Constitutional Court delays ruling in landmark marriage equality case

Thailand’s Constitutional Court has postponed ruling on marriage equality, according to the Foundation for Sexual Orientation and Gender Identity Rights and Justice. The foundation, better known as the FOR-SOGI organisation, says the ruling has been postponed until December 14. According to a Bangkok Post report, the case concerns section 1448 of Thailand’s Civil and Commercial Code. The court was asked to rule on whether that section breaches the constitution as it only recognises marriage between a woman and a man.

According to Sanya Eadjongdee, the lawyer representing FOR-SOGI, the court did not give any reason for the delay, adding that it’s not certain there will be a ruling in December. He says that changing section 1448 is a separate matter to the draft bill that aims to amend the Civil Partnership Act, but that both are linked.

“Revising the section is our main goal. By imposing this bill, it would make LGBTQ+ people become second-class citizens and having a family constitutes a fundamental right of being a human.”

Sanya says that if the ruling does go in the group’s favour, LGBTQ+ couples would be able to use it to have their marriages recognised by marriage registrars.

“However, the registrars would find themselves in a difficult situation because there is no law at present that certifies a same-sex marriage.”

According to the Bangkok Post report, Sanya says that, should the court rule that section 1448 contravenes the charter, this could mean section 77 needs to be invoked. Section 77 calls for laws that pose an obstacle to people’s livelihoods to be revoked or changed. In the case of section 1448, the law would need to be amended.

SOURCE: Bangkok Post