On marriage equality, pointers from Bangkok
While the US rolls back LGBTQ+ protections, Thailand legally recognizes same-sex marriage, granting couples equal rights and celebrating a historic milestone.
The day United States (US) President Donald Trump signed an executive order to erase protections given to LGBTQ+ persons in his country, Thailand became the first Southeast Asian nation and third in Asia (after Taiwan and Nepal) to legally recognise same-sex marriage. The landmark legislation was passed by the Thai parliament in June last year and ratified by the King in August 2024 to provide the legal foundation. As soon as the law came into force, authorities in Bangkok and other cities provided marriage certificates to hundreds of couples, and celebrations and mass marriages took place across the country. Thai Prime Minister (PM) Paetongtarn Shinawatra called the moment historic as she welcomed the LGBTQ+ couples and supporters to the government offices. Now, Thailand’s LGBTQ+ couples will enjoy the same legal, financial, medical and adoption rights as others. A marriage certificate means they can adopt children, manage their assets, and inherit them. Significantly, they can make decisions about medical treatment if a partner falls ill or is incapacitated, including extension of financial benefits from government pensions.
Getting the marriage equality law enacted was not easy. While Thailand has been LGBTQ-friendly for long most people are socially conservative. Pre-colonial Thai society was accepting of non-heteronormativity, but this changed under the colonisers’ Victorian-era “virtues”.
Despite indifferent and hostile responses, the LGBTQ+ community and advocacy groups doubled down on mainlining their demands. One way was to keep filing petitions before district and state authorities demanding legal reforms. Another was by filing hundreds of same-sex marriage applications before the registrars. Once the registrars refused the application, this was turned into media events and public awareness campaigns. Simultaneously, activists pushed for incremental changes to existing laws that were discriminatory to same-sex marriage. For instance, scores of petitions were filed demanding changes in Clause 1448 of the Thai Civil Code. Under the banner of Change 1448 Campaigns, dozens of advocacy groups formed the Rainbow Coalition for Marriage Equality which played a critical role in the passing of the marriage equality law.
The second and most critical strategy was in terms of changing societal attitudes towards same-sex marriage. Advocacy groups deftly used the growing television and movie industry to push gay and lesbian characters in popular TV dramas. The Boy Love (BL) sub-genre in TV series and films became a roaring success and helped soften societal rigidity.
Third, LGBTQ activists reached out to major political parties and key political leaders to push the reform. With changes in societal attitudes, many political and legal groups drafted same-sex marriage bills in 2013. However, the military coup in 2014 and the political climate that followed reduced the momentum briefly.
Finally, in 2019, Rainbow Coalition for Marriage Equality lobbied hard with prominent Thai lawmakers. While major political parties came forward to champion the cause of LGBTQ, it was the 2023 elections which came as a big boon for the movement. Two main parties — Pheu Thai and Move Forward — supported the reform. In November 2023, PM Srettha Thavsin of Pheu Thai, along with the support of other political parties introduced the Bill in the Thai House of Representatives. The House passed the bill with an overwhelming majority (400 versus 10) on March 27, 2024, and the Thai Senate voted for it on June 18, 2024. After the assent of the King in August last year, it was rolled out on January 22. All this took a two-decade-long struggle and relentless mobilisation by the community.
What is the lesson for Asian peers, especially India? The LGBTQ+ community in India had a major breakthrough in 2018 when the Supreme Court bench read down Section 377 of the Indian Penal Code that criminalised homosexuality. The community pressed the apex court for legal recognition of same-sex marriage in 2023. However, a Constitution bench left the matter to the wisdom of Parliament. Considering no political parties came forward to support the cause and large sections of the population opposed it on religious and cultural grounds, the judiciary perhaps held back. The Thai experience holds critical relevance here. While legal activism is very useful, the campaign must focus on creating political and social acceptance. Its best allies are the youth and progressive identity-based parties.
Niranjan Sahoo is senior fellow, ORF, and Jirayudh Sinthuphan is director, South Asian Studies, Chulalongkorn University, Thailand. The views expressed are personal
