Thailand takes a leap towards marriage equality, but more work is needed for trans rights

This summer, the Thai government passed the Marriage Equality Bill, marking a historic moment as Thailand became the first country in Southeast Asia to legalize same-sex marriage.

At a recent workshop for the transmasculine community in Chiang Mai conducted by TransEqual, queer joy rippled through the room. A participant who self-identifies as a “Tom,” a local transmasculine identity, shared with tears that he and his girlfriend had wanted to marry for years. Now that they’ll be able to do so legally, he plans to propose soon.

His story is one of many.

The bill, approved on June 18, awaits the king’s signature and will go into effect 120 days after its passage. When that happens, the new law will allow two “individuals” to register their marriage and confer the same legal rights to adoption, social services, inheritance, and other benefits as afforded to heterosexual couples.

This milestone also marks the first time in Thai history that a bill created by LGBTQ+ activists and civil society representatives has become law. As members of the ad hoc committee that worked on this legislation, we are filled with a deep sense of joy knowing that so many people will enjoy the fruits of the tree planted nearly two decades ago.

However, this bill does not fix all the issues that LGBTQ+ people face in Thailand.

As transgender activists, we see the gaps that still need to be addressed, including the lack of access to gender-affirming care and reproductive technology for pregnancy. Although the new law includes gender-neutral terms that guarantee equal rights for same-sex, transgender, and diverse couples, it does not include gender-neutral terms regarding parenting.

For us, the next milestone would be the passage of the Gender Recognition Act. If passed, it will allow members of the transgender, nonbinary, and intersex communities to change identifying information on official documents to reflect their gender identities and pronouns. The marriage equality law is a joyous first step in the right direction. Now, the Thai government must continue this momentum and guarantee freedoms for all members of the community so that Thailand can be a true paradise for queer people, which is how many outsiders have viewed it for years.

Though our country is known for its liberal views, Pride parades, and transgender beauty pageants, queer Thais routinely face harassment and intimidation. We didn’t have equal citizenship rights or legal protections that promoted gay rights. The ugly truth was that LGBTQ+ tourists had more freedom than those of us living here.

The advocates who came before us started this movement at a time when the social environment was unfriendly and difficult. In recent years, past attempts to legalize same-sex marriage failed. But in 2020, new hope bloomed when social and political protests swept Thailand. Our country had only recently moved away from military rule. Youth activists fled the streets in relentless droves that year, demanding democratic rights. Marching alongside them were LGBTQ+ and feminist activists who understood that discrimination against one marginalized community meant discrimination against all.

The fight for civil liberties needed to be inclusive.

This alliance proved transformational. In December 2021, an online petition to bring the marriage law before Parliament received more than 300,000 signatures, but we only needed 10,000 to succeed.

The people had spoken.

Finally, in December, the lower house of parliament passed four bills on marriage equality, each drafted by the Pheu Thai Party, the opposition Move Forward Party, the Democrat Party, and civil society. Over two months, we joined other civil society leaders, policymakers, and politicians as part of an ad-hoc committee to consolidate the four drafts into one bill. On June 18, we watched with pride as the Thai government overwhelmingly approved it.

Though our struggle continues, there is still much excitement in the air.

The LGBTQ+ community is no longer waiting to be seen, recognized, and protected by the Thai government. It is the collective joy for us, our families, and allies—a queer joy that will spread throughout the community and Thai society. We are proud to help lead the way.

Hua Boonyapisomparn is vice president at the Foundation of Transgender Alliance for Human Rights.

Atitaya Asa is a coordinator at Transmasculine Network for Equality (TransEqual)

Voices is dedicated to featuring a wide range of inspiring personal stories and impactful opinions from the LGBTQ+ and Allied community. Visit Advocate.com/submit to learn more about submission guidelines. We welcome your thoughts and feedback on any of our stories. Email us at voices@equalpride.com. Views expressed in Voices stories are those of the guest writers, columnists and editors, and do not directly represent the views of The Advocate or our parent company, equalpride.