Thailand: Lesbian couple petition court, say marriage law is unconstitutional

by Tan Hui Yee

BANGKOK - A lesbian couple in Thailand have filed a petition to the Constitutional Court, arguing that allowing marriage only between a man and a woman contravenes the basic law in the Kingdom.

The petition submitted on Friday (Nov 22) was drafted with assistance from the Foundation for SOGI Rights and Justice (FOR-SOGI), which hopes that the judges would help drive changes in the marriage law. SOGI stands for sexual orientation and gender identity.

“The Thai Constitution guarantees our birth rights of having a family and descendants. It also protects us citizens against discrimination of all kinds, including gender,” FOR-SOGI’s adviser Naiyana Supapung told The Straits Times.

“In the existing marriage registration form, your partner has to be a different sex from you. Otherwise, officials will not take your application. That is obviously unconstitutional.”

According to FOR-SOGI, disallowing same-sex couples from marrying under the conventional law has important legal implications: They cannot use their spouses’ welfare rights to receive medical treatments, do not benefit from life insurance payouts, and also cannot file criminal complaints on behalf of their spouses should the latter be killed or harmed.

The petition details the case of Ms Permsup Sae-ung, 49, and Ms Puangpet Hengkum, 34, who were rejected by officials in May this year when they tried to register their marriage. Read more via Straits Times