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Thai Court Rejects Marriage Equality Claim

Constitutional Court rejected Thailand gay marriage.

The LGBTQ community in Thailand was shocked to learn that the country’s Constitutional Court has opposed same-sex marriage.

The judicial challenge we had high hopes for

A couple of women, Permsub Sae-ung and her partner Puangphet Hengkham have launched a legal action to get same-sex marriage recognized in Thailand after their application for marriage registration was rejected by an office in Bangkok.

Lesbian couple launched legal challenge to get marriage rights to same-sex couples.

photo from khaosodenglish

Unfortunately, the country’s constitutional court ruled against marriage equality. They found that Article 1448 - which defines marriage as a union between one man and one woman - does not violate any articles within their constitution!

The court believed lawmakers should enact a law

In the meantime, the court believes that sexual orientation and gender identity should be protected by law to guaranty equal rights to all.

It’s no surprise that this decision, which only confirms and supports the discrimination, disappointed LGBTQ+ activists.

Marriage equality bills

Recently, there were several pro-LGBTQ bills introduced in Thailand, including the one by Kerdchoke Kasamwongjit, an official from Thailand’s Ministry of Justice who identifies as gay, and who proposed legalizing equal marriage and adoption.

Gay member of Parliament Tunyawaj Kamolwongwat believes that Kerdchoke’s bill does not go far enough. So he has submitted an amendment to Parliament, attempting to amend the definition of marriage in Thai’s Civil Code.

Finally, the bill to allow civil same-sex unions has been in limbo again and again for “more work”. The LGBTQ community is opposed to this bill because it doesn’t give them access to all marriage rights.

Will Thai Parliament grant same-sex couples the right to marry?

Conclusion

The LGBTQ Thai community had high expectations for this judicial challenge. The disappointment is equal to the expectation that was placed in this decision because it’s by this way that Taiwan became Asia’s first country to legalize same-sex marriage in 2017. We now turn our attention to the Parliament.

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Thursday, 30 June 2022