Thailand’s journey to legalising same-sex marriage

The Equal Marriage Act will come into effect on January 22, marking a significant milestone for Thai society in recognising and endorsing equality for people of diverse sexual orientations.

On September 24, 2024, the Marriage Equality Bill was published in the Royal Gazette, granting same-sex couples the same legal rights and protections as heterosexual couples. A 120-day moratorium was implemented to allow for any necessary legal adjustments.

The drafting of the bill’s earlier version, the Civil Partnership Bill, started in 2012. But it was not until late 2023 that the Marriage Equality Bill was introduced to the National Assembly for the process of parliamentary consideration.

As January 22 draws near, we look back to the journey of the Marriage Equality Bill throughout 2024 as the legislation journeyed through the parliamentary process to ultimate victory.

Background to the Marriage Equality Bill

In June 2020, Move Forward Party’s deputy leader Tunyawat Kamolwongwat introduced a bill to the National Assembly to legalise same-sex marriage. A public consultation on the bill was launched on July 2 of the same year.

In June 2022, a couple of same-sex union bills passed their first readings in Parliament. These included the Move Forward-proposed Marriage Equality Bill, which would have amended the Civil and Commercial Code to include couples of any gender, and the government-proposed Civil Partnership Bill, which would have instead introduced civil partnerships as a separate category, granting some but not all of the rights given to married couples.

Despite several amendments, neither bill passed Parliament before it was dissolved ahead of the 2023 election.

In November 2023, Prime Minister Srettha Thavisin of the Pheu Thai Party announced that his government had approved a draft same-sex marriage law, which Parliament began to debate on December 21 of that year.

Besides the government's version of the draft bill, three additional versions proposed by the Move Forward and Democrat parties were considered. All four bills passed overwhelmingly by 369 votes to 10 on December 21, 2023, with the House of Representatives approving the formation of an ad-hoc committee to combine the four draft bills into one over 15 days before further debate in 2024.

On March 27, the House of Representatives overwhelmingly approved a unified draft law by 400 votes to 10 on its third reading, with two abstentions and three not voting.

The bill passed its first reading in the Senate on April 2 by a 147 to 4 vote.

On June 18, the bill was approved by the Senate with no amendments by 130 votes in favour, 4 against, and 18 abstaining.

The bill received royal assent from King Maha Vajiralongkorn and was published in the Royal Gazette on September 24, and will come into effect on January 22.

Prime Minister Paetongtarn Shinawatra, Srettha’s successor, welcomed the promulgation on social media, acknowledging that the enactment of the Marriage Equality Act will make Thailand the first country in Southeast Asia and the third in Asia to legalise same-sex marriage after Taiwan and Nepal.

Key features of the Bill

Below are the rights the long-awaited Marriage Equality Bill brings to LGBTQ+ communities across Thailand:

1. From husband/wife to spouse: The bill changes the terms “husband” and  “wife” in the Thai Civil and Commercial Codes to “spouse” to get rid of gender restrictions.

2. Equal rights and responsibilities: Under this bill, all spouses, irrespective of their genders, will receive the same rights, benefits and welfare as well as have the duties and legal status specified in other laws that define “husband and wife”.

That means they will be allowed to adopt a child, manage marital property, consent to medical treatment for their partners, receive state benefits and welfare, and disburse medical expenses.

Spouses will also assume responsibilities like marital debt and will have the right to legally divorce their partners

3. Minimum marriage age of 18: The bill raises the minimum marriage and engagement age from 17 to 18 years old to be in line with the United Nations’ Convention on the Rights of the Child.

Prior to the bill’s enactment, Thais of all genders over 17 years old can marry or get engaged, but require consent from both families. Only those aged 20 and above can do so independently.

However, a court may approve marriages before the age of 17 under specific circumstances if deemed appropriate.

4. Amending related sections in the Civil and Commercial Codes: Provisions in the Civil and Commercial Codes will be amended to reflect the lifting of gender restrictions related to marriage and engagement. For example, grounds for divorce will cover committing adultery with a person of any gender.

While the Marriage Equality Bill was undergoing the parliamentary process, the majority of Thais were vocal in their support for same-sex marriage and activities of LGBTQ+ communities across the country.

A 2022 poll by the National Institute of Development Administration (NIDA) found that 80% of Thais were in favour same-sex marriage. A government survey conducted in November 2023 showed that 96.6% of the Thai public supported the same-sex marriage bill, while opposition to same-sex marriage was mainly concentrated among Thailand's small Muslim minority.

Pride events take on a new meaning

On June 1, Thai LGBTQ+ communities filled several streets of Bangkok with rainbow flags to mark the start of Pride Month and celebrate the progress of same-sex marriage legalisation.

From May 31 to June 4, Naruemit Pride organised a series of events at various venues in the capital, the highlight of which was the Bangkok Pride Parade on June 1. Thousands of members of LGBTQIA+ communities participated, marching from the National Stadium to Ratchaprasong Intersection on Rama I Road in Bangkok’s Pathum Wan district.

Other events included public forums on topics related to same-sex marriage, human rights and education, as well as the Drag Bangkok concert, featuring drag artists across various nationalities, cultures and generations at Siam Paragon shopping mall.

On June 30, Prime Minister Srettha Thavisin opened the event “LOVE PRIDE ♥ PARADE 2024” at the National Stadium in Pathum Wan district, highlighting the government’s policy of making Thailand a global pride destination and its inclusion in the Ignite Thailand initiative.

According to the organisers, the event featured Asia’s longest pride parade stretching 6 kilometres to mark the conclusion of Pride Month, which had celebrated gender diversity and equality of the LGBTQ+ communities since June 1. They claimed the event attracted more than a million participants and spectators, including Thai and foreign tourists.

On December 3, the Bangkok Metropolitan Administration announced that it would organise “Marriage Equality Day” with countdown events leading to the enactment of the bill on January 22.

The countdown events will feature seminars, fashion shows and music performances that celebrate equality among individuals of diverse genders at locations across the city. It will culminate in a marriage registration ceremony for LGBTQ+ couples at Siam Paragon shopping mall on January 22.

More than 1,000 couples are expected to join the ceremony, creating a Guinness World Record for the world’s largest same-sex marriage registration event.

All 50 district offices in Bangkok, and 878 district offices nationwide will also be ready to register marriages of same-sex couples on this historic day, Bangkok deputy governor Sanon Wangsrangboon told The Nation.

Profit and Pride

Since coming to power in August 2023, the Pheu Thai-led government has been championing soft power promotion as one of its main policies to drive the country’s economy in years to come.

On February 22, former PM Srettha Thavisin unveiled the Ignite Thailand initiative, which aims to make the country a hub for tourism, medical treatment, food, aviation, logistics, electric vehicles, digital economy and finance by 2030.

To bolster tourism, the government vowed to promote more events, culture, foods or other items that could publicise Thai soft power on the global stage, including becoming the destination for events held by international LGBTQ+ communities to celebrate Pride Month every June.

On June 26, the Thailand Convention and Exhibition Bureau (TCEB) announced its intention to bid for the rights to host mega-events, including World Pride 2030. This puts Thailand in direct competition with the United Kingdom, also in the running for World Pride 2030 in London.

The Tourism Authority of Thailand (TAT) estimates that this year’s Pride Month activities attracted more than 860,000 people and generated more than 4.5 billion baht in tourism revenue.

Apart from Bangkok, other major cities in Thailand also organised Pride Month activities, among them the Chiang Mai Colourful Pride Festival in the northern province, featuring an LGBTQ+ parade, concerts and an art exhibition, and the Pride Nation Samui International Festival in Surat Thani province.

According to LGBT Capital, an LGBTQ+ focused investment firm, Thailand's LGBTQ+ tourism revenue in 2019 was $6.5 billion (224.81 billion baht), accounting for 1.23% of the country's GDP. In 2023, Thailand was the fourth country in the world to generate the most revenue from LGBTQ+ events (behind the US, France and the UK, respectively).

Marketing analysts believed that members of LGBTQ+ groups possess around 40% more purchasing power than average tourists, making them a high potential customers.

According to Gay Time magazine and LGBT Capital, there are about 500 million members of LGBTQ+ groups worldwide, 288 million in Asia and about 4 million in Thailand. It is estimated that the population in these groups could grow to 1 billion by 2050.

With the enactment of the Marriage Equality Bill, Thai business operators have high hopes that same sex marriage legalisation will bring in potential customers to generate more revenue as well as new business activities including, for example, tourism and hospitality, event organisation, wedding planning and organisation, marriage counselling, and child adoption services.