Stepping up against discrimination

Amidst the global turmoil happening today, it is easy to yield to a sense of despair and despondency.

- Vitit Muntarbhorn

An LGBTQ couple exchange their wedding vows on Jan 23, 2025, the day the Marriage Equality Act took effect.

(NUTTHAWICHIEANBUT)

Yet, there are positive changes at the national-local level which seem incremental at first glance, but which are, in reality, monumental; they act as a gentle palliative projecting hope. On this front, Thailand experienced a sense of elation a year ago, when the possibility of same-sex marriage became the norm in the country due to reform of the Thai Civil Code.A key impetus for change almost went unnoticed in 2024. Almost at the same time as the passage of the same sex marriage law, there was a seminal judgement of the Constitutional Court which declared as unconstitutional Section 1523 of the Civil Code.

Basically, that section allowed a husband to sue anyone (male or female) for compensation if they had an adulterous relationship with his wife, but it only allowed a wife to sue another woman who had an open adulterous relationship with the husband. This was found to be in conflict with Section 27 of the Thai constitution, which was the legal anchor against multiple forms of discrimination.

In essence, Section 27 lists a dozen categories of discrimination which are unconstitutional, namely: origin, race, language, sex, age, disability, physical or health condition, personal status, economic and social standing, religious belief, education, or political view. Compared with international trends of anti-discrimination laws, however, the list is too narrow.