In love, in law

Bangkok Post

7 days ago

Nareeluc Pairchaiyapoom, director of the International Human Rights Division at the Ministry of Justice, spent more than 15 years working on the legalisation of same-sex marriage, which finally took effect early this year. She said, however, "it is just the first step to make everybody aware of equal rights".
Nareeluc recounted that when the campaign for civil partnership started over a decade ago, people laughed at her, dismissing it as "impossible". At the time, there wasn't strong support for same-sex marriage legislation in society. Besides, a comparative study found that most countries take a step-by-step approach. Civil partnership would strategically pave the way for marriage equality.
"But the greenlight [from the government] and strong voices from civil society make our life easier. We can now go ahead with marriage equality," she said during a panel discussion titled "Law Out Loud" organised as part of the Bangkok Post Pride 2025 which took place last week at Lido Connect, Siam Square.
Same-sex marriage came to light when Tunyawaj Kamolwongwat of the now-defunct Move Forward Party proposed an amendment to the Civil and Commercial Code on June 18, 2020. An online public hearing saw over 45,000 participants -- the largest number in its history -- in three days. A month later, the government dusted off civil partnership, which dates back to 2013. A draft bill faced resistance from civil society and stalled under military rule.
The House of Representatives approved those and two other versions in 2022 before they were dropped when parliament was dissolved to make way for the general election on May 14, 2023. Under the tenure of former PM Srettha Thavisin, same-sex marriage proposals were tabled for consideration. Lawmakers passed the Marriage Equality Bill -- a consolidation of four drafts -- on March 27 last year.
People's Party MP Tunyawaj, vice-chair of the Committee on Children, Youth, Women, Older Persons, Persons with Disabilities, Ethnic Group and LGBTIs, said "more steps must be taken", highlighting the need for gender recognition. Although the Marriage Equality Bill comes into use, the veneer of equality still belies misunderstanding of and discrimination against LGBTIs.
"They are afraid that LGBTIs will change title and they can't distinguish. Some men ask me if they want to marry women and have babies, how will they know? I would like to say it [changing title] is an individual right," he said at the forum.
Tunyawaj proposed a gender recognition draft bill, but it was turned down on Feb 21 last year. His bid is based on a debate over the right to change title, following a revelation that a bank had given a gender-neutral title -- Khun -- to a famous transgender celebrity while other transgenders did not have that privilege.
Nareeluc said the Ministry of Social Development and Human Security is working on gender recognition. There are three possible scenarios: self-determination, reservation for those who have sex reassignment surgery, and addition of X gender markers alongside M and F.
"It is very controversial and has not come to conclusion yet," she said.
The Ministry of Justice, meanwhile, already submitted the government's version of the Anti-Discrimination Bill for cabinet approval earlier this year. Other drafts have been proposed by civil society and political parties. Following hate crimes against LGBTIs, a legal mechanism is also under review.
Tunyawaj stressed the importance of human rights education to raise public awareness. He faced a threat of force while working on a marriage equality draft. There is also misunderstanding, for example, that LGBTIs should be 25 to get married or they should seek medical confirmation of their identity.
"When I was little, I couldn't imagine creating a family like my brother and sister. People fall in love all the time. [Because of] human rights, we can choose people we want to live with. It is a basic thing," he said.
Nareeluc added that more work needs to be done to bring about acceptance. "We are almost there, but not yet. We need more effort to raise awareness in society. We can see from news that there is still some discrimination on the ground."
Tunyawaj said diversity, equity and inclusion (DEI) is being implemented to make society more inclusive. It should, however, involve everything in the supply chain rather than focus solely on the quota for LGBTI staff in the workplace. Nareeluc said DEI is included in the National Action Plan on Business and Human Rights. Its collaboration with the private sector can improve diversity and inclusion in work environment.
"Under the Gender Equality Act of 2015, a committee found that over 90% of complaints have been discrimination against LGBTIs in the workplace over the past decade. Promoting DEI can help create a more equal society," she said.
Nareeluc said, however, there remains challenges. To implement LGBTI-related laws, effort must be put into consultation with religious groups. Official statistics of the LGBTI population is also crucial for allocation of budgets for LGBTI-related policies. And political will is needed for continued support for equal rights.
Tunyawaj said the concept of gender equality is not included in the 20-year National Strategy (2018-2037). However, those who advocate for positive change are not in the upper echelons of power.