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'Groundbreaking advancement': Thailand set to lead Southeast Asian countries in legalizing same-sex unions.

Thailand will legalize same-sex marriage, making it the first country in Southeast Asia to do so. Following the Senate's approval of a marriage equality bill on Tuesday, this move is heralded as a significant advancement for LGBTQ+ rights.

Participants march on Sukhumvit road while holding a rainbow flag during the Bangkok Pride Parade...
Participants march on Sukhumvit road while holding a rainbow flag during the Bangkok Pride Parade 2024, in Bangkok, Thailand on June 1, 2024.

'Groundbreaking advancement': Thailand set to lead Southeast Asian countries in legalizing same-sex unions.

The Senate overwhelmingly approved the bill post a final reading, with a decisive 130 senators voting in favor. Only four senators voiced dissent. The bill still needs the king's endorsement for marriage equality to become a reality in Thailand, though this is seen as a mere formality. Once published in the royal gazette, the law will take effect 120 days later.

This makes Thailand the third place in Asia to allow marriage equality following Taiwan, which legalized same-sex marriage in 2019, and Nepal in 2023.

Panyaphon Phiphatkhunarnon, founder of the Love Foundation, a Thai NGO advocating for LGBTQ+ rights, told CNN, "The bill signifies a massive leap forward for LGBTQ+ rights in Thailand." He continued, "The bill's potential impact is massive. It would transform the lives of countless couples and contribute to a more just and equitable society for everyone."

The bill grants equal legal rights and recognition to LGBTQ+ couples as heterosexual couples, including those related to inheritance, adoption, and healthcare decision-making.

"Beyond the legal implications, the bill's passage would send a powerful message of acceptance and inclusivity," Panyaphon said. "It would inspire younger generations to live their lives authentically, it would highlight Thailand as a progressive and inclusive country—attracting tourists and businesses...and will trigger a cultural shift where LGBTQ+ individuals feel supported and accepted."

Bangkok residents Pokpong Jitjaiyai and Watit Benjamonkolchai mentioned plans to marry as soon as the law comes into effect. Pokpong expressed, "As a child, people told me that individuals like us couldn't form a family or have children, so marriage seemed impossible. Over a decade ago, we couldn't live together as we do now. We couldn't show our true colors as we can now...and now I can proudly say that I am gay."

Pokpong hopes the marriage equality bill will initiate a chain reaction in other countries. He stated, "I want people worldwide to witness love—love is love."

The marriage equality bill garnered the support of all major parties and symbolizes a significant stride in solidifying Thailand's reputation as one of the friendliest nations in the region towards gay, lesbian, and transgender people.

Efforts to legalize marriage equality over the past decade have stalled. In 2020, the Constitutional Court ruled that Thailand's existing law, which restricts marriage to one man and one woman, is constitutional. Several political parties campaigning in last year's election pledged to push for marriage equality as part of their platform, including the progressive Move Forward Party, which won the most seats. However, the party was unable to form a government when former rivals joined forces to prevent it from taking office.

Nonetheless, Thailand's Prime Minister Srettha Thavisin, from the Pheu Thai Party, had also vowed to introduce the marriage equality bill to parliament. Srettha attended Pride Month celebrations in Bangkok earlier in June, joining a massive parade through the capital's streets. "It is a fundamental right to choose whom to love," he said in a June 1 post on X. Srettha has been vocal about promoting Thailand as a welcoming destination for LGBTQ+ individuals, including expressing support for a bid to host World Pride in 2030.

"We have made significant progress in our journey towards social equality," Srettha said on June 1. "I want to reaffirm my government's commitment in pushing for the realization of the Equal Marriage Bill, which we can now see the light at the end of the tunnel." Srettha also mentioned anticipation for hosting the World Pride in 2030 in Thailand.

Exception in Asia

As the third Asian territory to embrace marriage equality, Thailand stands out amidst a region that has been slow to grant LGBTQ+ rights and where members of the community often experience discrimination, prejudice, and violence.

Rising religious conservatism and colonial-era laws have made life difficult for the LGBTQ+ community in much of Southeast Asia, where same-sex relations are criminalized in several countries, including Myanmar and Brunei. Indonesia's homosexuality is not illegal, except in the conservative province of Aceh. However, LGBTQ+ individuals have faced widespread discrimination, police raids, vigilante attacks, and open hostility by Indonesian authorities and Islamic groups across the country. Indonesia's new Criminal Code, ratified in 2022, criminalizes consensual sex outside of marriage, a law rights groups claim will disproportionately affect the LGBTQ+ community as same-sex couples cannot marry in Indonesia.

In Malaysia, homosexuality is a crime punishable by fines and prison sentences of up to 20 years. The Muslim-majority country has witnessed a surge in conservative attitudes in recent years. Rights groups attribute growing intolerance towards the LGBTQ+ community in Malaysia to the government partially responsible.

Singapore repealed its colonial-era law criminalizing sex between men in 2022 but maintains its opposition to gay marriage and promises to make it harder for people to legally challenge the government's policies. In Singapore, couples in registered marriages have access to greater housing subsidies and adoption rights than single individuals.

Japan is the only G7 country that has not recognized either same-sex civil unions or same-sex marriage, despite high court decisions ruling against allowing same-sex marriage as unconstitutional.

Previously, India's highest court opted against granting legal recognition to same-sex unions, in a significant decision, despite efforts by activists to procure the right to marry under Indian law.

In contemporary China, Beijing has intensified its suppression of LGBTQ individuals and organizations, with Chinese leader Xi Jinping emphasizing the unwavering authority of the Communist Party over every social facet.

In various regions, campaigners have managed to secure minor victories in court battles as they continue their quest for justice.

South Korea does not endorse same-sex marriages, but a South Korean court sided with a same-sex couple fighting for equal health benefits in February 2023. South Korea has faced international scrutiny due to its military code, which can imprison men for same-sex relations for up to two years. In previous years, numerous people have been arrested, with critics denouncing these arrests as a "gay witch-hunt."

Participants march on Sukhumvit road while holding a rainbow flag during the Bangkok Pride Parade 2024, in Bangkok, Thailand, on June 1, 2024.

Read also:

In contrast to some other Asian countries, where LGBTQ+ individuals often face discrimination and violence, Thailand has become an exception by legalizing same-sex unions, following Taiwan and Nepal.

Despite Thailand's progress in embracing marriage equality, other parts of the world in Asia, such as Myanmar, Brunei, and Indonesia, continue to struggle with laws that criminalize same-sex relations and widespread discrimination against the LGBTQ+ community.

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