【Same-sex marriage】Thailand recognizes same-sex partnership as first case of affirmative action in Southeast Asia

Written by: Jeffrey
Text Editor: Emily
Website Editor: EQ

There has been a new progress in the fight for marriage equality for the sex/gender minority in Thailand. At the end of last year, the court asserted that the constitution denies same-sex marriage . Last month, the government passed the first reading of a bill to officially recognize same-sex partnerships, the first case in Southeast Asia, which surprised many people. While many LGBTQ people are encouraged, there are also many who think it's still unfair. The Act grants Thai citizens the right to register as a same-sex couple in a civil union, and enjoy legal rights close to that of husband and wife, including the rights to adopt children, inherit property, jointly manage property, decide medical procedures for the other party, and represent the other party in litigation.

Follow GDotTV Telegram Channel,

Stay up-to-date with the latest news on G-spot TV!

Last year, a lesbian couple questioned the government's denial of the constitutionality of same-sex marriage. In November, the Constitutional Court ruled that lawmakers and the government should draft a bill to expand the protection of the rights of LGBTQ people, but at the same time ruled that the constitution does not recognize same-sex marriage. Eight judges later issued a statement, arguing that the purpose of marriage is to procreate, build a family and continue family blood, while same-sex unions are only for "sexual orientation and sexual attraction", which does not meet the definition of marriage, which angered the Thai sex/sex minority. On June 5, Bangkok held its first gay parade in 16 years, and marriage equality became the focus of the parade.

The right to approach the husband and wife only if one of them is a citizen

On June 15, the Thai parliament passed four bills in the first reading to formally recognize same-sex partnerships. Two of these are same-sex civil partnership bills that the Thai cabinet agreed to enact earlier. The first, titled "The Life Partnership Bill," is designed to allow two people of the same sex to register as partners. Those who have registered as a same-sex partner cannot marry another person, and separation requires formal legal procedures. The condition for the union is that both partners must be at least 17 years old, and at least one of them must be a Thai citizen; in other words, a Thai citizen can register with a foreign same-sex partner, but if neither partner is a Thai citizen, they cannot be registered locally as a partner.

The second is the Amendment to Civil and Commercial Code Bill. If the first bill is passed, the existing "citizenship and business regulations" will be amended according to this bill, such as changing the word "spouse" to "spouse or life partner".

The third is the life partner bill proposed by the Thai Democratic Party, which is similar to the first, but with slightly different wording. For example, a life partner is defined as a registered partner, and the two must "at least one of them be Thai". The fourth item is the same-sex marriage bill proposed by the opposition Progressive Party. Same-sex couples can not only marry like opposite-sex couples, but also enjoy rights not mentioned in the above three bills, including the same marriage registration fee, inheritance tax exemption, becoming The legal parent of the surrogate mother, bearing the surname of the spouse, naturalized as Thai, etc. Regarding the passage of the bill, Prime Minister Prayuth Prayut said that it will not only keep up with global trends, but also ensure the gender equality and diversity of sexual orientations of the people. The bill must be read by the House of Representatives for the second and third readings, and then approved by the Senate and the royal family before it can formally enter into force.

Prime Minister Prayut's term is about to expire, there are still worries about legislation

Deputy Prime Minister Wissanu Krea-ngam said the bill has been forwarded to the House of Representatives and will be debated during this parliamentary session. However, Prayut's term will expire in March next year, so it is unknown whether legislation will be made in time. He pointed out that the bill was originally proposed by the Ministry of Justice, but was later revised by experts in Christianity, Islam and Buddhism, and then fine-tuned by the State Council before it was forwarded to the cabinet for consideration. He also said that the Christian Church had not opposed the bill, but wanted to change the term "married couple" to "civil partners".

Pride month good news, some people are happy to see the dawn of equality

Chumaporn "Waddao" Taengkliang of The Rainbow Coalition for Marriage Equality called the bill a "good omen". "Whether it's a civil union or a marriage, people of all genders should have the same standards," she said. Equal rights activist Nada Chaiyajit said, "It's good news for Pride Month that there are MPs who support affirmative action and vote for the bill. I am very happy. But there is still a long way to go.”

The bill may be a barrier to marriage equality, some equal rights people are dissatisfied

According to the current review of the bill, the registration system for same-sex couples can be said to be a must, but some people think it is still unfair. Affirmative action critics criticized the government's approval of the bill, saying there is no need to legislate specifically for same-sex couples at all, but to amend existing laws to accommodate all citizens. "This is not a milestone for gender equality in Thailand, but an obstacle to marriage equality," said Tattep Ruangprapaikitseree, secretary-general of youth group Free Youth and an affirmative advocate.

Both the Democratic Party and the Progressive Party have criticized the same-sex civil partnership bill for treating people of gender/gender minorities as second-class citizens, and therefore advocate for the government to amend the existing marriage law to apply to people of all genders. Tanwarin Sukkhapisit, Kadima's first transgender MP and filmmaker, questioned why the law doesn't "refer to all people, traditional or not, as married couples," adding: "It's just a veiled discrimination. We're not going to Something special, just want to be treated like everyone else.”

Pauline Ngarmpring, Thailand's first transgender prime minister candidate, said: "This same-sex couples bill is not based on equality, but it is better than nothing. This battle is not something that our generation can finish." Whether Thailand can achieve marriage equality depends on the next six months. development of.

Further reading: Tokyo plans to become the ninth prefecture in Japan to recognize same-sex partnerships in November

Original link G-spot TV