LGBTQ+ People -- Will Thailand Marriage Equality Change Anything For You?

[Jingthing]

So, the historic day has arrived!

Thailand now the first nation in Asean to have marriage equality.

 

This is a big F in deal!

 

However as this is an expat forum. I am not aware of any news as yet about the immigration law effects if any from this.

Heck I am not even 100 percent sure that foreigners will be included at all.

 

If you have information about that, please post.

 

So it's probably premature to ask how LGBTQ+ expats will be impacted by this 

 

But perhaos you want to react anyway now about personal impact assuming expats will be included and will be included in immigration law.

 

If not this could be bumped later when we have more information.

[Oz82]

What I'm curious about is whether having a Thai husband would qualify for a marriage visa. 

[onthemoon]

13 hours ago, Oz82 said:

What I'm curious about is whether having a Thai husband would qualify for a marriage visa. 

I would think the law is about marriage equality. I believe they changed some wording in the existing law, like from "a marriage is between a man and a woman" to "a marriage is between two people" or something like that. It's not a special "gay marriage law", I'd hope. Therefore, yes, it should qualify for a marriage visa, otherwise it would not be about equality. In fact, it would be rather strange.

[Oz82]

8 minutes ago, onthemoon said:

I would think the law is about marriage equality. I believe they changed some wording in the existing law, like from "a marriage is between a man and a woman" to "a marriage is between two people" or something like that. It's not a special "gay marriage law", I'd hope. Therefore, yes, it should qualify for a marriage visa, otherwise it would not be about equality. In fact, it would be rather strange.

Yeah that's why it will be interesting to see. True marriage equality would indeed imply that gender is irrelevant and any married couple would have the same rights. 

[Jingthing]

As far as I know, there has been no news about how marriage equality when it becomes law in Thailand will impact immigration law for same sex couples between a Thai and a foreigner.

We can make assumptions about how it will or should be but until we actually know, it's just chatter.

If I'm wrong about this (no news) please do post about it.

[onthemoon]

12 hours ago, Jingthing said:

As far as I know, there has been no news about how marriage equality when it becomes law in Thailand will impact immigration law for same sex couples between a Thai and a foreigner.

We can make assumptions about how it will or should be but until we actually know, it's just chatter.

If I'm wrong about this (no news) please do post about it.

"The Marriage Equality Act makes important amendments to language in Thailand’s Civil and Commercial Code concerning spouses, in particular by changing “men and women” and “husband and wife” to “individuals” and “marriage partners.”"

https://www.hrw.org/news/2024/06/18/victory-same-sex-marriage-thailand#:~:text=Thailand's Senate voted 130-4,to recognize same-sex relationships.

 

"The bill will change the stated official legal status and marriage composition, from “husband and wife” and “a man and a woman” to “married couple” and “two individuals,” giving LGBTQ+ couples the same rights that heterosexual couples share under the TCCC. It will also allow marriages consisting of same-sex partners from the age of 18 and above and grant them the rights to inheritance, tax allowance, and child adoption."

https://www.siam-legal.com/thailand-law/thailand-introduces-same-sex-marriage-bill/

 

As I said, they just changed the wording from "man and woman" to "individuals". I mentioned earlier they changed it to "two people". I haven't read the original text yet, but the meaning is the same. My point is that they did not make a "gay marriage law", they just changed the wording in the existing law as to what a married couple is. There is no difference between a straight and a gay couple anymore. While visas are not mentioned in these articles, one would have to look into the immigration law and I would bet it says "spouse", and not "man" or "woman". 

 

I hope this helps.

[Jingthing]

2 hours ago, onthemoon said:

"The Marriage Equality Act makes important amendments to language in Thailand’s Civil and Commercial Code concerning spouses, in particular by changing “men and women” and “husband and wife” to “individuals” and “marriage partners.”"

https://www.hrw.org/news/2024/06/18/victory-same-sex-marriage-thailand#:~:text=Thailand's Senate voted 130-4,to recognize same-sex relationships.

 

"The bill will change the stated official legal status and marriage composition, from “husband and wife” and “a man and a woman” to “married couple” and “two individuals,” giving LGBTQ+ couples the same rights that heterosexual couples share under the TCCC. It will also allow marriages consisting of same-sex partners from the age of 18 and above and grant them the rights to inheritance, tax allowance, and child adoption."

https://www.siam-legal.com/thailand-law/thailand-introduces-same-sex-marriage-bill/

 

As I said, they just changed the wording from "man and woman" to "individuals". I mentioned earlier they changed it to "two people". I haven't read the original text yet, but the meaning is the same. My point is that they did not make a "gay marriage law", they just changed the wording in the existing law as to what a married couple is. There is no difference between a straight and a gay couple anymore. While visas are not mentioned in these articles, one would have to look into the immigration law and I would bet it says "spouse", and not "man" or "woman". 

 

I hope this helps.

Thanks.

Its my understanding that immigration law treats Thai to foreigner marriages differently whether the foreigner is a man or a woman. If my understanding is correct that would mean immigration would need to change their law to accommodate same sex married couples.

[KhunLA]

To the title .... NO

 

If present marriage ended for any reason, 'doubt' if I'd ever get married again.

 

... 'doubt' ... I've learned never to say never 

[onthemoon]

22 hours ago, Jingthing said:

Thanks.

Its my understanding that immigration law treats Thai to foreigner marriages differently whether the foreigner is a man or a woman. If my understanding is correct that would mean immigration would need to change their law to accommodate same sex married couples.

I was looking for the actual visa regulations but could not find them. If someone could post the relevant text here in Thai, I'll look at the wording.

 

All I found were some newspaper articles stating that a foreigner married to a Thai person in a same-sex marriage can get a marriage visa under the same conditions an opposite-sex foreigner can. Example: https://www.bangkokpost.com/thailand/general/2813329/senate-passes-same-sex-marriage-law

 

The wording also just refers to "spouse" in all English-language websites I could find. I could not find any evidence that there is a difference whether the foreigner is a man or a woman in straight couples. As I said, I hope someone can find the actual Thai wording.

 

[samtam]

I have been surprised to read articles of recent same sex marriages of foreigners in Thailand, as I understood the new law only affected Thais, or possibly foreigners to Thais. If it does not replicate heterosexual marriages, it is not marriage equality.

 

This article suggests it is possible for foreigners to marry foreigners, (requirements at the end of the article).

 

https://www.khaosodenglish.com/news/2025/01/24/thailand-celebrates-first-day-of-marriage-equality-with-1832-couple-registers/

 

 

This Reuters piece is totally vague...

 

Quote

For foreign nationals, the rights depend on their immigration status in Thailand.

 

[Jingthing]

1 hour ago, samtam said:

I have been surprised to read articles of recent same sex marriages of foreigners in Thailand, as I understood the new law only affected Thais, or possibly foreigners to Thais. If it does not replicate heterosexual marriages, it is not marriage equality.

 

This article suggests it is possible for foreigners to marry foreigners, (requirements at the end of the article).

 

https://www.khaosodenglish.com/news/2025/01/24/thailand-celebrates-first-day-of-marriage-equality-with-1832-couple-registers/

 

 

This Reuters piece is totally vague...

 

 

My understanding is that the law allows a Thai marrying a foreigner but not two foreigners. 

I don't think immigration status matters for the foreigner but I don't know yet if foreigners can get marriage extensions based on same sex marriages.

 

[samtam]

46 minutes ago, Jingthing said:

My understanding is that the law allows a Thai marrying a foreigner but not two foreigners. 

I don't think immigration status matters for the foreigner but I don't know yet if foreigners can get marriage extensions based on same sex marriages.

 

 

That was certainly my understanding, but the Nation article suggests otherwise*. Obviously it would affect the "money in the bank method" for 2 same sex foreigners on visa extensions based on retirement, if married couples only have to front up THB400K rather than 2 people fronting up THB800K each. (However, not sure about the married couple THB amount requirement, off hand.) It would also affect tax filing. 

I imagine these issues have not filtered through to either IMM or RD.

 

*

Documents required for foreign nationals:

Certificate of single status issued by the embassy

Valid passport

Prenuptial agreement (if any)

For candidates under 20 years of age, parents’ consent and signed copies of ID cards.

Important: All documents must be translated and certified by the Department of Consular Affairs, Ministry of Foreign Affairs.

[Jingthing]

2 minutes ago, samtam said:

 

That was certainly my understanding, but the Nation article suggests otherwise*. Obviously it would affect the "money in the bank method" for 2 same sex foreigners on visa extensions based on retirement, if married couples only have to front up THB400K rather than 2 people fronting up THB800K each. (However, not sure about the married couple THB amount requirement, off hand.) It would also affect tax filing. 

I imagine these issues have not filtered through to either IMM or RD.

 

*

Documents required for foreign nationals:

Certificate of single status issued by the embassy

Valid passport

Prenuptial agreement (if any)

For candidates under 20 years of age, parents’ consent and signed copies of ID cards.

Important: All documents must be translated and certified by the Department of Consular Affairs, Ministry of Foreign Affairs.

I remember years back when Canada was one of the earlier marriage equality nations that many Americans want to go up there to marry each other even though that wouldn't have been recognized in the U.S.. Before too long, Canada cut that off.

[samtam]

Yes, as I noted, it's not marriage equality.