5 days ago
Long struggle ahead for LGBTQ+ rights
Thailand enacted the Marriage Equality Bill on Jan 23 this year, making it the third country in Asia after Taiwan and Nepal to recognise same-sex marriage.
But the work to recognise LGBTQ+ rights does not stop here, say lawmakers and observers.
Three bills are in the pipeline awaiting a parliamentary reading, namely the Gender Recognition Bill, the Bill on Decriminalisation of Sex Work, and the Anti-Discrimination Bill, aimed at ensuring LGBTQ+ rights and the rights of other marginalised groups under the law.
PROGRESS AND REGRESS
Assist Prof Jaray Singkhowinta, dean of the Graduate School of Social Development and Management Strategy, National Institute of Development Administration (Nida), said the issue of LGBTQ+ rights has made progress, only to slip back again.
Greece, for example, legalised same-sex marriage in February 2024, nearly a year ahead of Thailand.
Countries like Singapore, Mauritius, Dominica, and Namibia have decriminalised same-sex sexual acts, while Germany and Ecuador have passed self-identification laws for gender recognition.
However, there are setbacks elsewhere. Anti-LGBTQ+ legislation was passed in Ghana, Mali, Georgia and Bulgaria.
Project 2025, initiated by the right-wing Washington DC-based think tank, the Heritage Foundation, attempts to virtually erase LGBTQ+ people from federal protections altogether, indicating potential federal-level rollbacks, said Asst Prof Jaray.
In the United Kingdom, Supreme Court decisions on the definition of "woman" have created legal complexities around transgender inclusion in women-only spaces and services, reflecting broader social debates about balancing transgender rights with sex-based protections.
He said the implications are profound: one-third of the world continues to criminalise consensual same-sex sexual acts, indicating persistent global divisions.
"This polarisation suggests that while some regions advance toward equality, others are actively moving backwards, resulting in vastly different rights depending on location and politics, highlighting the need for stronger international cooperation," he added.
WHAT COMPANIES CAN DO
Thailand's LGBTQ+ friendly reputation enhances its position as a tourism destination and attracts international investment from diversity-focused companies, he said.
There is a conservative opposition, he said, as LGBTQ+ rights in Thailand are termed as "woke" rather than a universal human right.
By framing LGBTQ+ progress as Western cultural imperialism, a nationalist sentiment could be provoked -- an obstacle to future passing of related legislation.
Additionally, Thailand lacks comprehensive transgender rights legislation and anti-discrimination protection in employment and public services, he said.
Aitarnik Chitwiset, co-founder of Thai Intersex Rights, said bias persists in the business world, rooted in ignorance and an unwillingness to acknowledge new realities that Thailand's rainbow economy, referring to economic contributions from the LGBTQ+ community, is growing steadily.
"If Thailand succeeds in passing comprehensive gender equality legislation and enhancing safety and inclusion in urban spaces, the country has the potential to become a global hub for tourism and industries linked to the rainbow economy," she added.
Ms Aitarnik said the government could introduce tax incentives to companies that come up with initiatives that support LGBTQ+ rights.
Asst Prof Jaray from Nida said the private sector should contribute through inclusive workplace policies, responsible investment standards, and funding LGBTQ+ focused organisations and activities.
Companies can also create market incentives by prioritising businesses with LGBTQ+ friendly suppliers and destinations, he said.
Thailand could pursue an active role to protect LGBTQ+ rights internationally, such as through diplomatic means to enhance rights and campaigns or provide a safe haven for persecuted individuals, he said.
Natthineethiti Phinyapincha, the founder of TransTalents Consulting Group and the co-chair of InterPride Global Trans Task Force, said Thailand requires structural reform to ensure inclusive protection.
