US: Neither performed nor recognized in
some tribal nations. Recognized but not performed in several other tribal nations and
American Samoa.
Israel: Registered foreign marriages confer all marriage rights. Domestic common-law marriages confer most rights of marriage. Domestic civil marriage recognized by some cities.
New same-sex marriage legislation supported by the government and major opposition parties was introduced in November 2023, and passed by the
House of Representatives by 400 to 10 on 27 March 2024. It now requires
Senate approval and Royal Assent.[3][4][5][6] The amendment to the Civil and Commercial Code replaces the terms "men and women" and "husband and wife" with the words "individuals" and "spouses". The draft law also allows same-sex couples to jointly adopt children.[7] Thailand would become the first Southeast Asian country and second Asian country to legalise same-sex marriage after
Taiwan.[8][9][10]
Registration of same-sex unions
In December 2012, the Government formed a committee to draft legislation providing legal recognition for same-sex couples in the form of
civil partnerships.[11] On 8 February 2013, the
Rights and Liberties Protection Department and the Parliament's Committee on Legal Affairs, Justice, and Human Rights held a first public hearing on the civil partnership bill, drafted by the committee's chairman, Police General Viroon Phuensaen.[12]
By 2014, the civil partnership bill had bipartisan support, but was stalled due to political unrest in the country.[13] In the second half of 2014, reports emerged that a draft bill called the "Civil Partnership Act" would be submitted to the junta-appointed
Thai Parliament. It would give couples some of the rights of heterosexual marriage, but was criticized for increasing the minimum age from 17 to 20 and omitting adoption rights.[14]
In 2017, Thai government officials responded favourably to a petition signed by 60,000 people calling for civil partnerships for same-sex couples. Pitikan Sithidej, director-general of the Rights and Liberties Protection Department at the Justice Ministry, confirmed she had received the petition and would do all she could to get it passed as soon as possible.[15] The Justice Ministry convened on 4 May 2018 to begin discussions on a draft civil partnership bill, titled the "Same Sex Life Partnership Registration Bill". Under the proposal, same-sex couples would be able to register themselves as "life partners" and will be granted some of the rights of marriage.[16][17][18] The bill was discussed in public hearings between 12 and 16 November, where a reported 98% expressed support for the measure.[19][20] On 25 December 2018, the Cabinet approved the bill.[21][22][23]
On 8 July 2020, the Cabinet approved a new draft of the bill and was introduced in the
National Assembly.[24][25] However, it did not pass before the end of the year.
On 14 February 2023,
Bangkok's
Dusit district became the first jurisdiction in
Thailand to issue partnership certificates, which are legally non-binding, to same-sex couples.[26]
In September 2013, the Bangkok Post reported that an attempt in 2011 by Natee Teerarojjanapong, president of the Gay Political Group of Thailand, to register a marriage certificate with his male partner had been rejected.[29]
In June 2020,
Move Forward Party deputy Tunyawat Kamolwongwat introduced a bill to legalize same-sex marriage.[30] The public consultation on the bill was launched on 2 July.[31][32]
In 2022, a group of bills concerning same-sex unions passed their first readings in the Thai parliament. These include the Marriage Equality Bill proposed by the opposition Move Forward Party, which would amend the current marriage law to include couples of any gender, and the government-proposed Civil Partnership Bill, which would instead introduce civil partnerships as a separate category, granting some but not all rights given to married couples.[33][34][35] Despite several amendments, neither bill passed the Parliament before it dissolved for the
2023 Thai general election.
In November 2023 Prime Minister
Srettha Thavisin of the Pheu Thai Party announced that his Cabinet had approved a draft same-sex marriage law,[36] which Parliament began to debate on 21 December 2023.[37] Besides the government's version of the draft bill, three additional versions by the Move Forward Party, the
Democrat Party and the civil sector were considered.[38][39] All four bills passed overwhelmingly at 369 to 10,[40] with the House of Representatives approving the formation of an ad-hoc committee to combine the four drafts into one over 15 days pending further debate expected in 2024.[41]
On 27 March 2024, Thailand's House of Representatives overwhelmingly passed the draft law by 400 to 10 on its third reading, with two abstentions and three not voting.[4] It must now be passed by the Senate and receive royal assent.[42][43][44][45]
On 2 April 2024, Thailand's Senate approved the first reading of the draft law by 147 to 4. The draft law must be passed by two more Senate votes.[46][47]
Litigation
"Marriage is when a man and a woman are willing to live together, to build a husband and wife relationship to reproduce their offspring, under the morals, traditions, religion and the laws of each society. Marriage is, therefore, reserved for only a man and a woman."
In 2021, the
Constitutional Court ruled that Section 1448 of the Civil and Commercial Code interpreting marriages as only between women and men is constitutional, but after the release of full ruling, one phrase stated that gay couples "cannot reproduce, as it is against nature, and that people of those communities are no different to other animals with strange behaviours or physical features." The verdict cites LGBT people as a different "species" that needs to be separated and studied as it is incapable of creating the "delicate bond" of human relationships.[48] The text was criticised by LGBT activists as sexist and demeaning.[49]
Public opinion
Thai opinion polls have consistently favoured legal recognition of same-sex marriages.[50][51][52]
According to a 2019
YouGov poll of 1,025 respondents, 63% of Thais supported the legalisation of same-sex romantic partnerships, with 11% against and 27% preferring not to answer. 69% of people aged 18 to 34 supported civil partnerships, with 10% opposed. Legalisation was supported by 56% of those aged between 35 and 54 (33% opposed), and 55% of those aged 55 and over (13% opposed). 66% of those with university degrees were in favour (10% opposed), and 57% of those without university degrees (12% opposed). 68% of those with a high income supported civil partnerships (7% opposed), and 55% of those with a low income (13% opposed). 68% of women responded in favour (7% opposed), and 57% of men (14% opposed).[53]
According to a 2022 poll by the
National Institute of Development Administration (N.I.D.A.), 93% of Thais accepted LGBT friends or colleagues, 91% would accept an LGBT person as a family member, and 80% supported same-sex marriage.[54]
According to Thailand's Deputy Prime Minister Somsak Thepsuthin, a government survey conducted between October 31 and November 14 in 2023 showed that 96.6% of Thai public supported the same-sex marriage bill.[55][56]