Marriage Equality : Marriage Rights for All Genders in Thailand

Abstract

          Thailand is among the countries that recognize the importance of providing LGBTQ individuals with legal protection under the principles of equality and human dignity. This is evident from the Constitutional Court’s ruling and recommendations No. 20/2564, which stated that the current constitution and laws do not prohibit same-sex couples from living together, having sexual relations, holding wedding ceremonies, or purchasing life insurance that designates a partner as the beneficiary. The court recommended that the parliament, cabinet, and relevant government agencies consider enacting or amending laws to appropriately recognize the rights and responsibilities of LGBTQ individuals. Furthermore, Thailand has obligations under Article 23 of the International Covenant on Civil and Political Rights, to which it became a party and ratified in 1996. As a result, the Civil and Commercial Code, particularly Chapter 5 on Family, has been amended. Key amendments include replacing gender-specific terms such as "male" and "female" with gender-neutral terms like "person," "fiancé," and "fiancée," allowing engagement and marriage to be inclusive of all genders. The minimum age for engagement and marriage was raised from 17 to 18 years. Additionally, the terms "husband and wife" were replaced with "spouse," and language referring to compensation for adultery was updated from   "in the manner of adulterous" to "in the manner of adultery." The amendments also introduced new grounds for divorce to reflect the nature of relationships between same-sex spouses, such as adding "acting or accepting to act to satisfy lust" as a valid reason for divorce. While these changes specifically address marriage laws, they aim to recognize the right to establish a family for people of all genders, removing gender and sexual orientation as barriers to marriage registration. Although current laws still restrict marriage to heterosexual couples, the amendments represent significant progress in granting individuals of diverse genders the legal status of "fiancé" or "spouse," thereby creating legal rights and responsibilities between partners.