Analysis: Tackling LGBT discrimination still work in progress as Thailand poised to walk down marriage equality aisle
Thailand could legalise same-sex marriage soon, with analysts confident in the approval of the draft law as it is expected to enter parliament next month. While they expect major change in Thai society, the regional impact is likely to be muted.
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BANGKOK: Many people dream of marrying the ones they love and building a family together. For Ms Jitrada Plaiduang and her partner in Thailand, this is no exception.
The only thing that is stopping them from living their dream is the law. But this could soon change.
The Thai government is pushing for a legal amendment that would allow same-sex marriage. Last week, the Cabinet approved a draft law on marriage equality, which Prime Minister Srettha Thavisin said could enter parliament for consideration next month.
“This is a great move that will bring about acceptance for the LGBT community in Thailand - legally and socially,” said Ms Jitrada, referring to people who identify themselves as lesbian, gay, bisexual, transgender, intersex and queer.
The 32-year-old is an employee at a private firm, and so is her partner, Ms Ploy Ratnitisakul, 37.
“It’s a basic human right that everyone deserves,” said Ms Ploy.
Analysts say the proposed legalisation of same-sex marriage is likely to be successful and bring fundamental change to Thai society. At the same time, they point out that more work needs to be done to advance the acceptance of LGBT people.
Although Thai society is open about gender diversity, understanding it is a different story. People in the LGBT community still face misconceptions and discrimination in Thailand, one expert noted.
“It shows that people may accept them but not necessarily understand who they are,” said gender and sexuality specialist Asst Prof Ronnapoom Samakkeekarom from the Faculty of Public Health at Thammasat University.
Legalising same-sex marriage will not be a silver bullet to gender-related problems, he added.
FROM “MAN AND WOMAN” TO “PERSONS”
Thailand’s Civil and Commercial Code currently permits marriage only between a man and a woman.
The proposed amendment put forward by the Ministry of Justice would replace the gendered words “man”, “woman”, “husband” and “wife” with “persons” and “spouses” in related sections.
The draft law is being examined by the Council of State before it goes to the National Assembly for further consideration.Â
Analysts believe it will see smooth passage through parliament as it is the government’s initiative. Moreover, it is also supported by the key opposition party, Move Forward.
“I believe the opposition will not object to the draft law but back it as well. So, I’m not worried about the parliamentary vote,” said Ms Naiyana Supapueng from the Foundation for SOGI Rights and Justice, which advocates for human rights in relation to sexual orientation and gender identity in Thailand.
Parliament is also expected to review two other similar proposals presented by the Move Forward Party and civil society groups.
They are likely to be considered together as they share the same concept of marriage equality. If approved by parliament and endorsed by King Maha Vajiralongkorn, the amendment will make Thailand the first country in Southeast Asia to legalise same-sex marriage and the third place in Asia to do so after Taiwan and Nepal.
To many observers, this would mark an important milestone in Thailand’s history, made possible largely through years of advocacy work by civil society groups.
“This isn’t about this government’s wisdom but the power of the people who refused to give up,” said Ms Naiyana.
FUNDAMENTAL CHANGE IN THAI SOCIETY
Analysts say the legalisation of same-sex marriage will bring fundamental change to Thai society, filling the legal void that has deprived many same-sex couples of rights and protection such as medical care, insurance claims and inheritance.
Ms Jitrada and Ms Ploy told CNA the change would provide them with social and financial security, and make it easier for them to carry out joint business transactions and plan their future.
“It would give us a sense of security and comfort as we don’t know what will happen to our lives in the future. One day, if one of us is no longer alive, we can rest assured that the other person would be able to live on with what we’ve built together,” said Ms Jitrada.
Apart from legal benefits, Mr Ronnapoom from Thammasat University pointed out that the legalisation of same-sex marriage could also improve Thailand’s image at the global level as a country that promotes freedom and equality.
He added that this could also help increase Thailand’s chances of hosting an international LGBT event known as WorldPride, which promotes awareness of LGBT issues in different host cities and attracts visitors from around the world.
“This legal amendment will tick an important box on the checklist and make WorldPride’s organiser notice Thailand,” Mr Ronnapoom told CNA.
Limited regional impact is expected over Thailand’s legalisation of same-sex marriage - should it happen - according to Mr Ronnapoom, who cited different beliefs and political circumstances across Southeast Asia.
That being said, he thinks other countries in the Asia Pacific could follow if they see there are social and economic benefits from the move.
SAME-SEX MARRIAGE AND GENDER DISCRIMINATION
Even as Thailand inches closer towards allowing same-sex marriage, analysts say advancing acceptance of the LGBT community and curbing stigma and discrimination remain a work in progress.
A 2018 national survey conducted by the United Nations - which polled both LGBT and non-LGBT people - revealed that “significant proportions of LGBT people reported discrimination”.
More than 40 per cent of LGBT people reported discrimination as students, while a fifth of transgender women reported often being verbally attacked.
Analysts say legalising same-sex marriage cannot solve all gender-related problems in Thailand right away, and that it is crucial for the government, political groups and civil society to continue enhancing public understanding of gender diversity.
Ms Naiyana from the Foundation for SOGI Rights and Justice believes that once same-sex marriage is legally recognised, more people in society will feel less hesitant to embrace gender diversity.
In her view, this would lead to a more understanding society where non-heterosexual members are treated with respect, not discrimination.Â
“It will help people better understand LGBT issues and gender diversity, which is natural,” she said.
In the meantime, anticipation is building for Ms Jitrada and her partner as they keep a close eye on updates to the draft law.
To them, being able to get married would be a dream come true.
“I'm happy. This could change many things, including the rights we’re supposed to have in building a family with our partner,” said Ms Jitrada.
