Ruling of the People’s Court: Equal Marriage

Amidst the greater calls for gender diversity in Thailand, people, therefore, have expectation towards the Constitutional Court that it would voted to guarantee the diversity such as #EqualMarriage in Thailand.

However, on 17 November 2021, the Constitutional Court ruled against marriage equality that section 1448 of the Civil and Commercial Code, stating that marriage is only between a man and woman, is not contradicting the Constitution. The Court, additionally, recommended the parliament, the cabinet, and other relevant state agencies to draft legislation to guarantee rights to LGBTQ+ people.

The ruling reflected opinions of the Thai court that do not understand the LGBTQ+ rights repressed by the traditional law, including zero accountability. It also marginalized LGBTQ+ community from the rights guaranteed by the law in terms of quality of life and economic status of marriage, for instance rights to health care, tax reduction, rights to receive welfare, etc.

As the ruling was written from patriarchy perspective, gender fairness has been distorted. However, people still have awareness on gender equality. Thai Lawyers for Human Rights (TLHR), Feminist Liberate, Feminist FooFoo, Feminist Mermaid, Feminist Khong-Chi-Mul, and the People’s Court jointly write the new ruling to declare that we will not be suppressed and deprived of our rights.