bangkok, thailand – Tanadek Jandi is excited that Thailand's Marriage Equality Bill, which would allow same-sex couples to marry, is close to becoming law.
Tanadek, who was born biologically female but was revealed to be male after undergoing gender reassignment surgery last year, lives with his girlfriend and the son of a previous relationship.
“I hope that the Equal Marriage Act will be passed. Then my family will be perfect just like the families of other men and women,” a 34-year-old Grab delivery driver from Bangkok told Al Jazeera. told.
But like many LGBTQ activists, Tanadek is concerned about the bill's language.
Activists argue that using “parents” or “father and mother” in legal language affirms people who identify as LGBTQ on the same terms as other couples.
However, efforts to include this language in the bill have so far been unsuccessful.
The proposed Marriage Equality Act would classify marriage as a partnership between two individuals, rather than a man and a woman, or a husband and wife. Couples would have full rights, including access to medical care, tax planning, inheritance rights, and the right to adopt children.
“I want to do whatever it takes to get the rights that normal men and women have,” Tanadek said.
Thailand's parliament moved closer to legalizing same-sex marriage after the Senate approved the bill during its first public hearing on Tuesday. Last week, Thailand's lower house of parliament approved the bill almost unanimously, with only 10 of the 415 sitting members not voting in favor.
The bill will be reviewed by the Senate Review Committee before two more readings scheduled for July. The final step is for the King of Thailand to sign and approve it.
“This is something to celebrate,” Mookdapa Yanyuenpradong, Fortify Rights' human rights representative in Thailand, told Al Jazeera.
“[But] To prevent discriminatory application of civil and commercial law, it is important to ensure that future revisions include a more inclusive and gender-neutral term “parent”. We remain steadfast in our calls for full protection and recognition of LGBTI+ rights,” Mookdapa added.
In contrast to many other Asian countries, Thailand has long recognized same-sex celebrations, including Pride. It also hosts an international transgender beauty pageant and is a world leader in gender reassignment surgery. In 2015, the Gender Equality Act was passed, which aims to protect everyone from discrimination based on gender.
However, despite having one of the most open LGBTQ communities in Asia, Thailand still provides no legal protection for transgender people.
Aliya Milintanapa was born biologically male but identifies as a trans woman. The 40-year-old is the parent of two boys with her husband Lee, whom she married in the United States in 2019. Aria is her younger brother's guardian, and because his birth gender was male, her 8-year-old brother, who is currently allowed to be adopted, is her “uncle.” Her husband's eldest son from a previous relationship is now 10 years old.
She said the law was making it “difficult” for them to live as a family.
“It creates a lot of issues, like travel and insurance. We applied to one school and they kept asking. [legal proof] That we were “Mom” and “Dad”.even a bully would say that [to our children] Their mothers are different,” Aliya told Al Jazeera.
“I hope the next move will focus primarily on the interests of the child, rather than the issue of birth gender,” Aliya added.
risk of bullying
Nada Chaiyajit, an LGBTQ advocate and law lecturer at Mae Fah Luang University, said not recognizing same-sex and LGBTQ couples as “parents” could increase discrimination and bullying among children.
“If the law does not recognize the status of 'parent', discrimination may arise in the form of social bullying,” Nada told Al Jazeera. “Your mother isn't your real mother and she's having an affair and stuff like that.”
Nada said it was unclear what other legal rights LGBTQ-identified people would enjoy if they were not legally recognized as parents, and campaigners said it was still deciding what terms would be included in the law.
“A lot of work needs to be done. At least we still have a chance to work with the Senate to reinstate the word 'parent' to complete the right to establish a family.” We will continue to work hard,” Nada added.
Emily Palamy Pradichit, founder of Bangkok human rights group Manusha Foundation, said the language meant the proposed law was not truly aimed at marriage equality.
“This is a same-sex bill and not a true marriage equality bill, meaning that only people of the same sex who are recognized as fathers or mothers will be allowed to marry. For example, a transgender woman who wants to marry a non-binary person Even if… you can't get married. There is no legal gender identity law in Thailand, and this is the core issue,” she told Al Jazeera.
However, that may change in the future. A draft gender recognition law is under preparation, according to a Thai lawmaker.
“Draft of the Gender Recognition Act…Intentional Gender Identity…I'm working on that. Allowing people to define their own gender in different ways. That's something we have to continue to push for. ” Forward Party MP Tunyawadji Kamolwongwat posted on the X Platform.
For now, Thailand's focus remains on the marriage equality bill.
It took more than a decade of campaigning to get to this point, and the bill has broad political support. Prime Minister Sureta Tabisin, who took over after last year's election, supports the policy.
“What is considered the pride of Thai society is [we] Walk towards an equal society and respect diversity,” Thailand's Prime Minister (formerly X) wrote on Twitter last week.
If the bill becomes law, Thailand will become the first country in Southeast Asia to legalize same-sex marriage, and the third country in Asia after Taiwan and Nepal.
Thailand has a population of more than 71 million people, and about 9 percent of Thais identify as LGBTQ, according to market research firm Ipsos Group.
Since the law was first read out in December, there has been a surge in inquiries from local residents about weddings.
“Interest is definitely increasing, so this is about 25 per cent of all bookings. A lot of couples are looking to celebrate,” said Wanida Kasiwong, owner of Wonders and Weddings in Thailand, He first spoke to Al Jazeera.