In a significant stride towards inclusivity and equal rights, Thailand the ASEAN member state has taken a momentous step to grant marriage equality. The bill was approved today June 18, 2024 in its last reading by 130 out of 152 Senate members present, with 4 voting against and 18 abstentions. Next, the bill requires formal approval from the King and subsequent publication in the Government. Once published, the law will come into effect in 120 days.

Last April, Thai lawmakers overwhelmingly passed the Marriage Equality Act bill which was the combination version of four different draft laws that the House of Representatives approved in December 2023, the draft includes bills from the government and civil society groups.

The Marriage Equality Act amended 68 provisions of the country’s Civil and Commercial Code granting same-sex couples legal recognition and rights similar to those enjoyed by heterosexual couples in civil marriages. The provisions change the composition of a marriage, from “a man and a woman” to “two individuals. It also changes their official legal status from “husband and wife” to “married couple.”

These changes also grant LGBTQIA+ couples inheritance and adoption rights equal to those in heterosexual marriage and also includes rights related to property ownership, inheritance, and decision-making in medical emergencies. Furthermore, it allows couples to register their partnership formally, offering legal protections that were previously unavailable.

Impact in the Region 

Historically, Thailand has been relatively progressive in its approach to LGBTQIA+ rights compared to many Southeast Asian countries.

The passage of this legislation reflects evolving social attitudes and a growing acceptance of diversity within Thai society. It acknowledges the need for legal frameworks that protect the rights and dignity of all citizens, regardless of sexual orientation or gender identity.

Thailand's progress towards marriage equality is not only a significant achievement for LGBTQ+ rights in Southeast Asia but also sends a powerful message of tolerance and respect for diversity to the international community. As the country moves forward on this journey, it stands poised to become a beacon of progress and equality in the ASEAN region.

Although the issues related to LGBTQIA+ remain sensitive issues in this intergovernmental body in the region, the passage of the bill could serve as a legal precedent for other ASEAN nations. It could provide a framework and reference point for lawmakers and activists in advocating for equal rights and protections for LGBTQ+ individuals, potentially shaping future legislative initiatives in the region.

"For every step forward, there can be serious reprisals in countries that are outright homophobic and transphobic. The passage of marriage equality legislation can trigger a moral panic in Indonesia, Malaysia, and Brunei, and consequently result in a serious push for further criminalization of LGBTQIA+ persons". Said Lini Zurlia, the ASEAN SOGIE Caucus’s Advocacy Manager.

Thailand's enactment of a Marriage Equality Act would likely contribute to advancing LGBTQ+ rights within ASEAN, potentially influencing other member states to consider similar legislation and fostering broader regional discussions on human rights and equality while at the same time resistance from conservative elements within the country and regionally within ASEAN. Countries with more traditional values or stronger religious influences might express concerns or opposition, leading to debates and challenges within the ASEAN framework.