Why Thailand is making history by legalising same-sex marriage

Thailand has become the first country in South East Asia to legalise same-sex marriage.

The country’s Senate passed the marriage equality law on Tuesday, marking a trailblazing move in the region.

Activists in the country have worked for more than two decades to make equal marriage a reality to follow in the footsteps of Nepal and Taiwan, the first countries in Asia to do so.

Thai premier Srettha Thavisin said on X (formerly Twitter): ‘Today we celebrate another significant milestone in the journey of our Equal Marriage Bill.

Thai gay couple Apiwat Apiwatsayree (L) and his partner Sappanyoo Panatkool (R) share a light moment during an official ceremony to celebrate the Marriage Equality Law at Government House in Bangkok on Tuesday (Picture: Rungroj Yongrit/EPA)

Thai campaigners celebrate equal marriage (Picture: Rungroj Yongri/EPA)

‘We will continue our fight for social rights for all people regardless of their status.’

Plaifah Kyoka Shodladd, member of a parliamentary committee on same-sex marriage told Reuters: ‘Today love triumphed prejudice … after fighting for more than 20 years, today we can say that this country has marriage equality.’

It comes after the 400 members of the House of Representatives backed a bill recognising same-sex marriages in a near-unanimous decision – sometimes called gay marriage – in March.

Only 15 lawmakers present for the March vote did not endorse it. They were drowned out by applause and the waving of Pride flags when the result was announced.

Lesbian couple Juntagon Seneewong Na Ayutthaya (R) and her partner Kamontip Aurareemaitrichit (L) celebrate outside the Parliament (Picture: Narong Sangnak/EPA)

Thai LGBT+ couples celebrate outside the Parliament in Bangkok after the Senate approved the marriage equality bill (Picture: Narong Sansnak/EPA)

‘This is the beginning of equality’, Danuphorn Punnakanta, an MP and chair of the lower house’s marriage equality committee, said as he presented the draft bill in March.

‘This law wants to return these rights to this group of people, not grant them the rights.’

The bill had to be approved by the Senate and endorsed by the Thai king Vajiralongkorn.

‘I’m glad and already excited that it is really going to happen’, the BBC reported gay police officer Phisit Sirihirunchai as saying.

Couple Jakkrit Khongyarit (L) and his partner Narongrite Sangwon (R) celebrate (Picture: Rungroj Yongrit/EPA)

Thailand has become the third country in Asia to approve same-sex marriage(Picture: Rungroj Yongrit/EPA)

‘I am coming closer and closer to seeing my dreams come true.’

Thailand has a reputation as a relative bastion of LGBT+ rights in a region that has been slow to embrace them.

It already has laws banning discrimination on the grounds of gender identity and sexual orientation, making it one of Asia’s most LGBT+ friendly countries.

Taiwan and Nepal are currently the only Asian countries to legalise same-sex marriage, doing so in 2019 and 2023.

More than 96% of people in Thailand supported same-sex marriage in a government survey late last year.

Around the world, 37 countries have legalised same-sex marriage (green) while 12 have a death penalty for homosexuality (red) (Picture: Metro.co.uk)

Senator Wallop Tangkananurak (C-L), chair of the commission on amending the Civil and Commercial Code, receives a flowers form people from the LGBTQIA+ community on Tuesday (Picture: Narong Sangnak/EPA)

But it’s taken years of campaigning and failed attempts to get this bill through the finish line.

The new bill describes marriage as a partnership between two individuals rather than between a man and a woman.

Aside from a symbolic gesture of approval after years of campaigning and failed attempts, it would make a real difference to the daily lives of LGBT+ couples.

It would give them equal rights when it comes to marital tax savings, inheritance, and consenting to medical treatment for partners who are incapacitated.

Celebrations in Bangkok (Picture: Chanakarn Laosarakham/AFP)

People from the LGBTQIA+ community hold a placard reading in Thai ‘Marriage equality has been passed’ (Picture: Narong Sangnak/EPA)

The bill would also allow same-sex spouses to adopt children.

But it keeps the use of the term ‘fathers and mothers’ instead of the ‘parents’ recommended by the marriage equality committee.

‘Equality has happened today. It’s a historic day for the Thai parliament that stands to fight for the rights of LGBTQI+’, said Tunyawaj Kamolwongwat.

Attempts to legalise same-sex marriage have failed before, but Prime Minister Srettha Thavisin has been a vocal supporter since coming to power last September.

Street celebrations across Bangkok (Picture: Rungroj Yongrit/EPA)

The lower house passed four draft bills on marriage equality in December.

It passed a combined version of these in March.

Thailand will be only the 38th country in the world to legalise same-sex marriage once the bill gets royal ascent.

Estonia became the first ex-Soviet Union country to do so when it introduced marriage equality on January 1.

Greece’s parliament voted to legalise same-sex marriage last month, becoming the first majority Christian Orthodox country to do so.

Nepal saw its first same-sex marriage registered in November after an interim Supreme Court ruling.

Other countries are moving in the opposite direction on LGBT+ rights.

Uganda introduced the death penalty for homosexuality in 2023.

Same-sex activity is still illegal in 65 countries. It is punishable by death in 12 of these.

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