Author(s)

Kamalanuch Aksorngarn

School of Law, Shanghai University of Finance and Economics, Shanghai, China.

Thailand, a country recognized as being LGBTQ (Lesbian, Gay, Bisexual, Transgender, Queer, or Questioning) friendly, is currently facing challenges regarding the legalization of LGBTQ marriage and the pursuit of equal rights for LGBTQ couples, similar to those enjoyed by straight couples. Possible guidelines in this regard have been proposed: Draft of the Civil Partnership Bill and the Bill to Amend the Civil and Commercial Code (the “CCC”) Book 5 Family. All these proposals are currently under the consideration of Parliament, and it is likely to take some time before the relevant law will be officially enacted. This article will state the proposals to legalize same-sex marriage and examine the Constitutional Court of Thailand’s decision regarding the constitutionality of Article 1448 under the CCC which is in the scope of marriage law, and provide arguments against the decision. Perhaps, it is time for Thailand to consider whether to support gender equality or refuse all the relevant requests.

LGBTQ, Marriage, Legalization, Civil Partnership Bill, Bill to Amend the Civil and Commercial Code

Aksorngarn, K. (2024) Legalization of Same-Sex Marriage in Thailand: Society Steps Forward, But Policymakers Still Hesitate. Beijing Law Review, 15, 91-101. doi: 10.4236/blr.2024.151006.