sex marriages, this will give LGBTQ+ couples equal rights to marital tax savings, property inheritance, and the ability to give consent for medical treatment for partners who are incapacitated. While the passing of the Bill is certainly a positive development, commentators have highlighted that it does not realise full equality for same-sex couples. In references to family units, the Bill does not amend the gendered terms “mother” and “father” to the gender-neutral term “parents,” as some LGBTQ+ advocates had argued for.

The passing of the Bill follows the 2021 ruling in the Thai Constitutional Court which, although ultimately finding that the existing matrimonial law was constitutional, recommended that it be expanded to ensure minorities’ rights. Once the Bill takes effect, Thailand will become the third Asian jurisdiction, after Nepal and Taiwan, to legalise same-sex marriage, and the first South Asian country to do so. Thailand is recognised as one of Asia’s most LGBTQ+ friendly nations, with other laws already in place that prohibit discrimination based on gender identity and sexual orientation.

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