The news that the Thai Cabinet has endorsed a proposal to permit full civil marriage partnership between two members of the same sex, subject to a parliamentary vote, is a huge step forward for gay civil rights in the kingdom. As recently as last May, it was being widely assumed that politicians in high places would block a radical proposal. An earlier draft of the bill had insisted that only two Thai nationals could qualify for legal status, but the most recent version prepared by the Justice Ministry permits marriage between a foreigner and a Thai.
The new proposed law appears to give same sex partners all the rights of heterosexually joined couples in matters such as property rights, adoption and inheritance. And progress on gay rights in the country has been swift. As recently as 2002 the Ministry of Health was still classifying homosexuality as a mental illness. Not until 2005 did the armed services lift a ban on gays serving in the military, though some individuals still turn up at the recruitment station wearing a dress and pouting their lips. They aren’t necessarily homosexual, or even horny, but are encouraging stereotypes just to avoid the draft.
Of course much remains to be done. Discrimination against gays in employment has not been specifically outlawed by the constitution and the Thai Red Cross apparently still bans practising gays from donating blood under a 2009 announcement. In current Thai law only married couples “as Thai residents” are permitted to make a commercial surrogacy contract. All these and other subjects will doubtless need to be revisited by lawmakers in due course. Not to mention the societal status of third-gender persons and transsexuals who might or might not be homosexual by orientation. The shorthand LGBT is a bewildering panorama of sexual tastes.
The fact that foreigners will likely soon be able to marry a same sex partner aged at least 18 (or 17 if the Thai parents agree) will likely provoke a lot of discussion in gay households. Not everyone will be enthusiastic, some believing that gay marriage is an undesirable aping of the heterosexual lifestyle. But there are an unknown number of farang men who have long-term domestic relationships with Thai males: it likely runs into a thousand or two nationwide. The new proposals open up for them the bonus possibility of applying for the one year extension of stay based on marriage rather than for retirement, the former route requiring a lower income or less cash in a Thai bank to qualify. It’s easier too for married aliens to obtain a work permit too as they do not require a non-immigrant business (type “B”) visa to start the application.
It is also likely that overseas visas for Thais will become less difficult to obtain once a marriage certificate is on file. Not to mention other domestic pluses such as opening a Thai bank in dual names, or even obtaining the much sought-after (if largely pointless in many regions) yellow residence book. Foreigners making a will in Thailand and wishing to leave their estate to a Thai same sex spouse will have less cause for sleepless nights as legal challenges by disgruntled relatives will become more difficult once the new law is passed.
It is fairly easy to marry in Thailand, the main tasks being to obtain an affirmation of freedom to marry or a certificate of no-impediment from the appropriate embassy and to get a translation of that document legalized by the Ministry of Foreign Affairs. The happy couple then journey for marital registration at the amphur of their choice. However, they should be aware that fake marriages are by no means unknown in Thailand and some local amphur offices will take weeks to check the paperwork once again.
Thai divorce is also easy to obtain provided both partners agree. It is not necessary to state reasons or to prove a matrimonial offence. Given that 50 percent of heterosexual marriages worldwide break down legally, there’s no reason to think gays will escape the statistics. And matters in Thailand can turn nasty if there is no mutual agreement. Under the country’s civil and criminal code, jointly owned property must be divided equally, whilst personal assets can be disputable if not part of a pre-nuptial agreement. To obtain a divorce individuals have to appear in person at the amphur and can’t use a proxy which can cause problems for foreigners not resident here. Speak to any Thai lawyer and he or she will regale you with horror stories about marriages on the rocks and assets. Gays will not be immune from the drama.
The proposals for gay marriage are clearly meant to make life less discriminatory for Thai women and men choosing same sex life Thai partners. But a not insignificant number of foreigners here are also going to be taking a close look whether for love or for security. Doubtless for many, it will work out satisfactorily. The rest should recall the warning of American actress Mae West when she announced, “Marriage is a great institution but I’m not ready for an institution yet.”
