ONE STEP FORWARD, TWO STEPS BACK

Local courts fail to follow Taiwan’s lead in granting LGBTI marriage rights, transphobia remains a concern

Once again, those waiting on news of marriage equality in Thailand were met with dis ppointmen Let’s tal about Section 1448 of theCivil nd Commercial Code first. It states that only a man and a woman over 17 are allowed to be legallymar ied. This month, this law went to the Constitutiona Court, where it was to be decided whether it was unc nstitutional.

And it was concluded that t law, which only recognises heterosexual relationships, isn’t against the Thai constitution. The only co olation was the ruling also said that parliament, cabin t and related government agencies should concoc law to recognise the rights of LGBTI. So, possibly, the prospect of same-sex

riage in Thailand may manifest into a separatelaw something along the line of a civil partnership bill. However, it won’t be “marriage”, at least not in the same sense that heterosexual marriage has been recognised.

Thai LGBTIs might be getting something at last and although it’s better than nothing — especially more than what people have now — it is not equality. It’s a shame the Constitutional Court made this decision. But, honestly, not many are actually surprised by it. For some reason, a same-sex relationship can’t be accepted in the same way and at the same level as legal recognition of a heterosexual relationship in this country. What is preventing policymakersfrom takin marriage equality all the way?

Back in 2017, the Constitutional Court of Taiwan ruled its existing marriage law was unconstitutional. People shouldbeentitledtoequalityand freedom of marriage. This ruling paved the way for the eventual legalisation of same-sex marriage in 2019, making Taiwan the first country in Asia to do so.

We knownow the Thai court is not going to follow this same path. And sopeople are waiting to see what we will eventually end up with.