Sat, December 04, 2021

in-focus

Court: Allowing only heterosexual couples to marry is not unconstitutional


The Constitutional Court unanimously ruled on Wednesday that Section 1448 of the Civil and Commercial Code, which only allows for a man and a woman to register their marriage, is not against the Constitution.

The ruling came in response to a request by the Central Juvenile and Family Court, which sought an interpretation as to whether Section 1448 contradicts Sections 25, 26 and 27 of the charter, which guarantees equal civil rights for all citizens.

A female couple, Phuangphet Hengkham and Pheomsap Sae-ung, sought to legally wed on February 14 last year but were rejected by the registrar, who cited Section 1448.

They subsequently petitioned the Central Juvenile and Family Court, seeking to overturn the registrar’s dismissal of their request.

The Constitutional Court, however, said parliament, the cabinet and other government organisations should draft a law to ensure the rights of all people are equally protected, regardless of their sexual orientation.

Section 1448 stipulates that a marriage can take place only when the man and woman close 17. But the court may, in case of having an appropriate reason, allow them to marry even before they are 17.

Published : November 18, 2021

By : THE NATION