Equal Marriage bill drafts approved in first reading

FRIDAY, DECEMBER 22, 2023

Drafts of a series of four bills that address issues of gender and propose marriage equality passed first reading in Parliament on Thursday, paving the way for Thailand to become the first country in ASEAN region to legalise same-sex marriage.

The four drafts garnered overwhelming support at the Thursday meeting of the House of Representatives with a vote of 360 in favour, only 10 votes opposed, and one abstention from the 371 lawmakers present.

The debate featured discussions on four bills related to same-sex marriage. These proposals were put forth by Cabinet, the opposition Move Forward and Democrat Parties, as well as civil society groups.

Among the more than 50 MPs who showed up for the debate component, Move Forward MP Thanyawat Kamolwongwat said that amending the law would afford same-sex couples the rights they deserved based on human rights principles.

With tears in his eyes, he said, “Today marks another historic day and is a triumph for the people.”

Meanwhile, Deputy Prime Minister Somsak Thepsuthin called on every parliamentarian to support the bills regardless of their political side. He said the one proposed by the cabinet reflects the government’s commitment to ensuring that all individuals have an equal right to form a family, irrespective of their gender.

Somsak also cited a government survey conducted between October 31 and November 14 which showed 96.6% of the polled public supported the bills.

However, the bills were strongly opposed by some MPs, predominantly Islamic politicians from the Prachachat Party, whose strongholds are primarily located in the Islamic communities of southern Thailand. 

Prachachat Narathiwat MP Kamonsak Leewamoh said he adheres strictly to a religious principle that sees a strict divide between the male and female genders.

He suggested that the government consider excluding enforcement of the law in the three southern regions, where the majority of the population practices Islam.

After all bills had been passed, Prime Minister Srettha Tavisin posted to his X account. “We are finally on the road to bridging the gap to equal rights for all today! Congratulations to the LGBTQIA+ community for the Same-Sex Marriage Bill passing its first reading. May love finally triumph.“

Thanyawat Kamolwongwat

What will happen next?

With all four bills having passed an initial stamp of approval, they will undergo second and third readings, as well as being comprehensively examined by an already formed 39-member committee. The government’s bill will serve as the framework for this deeper dive.

The committee members will also incorporate representatives from civil society, as one of the bills that passed first reading is from the nation’s public, according to House Meeting Regulation No. 122.

The bills will then need to undergo a three-reading process by Senators, as well as attain royal assent before being enacted.

If the equal marriage law makes it through this process, Thailand would become the first nation in ASEAN and the third jurisdiction in Asia, following Taiwan and Nepal, to recognise same-sex marriage.

How did we get here?

In June last year, three equal marriage drafts, proposed by the Move Forward and Democrat parties, and the previous Prayut Chan-o-cha cabinet were approved by the House of Representatives in the first reading.

Despite all three bills being examined by the committee during the process of second reading, the dissolution of the House by former PM Prayut effectively cancelled the bill as mandated by the Constitution.

Prayut’s proposed bill, known as the Civil Partnership Bill, faced criticism primarily from Move Forward and from human-rights activists for being weak on human rights. Activists argue that current laws leave LGBTQA+ people out of the rights, privileges and respect of society’s other members, including welfare rights. In particular, those who do not fit in long-time rigid gender categories suffer discrimination.

It is not yet clear just how far these bills will advance in the approval process. However, Move Forward MP Thanyawat remained optimistic, highlighting that “Thailand is on the verge of change” as he debated in support of his party’s bill.