MONTEVIDEO, Uruguay, June 27 (IPS) – At the height of the 2024 Pride season, decades of grassroots campaigning in Thailand came to fruition. With 130 votes in favor and just four against, the Senate passed the Marriage Equality Bill on June 18. With a few strokes of a pen, the law became law. the language has been adjusted of the Civil and Commercial Code, replacing gender-related references such as “man” and “woman” with gender-neutral references such as “persons” and “spouses.” It now goes to King Maha Vajiralongkorn for formal approval and will come into effect 120 days after publication in the official bulletin.
This means that same-sex marriage is now recognized in 37 countries. Recent progress has been seen Estonia becoming the first post-Soviet state to join its ranks in 2023, and Greece the first country with an Orthodox Christian majority to do so in early 2024. Thailand is the first country in Southeast Asia and the third in Asia, after Taiwan And Nepalto recognize the right to marriage and all associated rights for same-sex couples.
THESE MARRIAGE ALL OVER THE WORLD
The long road to equality
With its vibrant LGBTQI+ culture, Thailand has long been one advertised as a ‘special destination for gay travellers’. But things didn’t go so well for local LGBTQI+ people, whose identities and relationships lacked legal recognition and associated rights.
Civil society has been working to change that. Efforts to promote the rights of same-sex couples in Thailand date back at least up to and including 2011.
The first shift came in 2012, when the government began considering some form of recognition for same-sex relationships. In 2013, the country drafted a civil partnership bill with bipartisan support, but progress stalled under the military government formed as a result of a 2014 coup.
The land remained under military rule until mid-2019, but rather than stalling, LGBTQI+ activism gained momentum by connecting with the country’s youthful and outspoken pro-democracy movement. In 2017, a petition calling for the recognition of civil partnerships gathered more than 60,000 signatures. The government responded by preparing a draft law and holding public hearings, where it received overwhelming public support. But in mid-2020, the bill – criticized by activists for not guaranteeing the same rights as marriage – died in parliament.
When youth-led protests for democratic change that broke out in 2020, their demands included LGBTQI+ rights and led to the development of a new bill that was eventually introduced but not passed before parliament was dissolved ahead of a general election in May 2023.
LGBTQI+ activists also went to court, but were met with setbacks. In response to a petition filed by two LGBTQI+ people seeking to marry, the Constitutional Court in 2021 ruled that the part of the Civil and Commercial Code that defined marriage as between a man and a woman was constitutional. LGBTQI+ activists in particular were unhappy with the sexist and derogatory language of the court.
Cultural and political battles
Long-term efforts to normalize the presence of LGBTQI+ people and change conservative narratives have led to high levels of acceptance and support for LGBTQI+ rights. Thailand ranks 44 out of 196 countries in the Equaldex rankings Equality Index, which rates countries based on their LGBTQI+ friendliness. But unlike most other countries, the country places higher values on public attitudes than on its laws.
This meant that Thai LGBTQI+ activists were able to use the generally favourable climate of opinion to put pressure on politicians, turning LGBTQI+ rights into a bandwagon that politicians wanted to join for political gain. As a result, some of the major parties contesting the 2023 elections campaigned on promises to fight for same-sex marriage. This included the progressive Move Forward party, which won the most seats.
But senators appointed by the military stopped Move Forward forms a government, and instead Pheu Thai Party, a populist party that was twice ousted by military coups, formed a coalition with military-affiliated parties – not the outcome young democracy activists had hoped for. However, the new prime minister, Srettha Thavisin, had also promised to send a bill to parliament.
He…still took the timeand LGBTQI+ activists gave him the push he needed. By early September 2023, when the new government was sworn in, the Rainbow Coalition for Marriage Equality had collected over 362,000 signatures in support of marriage equality. Srettha sent the bill to parliament in November, and debate on the government’s bill, plus three other versions submitted by other parties and civil society, began in December.
The House of Representatives passed all four bills overwhelmingly, then formed a committee to combine them into one bill and passed the combined bill with near unanimity. The Senate completed the trial on June 18.
What – and where – next
The Marriage Equality Bill recognizes rights regarding inheritance, adoption, and health care decisions. But beyond these direct effects, activists to expect it must have a powerful indirect impact, sending a message of acceptance and encouraging younger LGBTQI+ people to come out and live full lives, free from discrimination and violence.
Now that gay marriage has been achieved, LGBTQI+ activism is turning to the next big issue: trans rights. Despite playing a prominent role in the entertainment world, transgender people in Thailand face high barriers, particularly in employment. They have few legal protections against discrimination, and those who do exist, are not fully implemented. They cannot obtain legal documents that reflect their gender identity, and the few rights they have in this regard are subject to bureaucratic discretion. To change this, LGBTQI+ activists will continue to campaign for a Gender Recognition Bill.
The significance of the change achieved in Thailand, and the further change that seems certain to come, extends far beyond the country’s borders. Most countries in the region do not recognize same-sex marriage, and some, including Brunei, Malaysia and Myanmar, still severely criminalize same-sex relationships.
Thai activists believe their success can both bring about further change at home and set an example for other countries to follow. Given what they have achieved, they have every reason to be hopeful.
Ines M. Pousadela is CIVICUS Senior Research Specialist, Co-Director and Writer for CIVICUS lens and co-author of the Report on the state of civil society.
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© Inter Press Service (2024) — All rights reservedOriginal source: Inter Press Service
