20 September 2024

As the Move Forward Party prepares to fulfill its pledge to legalize same-sex marriage, Thitaporn Khamchai, a company worker who has been living with her girlfriend for four years, is eagerly anticipating the opportunities it will bring.

“The promised marriage-equality law has given me hope that I will be able to plan my future with my other half and hand her the legal right to make decisions on my health and assets if I am not in a position to do so myself,” said the 31-year-old as she shared her feelings with Thai PBS World.

Aware since her teenage years that she has no interest in men, Thitaporn admits she now blushes to imagine that her live-in girlfriend might eventually propose to her once same-sex marriage becomes legal.

What is Move Forward’s plan?

Move Forward leader Pita Limjaroenrat has vowed that his coalition government will pass the Marriage Equality Bill within its first 100 days. All eight coalition partners have signed a memorandum of understanding to support the bill.

“It’s time to drive our country with love, not fear. Gender diversity is not a flaw. It’s the strength of our nation,” Pita declared.

Earlier this month, he participated in the Bangkok Pride parade.

Among the many LGBTQ+ members of the Move Forward Party is party-list MP-elect Tunyawaj Kamolwongwat.

He says legalization of same-sex marriage will honor the principles of equality, pointing out that LGBTQ+ people have long been deprived of the right to legally wed their partners.

What problems do LGBTQ+ couples face now?

With no legal status, LGBTQ+ couples often feel insecure. If their life partner falls ill and requires an urgent operation, they do not have the right to authorize the surgery because their status is not legally recognized. Should their partner die, they have no right to a share of their assets no matter how long they lived together or if they accumulated the wealth together.

If their partner is a civil servant, they will not enjoy the state benefits generally provided to civil servants’ family members.

Many LGBTQ+ couples are not open about their relationships, because they feel that without legal recognition, full public acceptance of their ties is lacking.

“My girlfriend, for example, is not as open as me about our relationship when we are in public places,” Thitaporn says.

She believes that the situation is difficult under current laws. With no legal recognition for her relationship, she finds it hard to foresee a life together with her girlfriend in the long run. While she and her partner are committed to living together and supporting each other, they have never planned anything long term together.

But that could be about to change.

“Things will be different once our status is legally recognized,” she says with hope.

Tunyawaj notes that in other countries same-sex marriages prove beneficial to the overall economy as LGBTQ+ couples can buy houses, cars and other high-value items together. He adds that legalization of these unions will also boost the events industry as more LGBTQ+ couples will plan wedding receptions and parties.

Meanwhile, if World Pride comes to Thailand, the country’s tourism industry would enjoy a big upswing, he continues. His party leader, Pita, has declared his passionate hope that Thailand will become the first Asian country to host World Pride in 2028.

Bangkok Pride 2023 – The next step is to legalise marriage equality

What’s in the Marriage Equality Bill?

Tunyawaj says the Marriage Equality Bill will enable LGBTQ+ couples to start a family like heterosexual couples, enshrining their mutual right to assets/inheritance, insurance and other benefits accorded to family members. They will also have the right to represent their partners in criminal proceedings, and to make health decisions for them if they cannot do so themselves.

However, the right of LGBTQ+ couples to adopt children is still up for debate and not covered by the draft legislation, he says. The bill is currently at the second-reading stage in Parliament.

Tunyawaj, who was first elected as an MP in 2019 under Future Forward’s quota of LGBTQ+ candidates, has pushed hard for the Marriage Equality Bill over the past four years.

The draft bill also contains clauses covering engagement. If the engagement is cancelled by one side, the other side has the right to receive compensation for losses suffered. The minimum age at which people can get engaged is set at 17.

The Marriage Equality Bill also protects the rights of Thai LGBTQ+ people who wed foreigners. However, foreign couples may register their marriage but without facing any legally binding consequences.

Excluded from the bill is the right to adopt children, either conventionally or via surrogacy.

Embracing gender diversity

Thailand has long been considered relatively accepting of LGBTQ+ people, evident through transgender beauty pageants and the prominent presence of gay individuals in various industries. Plenty of Thai LGBTQ+ couples have also tied the knot in grand style, with some extravagant wedding receptions even making headlines.

But Thipaporn argues that the media spotlight on same-sex weddings is often just another example of discrimination, as heterosexual marriages rarely receive the same attention.

“When a man marries a woman, that doesn’t make the news,” she points out.

While Thipaporn feels fortunate that her parents accept her for who she is, meaning she can be open about her relationship, she is aware that many LGBTQ+ people in Thailand are not so lucky. Many choose to conceal their identities and never come out of the closet.

“But if same-sex marriage becomes legal, public perceptions will change. LGBTQ+ people will have the courage to be themselves and express themselves,” she says.

In 2000, the Netherlands became the first country to legalize same-sex marriages. Over the past three decades, in the face of growing gender awareness, many countries have followed suit. At present, 31 countries across the world, from France to Taiwan, have laws to endorse marriage equality.

However, most countries remain opposed to legalization of same-sex marriage, often due to religious beliefs. Tunyawaj says the Thai marriage equality law will guarantee equal rights regardless of gender, but it will by no means infringe on people’s right to practice their faith.

“We won’t force anyone to register their marriage under this law. Religious leaders won’t have to perform wedding ceremonies for LGBTQ+ couples if [they think] this would contravene their faith.”

By Thai PBS World