Constitutional Court upholds anti-LGBTQ marriage language

In a major blow to LGBTQ+ rights in conservative Thailand, the Constitutional Court upheld the Thai Civil and Commercial Code section that essentially outlaws gay marriage. The passage, Section 1448, limits the scope of marriage, defining it by saying, “a marriage can take place only between a man and a woman.”

The Court ruled that this legal definition of marriage as a heterosexual-only union is constitutional under the current Thai Constitutional Law. LGBTQ organisations and other human rights groups were quick to take to social media immediately after the verdict to declare their disappointment and displeasure.

LGBTQ activists in Thailand are dismayed at the setback, as the right to marry is often considered a basic human right in cultures and governments. They vowed to continue the fight in the long process to legalise equality for the LGBTQ community in a country that is often at odds between its conservative traditional culture and government and the general social acceptance of gay and trans people that is a part of the global perception of life in Thailand.

There is one silver lining in the ruling against the LGBTQ community though. In the verdict, the Constitutional Court stated that laws should be created and enacted to protect the rights of LGBTQ people by the Parliament, the Council of Ministers, and other relevant agencies.

This opens the door to the implication that, while the Court has little interest in changing the Constitution, they wouldn’t necessarily bar any new law attempting to legalise LGBTQ marriage in Thailand, provided it passed through the normal channels of proposal and voting.

SOURCE: The Pattaya News