SAME-SEX MARRIAGE: A Long Journey to Sexual Equality

~It was a major news event across Asia when the Thai Parliament voted overwhelmingly to approve the 'same-sex marriage law' with 400 supporting votes against 10 in late March 2024. If enacted, this law would permit LGBTQ+ couples to legally register their marriages and enjoy various rights, just like heterosexual couples. These rights include healthcare coverage, joint loans, medical power of attorney for partners, and inheritance rights. Today, we're taking you to explore the movement for equal marriage rights in Thailand and around the world, and see where Thailand stands with its draft of the same-sex marriage law, and what rights LGBTQ+ individuals would gain upon its enactment.

The history of same-sex marriage laws in other countries.

~When we talk about significant movements impacting the LGBTQ+ community worldwide, one cannot overlook the movements in the land of freedom and democracy, the United States of America. Despite being known as a ‘land of freedom,’ the United States once had ‘Sodomy Laws’ that criminalized same-sex intercourse and categorized homosexuality as a ‘mental disorder,’ requiring treatment. Especially in 1950 to 1960, the federal government even viewed LGBTQ+ individuals as potential Soviet spies, leading to the dismissal of over 5,000 government employees who belonged to this diverse community in 1953. This is not to mention the issues of discrimination or ‘bullying’ based on sexual orientation, which were almost normal back then. LGBTQ+ individuals in those days had almost no civil rights; they had to live hidden lives, let alone talk about same-sex marriage. However, on June 28, 1969, an event that was like a beacon of hope and courage for the LGBTQ+ community occurred. Known as the ‘Stonewall Riots,’ this incident escalated from a police raid on a bar called ‘Stonewall,’ a bar for LGBTQ+ groups in Greenwich Village, New York City. The confrontation between the police and a group of LGBTQ+ individuals turned into a major riot involving thousands of people that took over 5 days to calm down. There were many casualties and injuries, and it became big news globally.

~The Stonewall Riots ignited LGBTQ+ community across the United States to bravely fight for their freedom and sexual equality in ways that never seen before. In June 1970, large LGBTQ+ marches took place in major cities across the country to demand rights and commemorate the Stonewall Riots. This marked the beginning of what we now celebrate as 'Pride Month' every 'June.' One of the most successful campaigns in 1970 to 1980 was the movement urging the American Psychiatric Association (APA) to change its classification of homosexuality from a 'mental disorder' to simply a 'disturbance' in 1973, and later to a 'normal variation' in 1987. This was a significant step towards legalizing same-sex marriage in many countries worldwide in the following years. Subsequently, in the year 2000, Vermont became the first U.S. state to legalize same-sex marriage, followed by Massachusetts in 2004, and many other states thereafter.

~During the period from 1950 to 1980, one of the prominent figures who was a well-known fighter for various LGBTQ+ rights was ‘Harry Hay.’ A gay man born in 1912, Hay was a writer and actor who founded the ‘Mattachine Society’ in 1950. This underground society was believed to be the first group to actively demand rights for homosexual people in the United States. Hay was often called ‘Queer Malcolm X’ for his leadership in fighting for the rights of gay people, similar to the civil rights movement led by Malcolm X for African Americans. Simultaneously, ‘Gilbert Baker,’ an American artist and LGBTQ+ rights activist, also played a crucial role in this battle for LGBTQ+ rights, as he is best known as the creator of the ‘Rainbow Flag.’ This idea was inspired by the classic song ‘Over the Rainbow’ from the movie ‘The Wizard of Oz’ (1939). The Rainbow Flag, first used in 1978, symbolizes unity among the diverse LGBTQ+ community.

~Currently, there are over 36 countries worldwide that legally recognize LGBTQ+ relationships. ‘The Netherlands’ was the first country to pioneer ‘same-sex marriage laws,’ passing them in December 2000 and officially enacting them in early 2001. Since then, countries across Europe, America, and Asia have progressively passed legislation on same-sex marriage. If Thailand officially enacts same-sex marriage law anytime soon, it would become the 37th country globally and the third in Asia, following Taiwan and Nepal.

Movements for same-sex marriage law in Thailand

~The movements for same-sex marriage law in our kind-hearted Thailand span over 20 years, with efforts across various sectors including politics, law, media, and numerous non-governmental organizations.

Political movements

~Back in the year 2001, during the government of ‘Mr. Thaksin Shinawatra,’ there was an initial concept for legislation supporting same-sex marriage, but societal pressures at that time caused the government to perceive Thailand as not yet ready, putting the plan on hold. Then, in 2013, during the government of ‘Ms. Yingluck Shinawatra,’ there were calls for LGBTQ+ marriage rights that led to the preparation of the 'Civil Partnership Act' to accommodate LGBTQ+ couples. However, the coup in 2014 halted the progress. It wasn't until 2023, under the government of ‘General Prayut Chan-o-cha,’ that the movement towards same-sex marriage started to regain attention, amidst global positivity towards the LGBTQ+ community. The civil partnership act was revived for consideration. Simultaneously, the ‘Move Forward Party’ also proposed the ‘Same-sex Marriage Act’ to Parliament. However, because of several parliamentary challenges, this law was again put on hold and not approved. Finally, under the government of ‘Mr. Srettha Thavisin’ in 2024, the same-sex marriage act, which grants LGBTQ+ couples marriage rights on par with heterosexual couples in every aspect, was approved by Parliament.

~Societal movements

Movements from the LGBTQ+ community in Thailand began as early as 2001, with the formation of several groups and associations demanding for marriage and other LGBTQ+ rights. These efforts included campaigns aimed at raising societal understanding of sexual diversity, such as the ‘Rainbow Sky Association of Thailand,’ led by ‘Mr. Kamolseth Gengkarnrue,’ the ‘Gay Political Group’ by ‘Mr. Natee Thirarojanapon,’ and the ‘Bangkok Rainbow Organization.’ In 2009, LGBTQ+ groups attempted to organize Thailand's first Pride Parade to promote diversity and demand equal rights but faced heavy criticism from society, leading to its cancellation. The first successful Pride Parade in Bangkok, known as ‘Bangkok Naruemit Pride,’ was held in 2022, to celebrate sexual diversity along Silom Road. In 2023, the event moved to Pathum Wan Intersection, Siam Square. The pride parade in 2024 marked the first time that the Thai government officially supported the event. The event then expanded to other provinces across Thailand, indicating that Thailand is more welcoming to sexual diversity than ever before.

Cultural movements

~Even though LGBTQ+ groups have been part of the Thai entertainment industry for a long time, LGBTQ+ characters are usually there more for entertainment purposes, making people laugh, rather than raising awareness about rights or sexual diversity. However, the rise of ‘Boy Love (BL) novels’ and ‘TV series’ has shed light on another side of homosexuality, including their lives, desires, pressures, and inequalities they face in society. This trend is mirrored in the Thai film industry where, in recent years, many films have portrayed diverse sexual identities. Several of these films won prizes both domestically and internationally, such as 'The Love of Siam' (2007), 'Bangkok Love Story' (2007), 'Me... Myself' (2007), 'Yes or No' (2010), 'My Hero - How To Win At Checkers (Every Time)' (2015), 'Malila The Farewell Flower' (2018), and 'Dew' (2019). These films give visibility to the LGBTQ+ community in the media and convey the message that regardless of your sexuality, you should not be denied your rights and freedom.

~Moreover, many Thai artists or professionals in the cultural field have played significant roles in fighting for LGBTQ+ rights and expanding societal acceptance that sexual diversity in today's era goes beyond just being transgender, gay, or lesbian. For example, 'Pan Pan Narkprasert,' known as 'Pangina Heals,' a Thai artist driving the 'drag culture'; and 'Tanwarin Sukkhapisit,' a former film director and Thailand's first transgender member of parliament (Future Forward Party), who has promoted marriage equality and gender expression rights.

The current status of the 'same-sex marriage law' in Thailand

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~Currently, the same-sex marriage law that the LGBTQ+ community has been eagerly awaiting is undergoing consideration by the ‘Senate.’ This process consists of 3 stages. In the first stage, which took place on March 27, 2024, the senate passed stage 1 with a vote of 147:4 and appointed a 27-member committee to review the draft in stages 2 and 3, scheduled for June 18, 2024. If the senate passes both remaining stages, the prime minister will present the draft of the same-sex marriage law to the king for royal endorsement to officially enact it. However, the same-sex marriage law is intertwined with 47 other laws, which requires a thorough review process for stages 2 and 3 that might take some time. Should the same-sex marriage law be officially enacted, diverse sexual couples will receive legal rights accordingly.

Rights to care for each other's lives: For instance, the right to medical power of attorney, or if one partner passes away, the other would have the right to handle funeral arrangements, and so on.
Marriage rights: The ability to legally register a marriage, manage marital property, inherit assets as a legal heir, and act as a legal representative, among others.
Rights to adopt children: Previously, LGBTQ+ couples could only adopt as individuals. With the same-sex marriage law, LGBTQ+ couples can jointly adopt children. The adoptive parent must be at least 15 years older than the child.
Divorce rights: Such as the right to file for divorce, custody of children, and the right to claim alimony in case of divorce.

~The LGBTQ+ community's efforts towards equality have undergone significant changes over a long and harsh journey, marked by violence, bloodshed, and tears. But today, it must be acknowledged that the LGBTQ+ community has come a long way from being viewed by society as 'deviant' or 'mentally ill'. After a decade of battle and struggle, society has gradually begun to open its heart and accept a much broader sexual identities. Diversity in sexual orientation is increasingly seen as a fundamental human right that deserves respect. It has progressed to the point where there is growing recognition that all sexual orientations should have equal marriage rights, similar to heterosexual couples. This represents such a huge step for LGBTQ+ communities worldwide.

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