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Summarize the “Marriage Equality” Act to ‘All Genders’ equal

A few days ago, it was a historical event for LGBTQIA2S+ people when the House of Representatives voted in favor of the Marriage Equality Act by changing from a marriage between male and female to a marriage between ‘person and person’ to restore the rights of equality to a group of heterosexual people, which has been going on for more than 23 years.

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The Senate approved Marriage Equality

On April 2, 2024, the Equal Marriage Bill passed the 1 agenda, remaining in consideration of agendas 2 and 3, respectively. When the Senate approves, Prime Minister, Settha Thaweesin, will present the bill to His Majesty the King for further use in the Royal Gazette.

It must wait until the senator approves this legislation in the remaining agenda or returns to the Council for amendments or reconsideration.

What are the amendments in this bill?

As for the contents of the Marriage Equality Act with additional modifications as follows

  1. Word changing

In the law, many words will be changed: the word marriage between ‘men to women’ to marriage between ‘person to person’, and from engagement, it will be changed from man and woman to ‘betrothing person to betrothal receipt’ so that the terminology will cover people of all genders.

  1. Person’s Age for Marriage and Engagement

Previously, the minimum age of a person who can legally marry or be engaged is at the age of 17 has been changed to 18 years old to be retired from childhood and considered as another way for child protection. This issue follows the Convention on the Rights of the Child where Thailand is also a part of those agreements.

  1. The right to form a family

Although LGBTQIA2S+ groups are legally married, the right to start a family remains an issue because the term ‘mother and father’ is still used in the law, which does not cover all groups because heterosexual groups have different identity definitions. For example, some couples may use ‘father-father’ or ‘mother-mother’. The term “First parents” will meet the issue and be more comprehensive, which must be resolved further.

  1. Compensation and Divorce Filing

In addition, there are other interesting issues such as the increase of compensation and divorce cases to be covered under the nature of the same-sex couple relationship.

  • Bride-price

It is a property that the bride-price givers give to the parents, adoptive parents, or parents of the bride-price receivers, as the case may be to reward the bride-price receivers who accept the betrothal if there is no significant marriage to the bride-price receiver or by behavior, the bride-price givers should not or cannot marry the bride-price receiver and can reclaim the bride-price.

  • The right to demand remuneration

The term shall be 6 months from the date on which the betrothing person or the betrothal receipt party knew or should know the actions for compensation request but shall not exceed 5 years from the date on which the other party has done so.

  • Marriage cannot be done if a person is insane or a person who is ordered by the court to be incompetent.
  • Either spouse has a physical condition that makes it impossible to commit adultery or commit or accept acts to satisfy the other party forever, the other party can sue for divorce.
  1. The first country in Southeast Asia

After this Marriage Equality law is approved, Thailand will be the first “Southeast Asian country” and the third Asian country next to Taiwan and Nepal, where LGBTQIA2S+ can legally marry and be married with the same rights as regular men and women, such as tax breaks, medical rights, and signing consent to medical treatment.

However, this law still has loopholes such as marriage may be guaranteed. Still, this law does not guarantee children and family building which must continue to follow the revision of the law for everyone and gender to enjoy equal rights that humans should enjoy.

References from

thairath / ellethailand / ilaw

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