Constitutional Court ruling on marriage a setback for same-sex couples

In a setback for the LGBTQ+ community, Thailand’s Constitutional Court ruled that the current law, which says marriage is between a man and a woman, is constitutional. Same-sex marriage activists have argued that the wording of the law, Section 1448 of the Civil and Commercial Code, basically blocks same-sex couples from being legally married.

A petition had been filed with the Court to determine if Section 1448 breaches Sections 25, 26 and 27 of the charter which guarantee equal rights. According to the Bangkok Post, Section 77 calls for laws to be repealed or revised if they are obsolete or pose an impediment to people’s livelihoods.

On Valentine’s Day of last year, a same-sex couple requested a marriage license, but it was rejected by the registrar. The Bangkok Post says the women then petitioned the Central Juvenile and Family Court seeking to overturn the registrar’s decision to reject the marriage request. The Constitutional Court released a press release yesterday saying that Section 1448 is constitutional.

Reports also say that while the Court found the law on marriage to be constitutional, it said the government should draft a law to ensure the rights of all people are protected.

Last year, the Cabinet approved a draft of the Civil Partnership Bill, but same-sex unions would not have the same rights and benefits as marriages. The LGBTQ+ community has been pushing to change the language in Section 1448 to allow same-sex couples to get married.

SOURCE: Bangkok Post