Thailand has become the first country in south Asia to legalise same- sex marriage. What does the bill entails? We explain.
Waaddao Chumaporn and Siritata Ninlapruek Reaction :
Waaddao Chumaporn, 40, and Siritata Ninlapruek, 45, react after the passing of the marriage equality bill in its first reading by the Senate, which will effectively make Thailand Asia’s third territory to legalise same-sex unions, in Bangkok, Thailand, April 2, 2024. REUTERS/Chalinee Thirasupa.
The Thai Senate, the upper house of Thiland’s National Assembly, passed the marriage Equality Bill on Tuesday (June 18) , with a hundred and thrity senators voting in its favour, 18 abstaining, and only four voting against.
This puts Thailand on the verge of becoming the first country in Southeast Asia, and third in Asia after Nepal and Taiwan to legalise same-sex marriage. The Bill now awaits the formal endorsement of Thai monarch King Rama X. This is expected to take place imminently.
The lower house of the National Assembly had nearly unanimously approved the bill on March 26, with only of the sitting 415 legislators voting against it.
The Bill : The new legislation changes references to “men”,”women”,”husbands” and “wives’ in the Thai marriage laws to gender-neutral terms such as “spouse” and “person”. This means that two persons can marry each other, regardless of their gender.
It also grants same- sex couples the same rights as heterosexual couples in ares such as adoption, inheritance, and tax benefits. LGBTQ+ couples effectively possess the same legal powers as their heterosexual counterparts in case of legal incapacitation, form being able to access bank accounts to providing consent for medical treatment.
Positive reception:
A major victory for Thailand’s LGBTQ+ population, the Bill’s cross- party support reflect Thai society’s largely positive opinios on LGBTQ+ right and same-sex marriage . A 2022 poll by Thailand’s National Institute of Development Administration found 91% of respondents to be ‘tolerant’ towards LGTBQ+ family members and 80+ in favous of same-sex marriage.
In fact, Thailand has had a long history of gender and sexual diversity, even though legal rights for LGBTQ+ individuals have been lacking. The recent push towards legal recognition may be attributed to increased media representation, activism, and advocacy efforts, which have forged political support for the issue.
After the Bills’s passage in the Senate, Thai prime Minister Srettha Thavisin, who has been a vocal supporter of the LGBTQ community and marriage equality, said that he will open his official residence to activists and supporters for celebrations.
Situation in rest of Asia, world :
Apart form Thailand, Taiwan, and Nepal, other Asian countries do not fare well when it comes to marriage equlity and LGBTQ+rights.
Last October, a five- judge Bence of the Supreme Court of India refused to alter the Special Marriage Act (SMA) of 1954 to give legal recognition to same-sex marriage, putting the onus on parliament to legislate marriage equality. Thus far there has been next to know political backing of the move.
In fact, at least 20 Asian countries outlaw same-sex sexual activity, with Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the UAE and Yemen, even prescribing the death penalty. In India , same- sex relatios between consenting adults were decriminalised after a landmark Supreme Court judgment in 2018.
Currently, same-sex marriage is legal in 36 countries (not including Thailand) globaly, according LGBTQ+ rights advocacy Human Rights Campaign. These are: Andorra, Argentina, Australia, Austria, Belgium,Brazil, Canada, Chile, Colombia, Costa Rice, Cuba, Denmark, Ecuador, Estonia, Finland, France, Germany, Greece, Iceland, ireland Luxembourg, Malta, Mexico, the Netherlands, New Zealand, Norway, Portugal, Slovenia, South Africa, Spain, Sweden, Switzerland , Taiwan, the United Kingdom, the United States of America and Uruguay.
LGBT rights in AsiaLegal status and protections | |
Cultural Attitudes | Acceptance of LGBT persons is generally low |
Death Penalty | Prescribed in Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, UAE, and Yemen |
Decriminalization | Same-sex relations decriminalized in India after a 2018 Supreme Court judgment |
Recognition of Same-Sex Marriage | Recognized in Taiwan and Thailand |
Same-Sex Activity Status | Outlawed in at least twenty Asian countries |
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