New Thai Law lets LGBTQ+ couples sue for adultery compensation
Thailand has made legal history by granting LGBTQ+ couples the right to sue adulterous spouses for compensation, marking a pivotal step towards equality under the law. The amendment, which came into effect today, ensure[s fair treatment for all couples, regardless of gender.
The Civil and Commercial Code has been updated to allow LGBTQ+ spouses the same legal protections as heterosexual couples in cases of adultery. This landmark amendment to Article 1523 was prompted by a Constitutional Court ruling on June 18 last year, which found the previous law discriminatory and in violation of the Constitution’s Article 27, guaranteeing equality for all sexes.
Under the old law, husbands could sue their wives’ lovers, regardless of gender, but wives could only sue their husbands’ female lovers. The court deemed this imbalance unjust and ordered the law to be amended.
Effective immediately, the revised Article 1523 replaces gender-specific terms like “husbands” and “wives” with “spouses.” It states:
“When the court grants a divorce due to adultery, one spouse may claim compensation from the offending spouse and from any third party involved, such as a lover or someone publicly presenting themselves as being in a relationship with the spouse.”
Exceptions are outlined for cases where a spouse has consented to or been complicit in the adultery.
The Cabinet approved the changes ahead of the effective date, highlighting the government’s commitment to marriage equality. This amendment supplements the Marriage Equality Act, further solidifying Thailand’s progressive stance on LGBTQ+ rights, reported The Nation.
Legal experts and equality advocates hailed the amendment as a milestone in Thailand’s journey towards full legal equality, ensuring all couples are treated fairly under the law.
In related news, a new regulation by the Ministry of Interior regarding family registration was published in the Royal Gazette on Monday, January 20, aligning it with the equal marriage bill set to be enacted tomorrow, January 23.
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