Thai premier Srettha Thavisin has promised to fast-track the promise to allow same sex marriage in Thailand with parliamentary debates planned as early as December 2023. A favorable outcome is not seriously in doubt even though conservative backwoodsmen in the House of Representatives will doubtless argue for a diluted form, such as a civil union, or even try to pass a delaying amendment to put the whole subject on hold whilst more “research” is done. But there is substantial support for gay marriage within the military-backed parties which are in Thavisin’s multi-party coalition so, overall, hostility will be spasmodic.
Even so, the job may take many months to see the final light of day. Take for example the thorny issue of adoption which is currently legal in Thailand only for heterosexual married couples, or single females in strictly-defined circumstances. When Taiwan introduced gay marriage in 2019, there was no provision for adoption, although this restriction was removed in May 2013. It will be surprising of the issue of adoption does not cause controversy in Thailand over the next few months. Separately, there are over 50 Thai laws dealing with pensions, taxation, crime and even national security that will need to become gender-neutral.
Then there will likely be provision for religious or civil officials to refuse to participate in gay marriage registration because of conservative personal beliefs. This issue caused trouble in the United States where, eventually, the supreme court earlier this year ruled that a baker was justified in refusing to sell a wedding cake to a gay couple. Many see this decision as a harbinger of more attacks on gay rights in America in future. Although the situation does not mirror the Thai scenario, it does reveal how a law can still sometimes be successfully challenged by the judiciary.
Another complication for Thailand is the role, if any, of foreigners. When Taiwan first passed its gay marriage law, it specified that a foreigner could marry a same sex Thai partner only if gay marriage was allowed in the country of his or her national passport. Again, this ruling was amended in January 2023 so that a foreigner could even hail from a country where homosexuality was illegal, but the controversy had rumbled on for several years. A separate issue is what will happen if two foreigners wish to register their same sex marriage in Thailand. In France, to give one example, this is only possible if at least one partner has a substantial stake in France, for example owing a house.
Still on foreigners, will there be Thai visas for those married to a Thai national? Currently, the so-called marriage visa requires the heterosexual foreigner to show evidence of 400,000 baht in the bank, or a regular income, to justify the visa and the annual extensions of stay. Given all the current rumors about foreigners and taxation, medical insurance and other matters, one imagines the issue of same sex visas might take some time to resolve. Finally, foreigners contemplating same sex marriage should consider Thailand’s divorce laws which can be a minefield if no harmonious end is in sight. If half of Thailand’s heterosexual unions end up in tears, the gay equivalent is not likely to fare any better. A case of look before you leap.
