Thailand’s Marriage Equality Act comes into effect this week, but what does it mean?

Coming into effect on 23 January 2025, marriages can now take place in Thailand between two persons, whoever they are. It is still a wild concept for many, but the country moves forward. Here is what Thailand’s marriage equality act means, explained in simpler terms.

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Thailand’s Marriage Equality Act: What it all means

It is a basic right to choose who to love, and who to marry. Whilst it arguably should have happened a long time ago, this monumental step will pave the way for more. The new Marriage Equality Act was approved in June 2024, legally permitting the union between same-sex couples. Thailand is officially the first country in Southeast Asia, and third in Asia, to have this kind of marriage equality act. Here are all the changes to the legislation:

• In the Civil and Commercial Code, the words “men and women” and “husband and wife” with the words “individuals” and “spouses.”
• Same-sex couples are now recognised legally as the same status as heterosexual couples.
• Same-sex couples can jointly adopt children.
• Same-sex couples have access to IVF (in vitro fertilisation).
• Prenuptial agreement (contract on who gets what in case of divorce) can be officially formed.
• Property or assets acquired during the marriage can be declared to be joint-owned by the couple, named “Sin Somros.” In case of no prenuptial agreement, they are to be divided equally.
• Debts incurred from legal action are jointly the responsibility of both.
• Couples can make medical decisions on each other’s behalf, in case one is unable to make their own informed decisions.
• Same-sex couples are entitled for the same social security, spousal pensions, and tax deductions as heterosexual couples.

What’s next for LGBTQ+ rights?

Despite being viewed globally as one of the more LGBTQ-friendly countries, there is always more work to be done. LGBTQ+ individuals are still subject to stereotypes and discrimination. Unless they work in specific industries, transgender individuals are still subject to social stigma and can face difficulties in the work place. Post-operation male-to-female transgender government employees are, at times, granted “privileges” to wear female uniforms at work — not a right.

In the study titled “Tolerance but not inclusion” by the UNDP in Thailand, 53% of LGBTQ+ respondents are reported to had faced verbal harassment, 47.5% of the respondents had experienced at least one form of discrimination from within their family, and 17% said that they had attempted to take their lives. This is also due to difficulties finding access to mental health services.

The Gender Equality Act B.E. 2558 was passed in 2015, which punishes “a person who has a sexual expression different from that person’s original sex.” Although the exemption to that law are for purposes of “education, religion and the public interest,” this can be very vague in practice.