Introduction
On 23 January 2025, the Pathumwan District Office in Bangkok organised a marriage registration event at Siam Paragon, a large shopping mall in the heart of Bangkok, where over 300 couples sought to wed. On the same day across the country, 1,754 couples of diverse genders registered their marriages at district administration offices.
The recent passage of the Equal Marriage Act in Thailand, which allowed the LGBTQ+ community the right to marry, made Thailand the first country in Southeast Asia to legally recognise the right of sexual minorities to form a family. It is also the first in Asia to grant this right through an amendment to the Civil and Commercial Code, which was approved by Parliament late last year.
Signs of changing attitude are evident across the region, where there have been recent legal changes regarding the LGBTQ+ communities.
In 2022, Vietnam’s Health Ministry declared that homosexuality is “not an illness.” Singapore repealed a colonial-era ban on gay sex but amended its constitution to define marriage strictly as a union between a man and a woman. Meanwhile, Malaysia’s Federal Court ruled in February 2024 that Kelantan’s Sharia law on “unnatural sex” was unconstitutional.
Despite this, Indonesia remains vehement in its opposition against the LGBTQ+ community. Aceh, where Sharia-based laws are enforced, is an example. Last month, two university students were flogged for engaging in consensual same-sex relations.
This law is an important step for Thai society, particularly in terms of inheritance rights, tax reductions for spouses and decision-making in critical situations, such as emergency surgeries.
However, while the passage of the Equal Marriage Act represents a significant legal and social shift in Thailand, the impact of such changes is not uniform across the country.
In the southern border provinces – Patani, Yala, and Narathiwat – where the insurgency has persisted for more than two decades, Islamic traditions strongly influence community values and practices.
Thailand’s Push for Marriage Equality
This was not the first proposal to recognise same-sex marriages within Thailand’s legal system, though previous attempts always ended in failure.
The idea of marriage equality originated from a proposal by the Move Forward Party and was later carried by the Pheu Thai Party, alongside NGOs, activists and other stakeholders aiming to recognise the right of sexual minorities to form families. They view LGBTQ+ rights as a global norm that needs to be adapted to domestic political, organisational, cultural and societal conditions.
On 16 June 2022, there was a push for consideration of the draft Marriage Equality Act in the House of Representatives, which includes the draft amendments to the Civil and Commercial Code and the Civil Partnership Act. Ultimately, the House of Representatives approved the principle of these bills. Key provisions include issues relating marriage, dissolution of marriage, property management and inheritance. For example, the term “spouse” is used instead of “husband and wife” to encompass family formation between individuals of the same sex, with a minimum age requirement of 18 years old.
Challenges at the National Level
After the overwhelming approval of the bills (369 in favor and 10 against), concerns were raised by Muslim representatives from the southern border provinces on 21 December 2022. They argued that the proposed bills conflicted with Islamic principles, as Islam is followed by around four million people in Thailand.
Among the 10 who opposed, seven were from the Prachachat Party (which received over 500,000 votes in the last national election, mostly from Muslims in Pattani, Yala and Narathiwat), two were from the Bhumjaithai Party, and one was from the Democrat Party. Nine out of the 10 opponents were from the southern border provinces.
A representative from the Prachachat Party stated that “We are not campaigning [for marriage equality] …. These are facts that will appear in the three southern border provinces and will be evident to the general Muslim community because it impacts their way of life.”
This opposition is significant. Section 66 of the draft Equality Marriage Bill, which was considered by the committee, states that “The provisions of the Civil and Commercial Code, as amended by this Act, shall not apply in cases where specific laws concerning family or inheritance are provided.”
It should be noted that the application of Islamic law is an exception to the general law. In Pattani, Yala and Narathiwat, it has long been used to handle cases related to family matters or inheritance, with a separate court system based on Islamic principles.
Although it is evident that the opposition of Muslim MPs has been relatively minor, it shows a dialectic that continues to exist among political actors regarding the subject of same-sex marriage.
Challenges in Southern Thailand
Thus far, there has been no strong opposition or protest against the Equal Marriage Act by Thailand’s Muslim communities. In Bangkok, there have only been symbolic acts, such as some mosques displaying signs of “No Same-Sex Marriage” to encourage the Islamic community to follow religious principles. Meanwhile, Tok Imam in the southern provinces typically express their opposition by delivering a khutbah during Friday prayer.
Interviews conducted in the southern provinces offer some nuances.
According to a local, “The reason people in this area fervently oppose it is because our religious beliefs are relatively strong.”
Meanwhile, a Muslim transgender who was born and raised in the area explained that “Society forces us to hide our identity. Even though the “Equal Marriage” law has been passed, religious and cultural influence do not allow us to come out, express ourselves or make decisions for our own lives. Meanwhile, transgender people and those with diverse sexual orientations in the area are citizens who deserve the same rights and welfare as everyone else in the country.”
Both of interviewees agree that in southern Thailand, local traditions and community norms still hold significant influence.
Additionally, the adoption of this law may not have a major impact on the Muslim population in these provinces, as Muslims in the region place greater importance on “nikah”, a religious marriage ceremony in Islam guided by Islamic law, rather than civil marriage registration, which follows the state law.
After performing nikah, Muslim couples are not required to register their marriage at the government office. As a result, at this early stage, there is no urgency for Muslim individuals or groups to openly support or endorse marriage equality.
However, the consequence is it remains near impossible for Muslims with diverse sexual orientations to enter same-sex marriage (under religious law) and live openly. The religious principles of the local population act as a filter through which the acceptance of the LGBTQ+ rights is interpreted domestically.
As a result, rather than accepting or rejecting the norm outright, the community exhibits neither strong resistance nor full acceptance. The fact that Islamic law is considered separate from the state law also helps, as it creates a perception that Islamic customs and practices are “protected” against the influence of such global norms as the LGBTQ+ rights.
Such might not be the case in Thailand’s urban centres, however, including Muslim-dominated areas in central regions. Owing to their heavier exposure to global norms and more secular social environments, acceptance towards same-sex marriage might be higher.
Conclusion
Compared to the rest of Southeast Asia, Thailand has been more progressive with regards to the LGBTQ+ rights, but we need to acknowledge the nuances. At the national level, the Equal Marriage Act, as a manifestation of the rising global norm, seems to be well accepted. However, opposition has been expressed by the Muslim population of southern Thailand. This is because this new norm cannot be fully adapted into the region’s strong religious values (i.e. Islamic principles), which shapes the community’s beliefs and practices regarding marriage.
Consequently, it remains almost impossible for the people in the southern region to fully accept or open up to this issue. Their deeply rooted cultural and religious beliefs pose a barrier that hamper a full reconciliation with the concept of same-sex marriage. As a result, sexual minorities in the region continue to live on the margins, under the shadow of societal rejection.
