Posted: 2024-06-18 07:58:51

Thailand has become the first nation in South-East Asia to legalise same sex marriage, with the country's Senate approving the landmark bill on Tuesday afternoon.

The legislation was expected to pass after it cleared the country's House of Representatives in a near-unanimous vote in March.

Despite Thailand's bustling gay bars and prominent transgender community making it a mecca for LGBTQ+ tourists, until now local same-sex couples there have been unable to marry.

The law will take effect 120 days after its announcement in the Royal Gazette, so the first same sex weddings may take place later this year.

Couples who have been waiting years have hailed the move as a historic moment that will afford them rights only reserved for spouses.

Photos of Anticha and Worawan, dressed in floor-length white gowns and trailed by rainbow flags, getting married at Bangkok's first Pride Festival two years ago went viral, but they are still not legally married.

Now they will be able to change that, and Anticha Sangchai is elated.

"This will change my life and change many Thai people's lives, especially in the LGBT community," she said.

"It is a historical moment and I really want to join with my community to celebrate this moment.

"I want to send a message to the world that Thailand has changed. Even though there are still many issues, this is a big step for us."

Two women in wedding dressed standing in a crowd with a colourful flag being held behind them

Anticha and Worawan are still not legally married but they will soon change that.(Supplied)

The couple first met during the COVID-19 pandemic and made a home together. However, they have spent years fighting for legal recognition of their love.

"The hardest part is the government," Ms Sangchai said. 

"It's not the people, not our family, not society. It's about the law because the government is quite conservative.

"We don't need special laws, we just want the same laws as straight people, as everyone in Thailand.

"We just want to live together and take care of each other."

Two women with their arms around and looking at each other and smiling

Anticha and Worawan have been together for years but are not officialy recognised as a couple.(ABC News: Lauren Day)

She said people's perceptions of Thailand as a welcoming place for the community had long been flawed.

"The image of Thailand is that this place is very welcoming for LGBT tourists, but the truth is they don't know about the situation here, but I think that will change in the future."

A study by the United Nations Development Programme (UNDP) in 2019 found that many people in the community still faced discrimination despite a generally accepting culture.

There were an estimated 3.7 million LGBT people in Thailand in 2022, according to LGBT Capital, a private company which models economic data pertaining to the community around the world.

For the young couple from Bangkok, being able to marry also has very real practical implications.

If they want to have children through IVF, Ms Sangchai says they will need a marriage certificate first.

"I am quite concerned about the time because we are getting older every day, and the older you get the more difficult it is to have a healthy pregnancy," she said.

"So we've been really wanting this law to pass as soon as possible."

Two women sitting on a couch holding a photo and petting a cat

Anticha and Worawan have been waiting for the law to pass so they can try to have children.(ABC News: Lauren Day)

As to whether Ms Sangchai and her partner will have another ceremony, they say one wedding was enough.

"That fulfilled us already but I want to support other couples to have a moment like us."

"We will have a very small party for just only the family and we plan to join with the friends who plan to access this law too."

'I might be the first one to get married under the same sex marriage law'

Cabaret performer Jena is excited Thailand's laws are finally catching up with the nation's image.

She said most people who watched the largely LGBTQ performers in Calipso Cabaret had no idea they could not marry.

"It is a surprise for them because foreigners come here because there is freedom, a nice lifestyle and it's easygoing, but we still don't have equal rights," she said.

"It is a basic human right that everyone should have.

"I feel excited and … I believe I might be the first one to get married under the same sex marriage law."

A woman holding up a small mirror to apply make up in front of a bigger mirror

Cabaret performer Jena has been fearful of not being able to give medical consent on her partner's behalf.(ABC News: Lauren Day)

Women in dresses smiling and clapping on stage at a cabaret.

Jena wants the government to allow transgender people to amend their gender on official documents.(ABC News: Lauren Day)

She too had worried about the practical implications of being unable to marry.

"For example, if myself or my partner had to go to hospital or there was an accident that needs consent for an emergency operation, without a marriage certificate we couldn't sign it," she said.

She now wants the government to move forward with a law to allow transgender people to amend their gender on official documents.

"It is an act to show human equality and it is really important because without it we're still a minority without rights equal to men or women."

"There is still gender discrimination but if we have this law, everyone is human."

Push for LGBTQ retirement hub to cash in on the pink dollar

Thailand has long been famous for LGBTQ tourism and there are now hopes this new law could allow the country to cash in on the aging members of the community.

Chaiwat Songsiriphan, who runs a health clinic for people in the LGBTQ community, said laws preventing same sex marriage were the last barrier holding the country back from becoming a gay retirement hub.

"Thailand has an LGBTQ-friendly environment since Thai culture is quite flexible," he said.

"One of my foreigner friends, a gay friend, told me that when he's in his country he has to pretend to be straight … but when he comes to Bangkok he said you can be as gay as you want.

"When we talk about retirement or a long-term stay for the rest of their lives, what people need is … food, good healthcare services, transportation, homes.

"I think Thailand has it all at a very affordable price."

A man in medical scrubs and gloves sitting at a desk

Chaiwat Songsiriphan is encouraging LGBTQ retirees to settle in Thailand and says it could help boost the country's economy.(ABC News: Lauren Day)

He said it could help give the country a desperately needed economic boost.

"This will have a lot of benefits for Thailand's economy because when we talk about retirement it's people literally bringing all the money they have earned for the rest of their working lives to spend and invest here," he said.

He said he, like the rest of the community, was thrilled by the news.

"It's not about a privilege, it's just equality," he said.

"We are we also humans, so we should be able to marry the one we love."

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