by Héloïse Le Guellec*
Fortify Rights, 2022
The Kingdom of Thailand is about to become the first country in Southeast Asia, and the third in Asia, to legalize same-sex marriage, following Taiwan in 2019 and Nepal in 2023 – under an interim court order. At the end of March 2024, the Thai House of Representatives approved a bill granting legal recognition to same-sex marriage with overwhelming support—400 out of 415 members voted in favor. The Senate subsequently approved the bill on June 18th. It now awaits Royal Assent from King Maha Vajiralongkorn and is set to take effect 120 days after its publication in the Royal Gazette. This legislative progress marks the furthest advancement of same-sex union law in Thailand, despite previous attempts by lawmakers to formally recognize LGBT marriages.
In public policy theory, the concept of international transposition is a common mechanism used to explain how some governments draw on the experiences of others to implement new laws, policies, and institutions. Rose’s[1] lesson-drawing theory conceptualizes the systematic analysis of elements that have worked or not in similar situations, identifying key factors that contributed to outcomes, and applying these insights to improve policy design and implementation. Learning from past failures, Thai lawmakers needed to devise a new framework for the union. In this process, they examined legislative and political practices from other countries where similar laws had already been enacted, carefully considering the specific legal nuances.
Throughout drawing up the legal framework, the Thai government heard France’s specialists, lawmakers, and political personalities involved at the time, in its design and assignment[2]. Moreover, what was at stake for France at the time was explained to the general public as well as other members of civil society during the French Embassy’s inaugural Franco-Thai Legal Week. This legal cooperation played a pivotal role, in bringing together Thai and French legal experts to promote equality in marriage and combat gender-based violence.
In the Land of Smiles, the present legal regime of marriage confers significant rights such as specific rules for inheritance and tax benefits. It was essential, in the drafting of the law, to extend these social rights to all citizens eligible for marriage. Human Rights Watch[3] emphasizes that a commitment to equality requires governments to eliminate discrimination based on sexual orientation in civil marriage and extend marital status to all citizens. During the legislative process, Thai lawmakers deliberated on key questions that resonated with past debates in France over a decade ago. France’s Marriage Equality Bill of 2013, championed by Justice Minister Christiane Taubira, explored various legal avenues to achieve this goal, rejecting options that did not align with principles of equality and expanding socio-economic rights beyond civil unions.
The French Marriage Equality Bill of 2013, spearheaded by Justice Minister C. Taubira, navigated through three main possibilities: creating a sub-category within the already existing civil union laws for same-sex couples; establishing a new specific civil union; or extending the existing marital regime to encompass both heterosexual and same-sex unions. The chosen path, was the third option, due to its approach to ensuring the same legal framework for both heterosexual and homosexual couples. Its implementation involves semantic adjustments to existing texts rather than the creation of new legislation. The law provides, as France did last decade, to change the terms of “husband and wife” to “married couple” and “a man” and “a woman” to “two individuals,” which proved effective in extending marital rights and obligations to all individuals regardless of sexual orientation.
This solution addresses legal inequalities and broadens access to marriage and its associated benefits for all citizens. By drawing lessons from France and other countries’ experiences, Thailand aims to create a robust legal framework that eliminates discrimination and promotes inclusivity. As the bill awaits final approval, stakeholders anticipate that weddings could commence as early as October, marking a historic advancement in LGBT rights within the region. The pending legalization of same-sex marriage in Thailand represents a significant step towards equality and social progress in Asia.
* Héloïse Le Guellec is a research fellow at HDFF.
[1]: Rose, Richard. “What Is Lesson-Drawing?” Journal of Public Policy, vol. 11, no. 1, 1991, pp. 3–30. JSTOR, http://www.jstor.org/stable/4007336.
[2]: Ministère de la Justice Française, Direction des affaires civiles et du sceau. Lettre de la DEACS, no. 23, 2024, p. 13. Ministère de la Justice Française, 2024, https://www.justice.gouv.fr/sites/default/files/2024-04/lettre_DACS_pro_mars_2024.pdf.
[3]: Human Rights Watch. “Non-Discrimination in Civil Marriage: Perspectives from International Human Rights Law and Practice. A Human Rights Watch Briefing Paper.” September 2003.
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