LGBT Rights - Civil Partnership Bill in Thailand
LGBT Rights - Civil Partnership Bill in Thailand
On the 8th of July, 2019, the Thai Cabinet made history when it endorsed the “Civil Partnership Bill,” a bill that would, alongside an amendment proposed to the Thai Civil and Commercial Code, provide legal protection for same-sex couples under the law. If it is signed into law by the parliament, Thailand will become the second Asian country in recent years to award legal protections to same-sex couples, behind Taiwan, which legalized same-sex marriage in 2019. This bill would allow couples of at least age 17 (or younger, with parental and legal permission) with at least one Thai citizen to enter into a legal partnership under the state and be awarded many of the same benefits awarded heterosexual married couples.
Though Thailand decriminalized homosexual activity in 1956, movements towards marriage equality have not succeeded in the past. In fact, one such bill was scrapped in only 2015.
However, it must be noted that while this bill represents a big step towards sexual-orientation and gender-based equality in modern Thailand, it isn’t a perfect solution. While it does allow for same-sex civil partnerships, that is not the same as being able to be legally married. There is the fear that by creating a new category of legally recognized relationship, the civil partnership, Thai same-sex couples are being relegated to second-class positions. On one hand, the bill does explicitly allow same-sex couples many of the liberties afforded heterosexual couples, including the ability to adopt children, act on behalf of one another in court cases, and the same inheritance laws that heterosexual couples abide by. The bill should also extend protective portions of the Thai Civil Code to also cover civil partnerships. However, these partnerships would not be afforded the same financial benefits under the state, as related to taxes and pensions, as heterosexual couples would be. Furthermore, while partner of a civil servant in a heterosexual relationship would be included in their partner’s healthcare benefits, same-sex partners are not afforded the same benefits.
Despite these limitations, the support of this bill and the accompanying modifications to the Thai Civil Code were a significant step forward in the realm of LGBT rights in Asia, and a significant stepping stone into the future that LGBT activists in Thailand continue to fight for. Only time will tell what the future looks like, and if this bill will falter in it’s time before parliament.
And, for anyone interested, here is a story of a Thai wedding ceremony between two grooms after the bill was passed to the parliament that I found in my research: https://dearstraightpeople.com/2019/10/01/gay-thai-wedding/
Links to articles:
https://www.bangkokpost.com/thailand/general/1948184/civil-unions-for-gay-couples
https://apnews.com/article/520203610f17a5ccccfa60c5f24889b7
https://www.refworld.org/pdfid/54ed82784.pdf
Comments
Emily,
Thanks for sharing this post. I was not aware of these developments, and feel like I have so much to learn on the topic. I’m especially intrigued by the point you raise about some of the suspicions some activists have about whether this is indeed as progressive as it appears, or if it could have the adverse affect of preventing further expansion of rights. I honestly don’t know the answer and will start doing my homework!
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