The changing social tides in Southeast Asia

Rajen Ramiah
SCL Nishimura & Asahi, Bangkok
r.ramiah@nishimura.com

Introduction

In recent years, Southeast Asia has undergone a remarkable cultural and socio-economic transformation, which is propelling the region toward a more modern and efficient way of life. Southeast Asia has long been a melting pot for influences from around the world, known for its rich tapestry of diverse cultures, languages and traditions. However, globalisation and rapid technological advancements are causing the region to experience a profound shift. Traditional customs and practices are flourishing, but also changing with the adoption of contemporary lifestyles and technologies. This metamorphosis is evident not only in the urban centres, where gleaming skyscrapers rise above bustling streets but also in rural communities where age-old traditions intersect with modern aspirations. As Southeast Asia navigates this transition, it is poised to emerge as a pivotal player in the global arena.

Same-sex marriage legislation

Thailand, in particular, is experiencing massive changes, from technology and industry to infrastructure. The newly elected government has plans to grow the economy, increase the mergers and acquisitions (M&A) market and boost the tourism, healthcare and energy sectors. Another massive development is Thailand’s positive progress toward the legalisation of same-sex marriage.

Thailand’s original same-sex marriage legislation was introduced in 2019, as a civil partnership bill which provided for only a limited set of rights. Since that time, the bill has undergone a rigorous parliamentary process, followed by a thorough study, including public feedback. The bill has received rigorous scrutiny from both the private and public sectors, as well as from representatives of various religious organisations.

On 27 March 2024, the House of Representatives approved the draft bill, now relabelled as a same-sex marriage law; the draft legislation includes not only the Cabinet’s version of the law but also three additional versions proposed by political parties. Now, the draft legislation will be discussed by the Senate. If the Senate approves the proposed law, and no one raises a claim that the draft bill violates Thailand’s constitution, the Prime Minister will bring the bill to the King to sign.

This bill represents a significant change for Thailand, despite its long-standing reputation for being a very accepting society. If the law is approved by the King, the wording of all relevant laws will be changed from ‘man and woman’ or ‘husband and wife’ to ‘person’ and ‘spouse’, and Thailand will become the first country in Southeast Asia to legalise same-sex marriage. The bill’s passage also will trigger amendments to other provisions of the Thai Civil Code, including (but not limited to) labour, tax and inheritance laws, to bring them in line with the same-sex marriage act.

The legislation marks a significant milestone for Thailand, not only in terms of social equality but also in its potential to boost tourism. Thailand has long been regarded as a welcoming, inclusive destination for LGBTQ+ travellers, and this development will solidify its reputation as a place where individuals can express their identities freely and safely, without fear of persecution. As a result, we anticipate a substantial surge in tourism and related industries, including hospitality, entertainment and retail. Thailand’s status as an LGBTQ+-friendly country is likely to draw visitors from around the globe, including neighbouring Southeast Asian countries, where similar strides toward equality may be hindered by entrenched religious beliefs and cultural norms.

In addition, Thailand’s healthcare industry is poised to make a positive impact on the LGBTQ+ community. As the country’s laws begin to reflect Thailand’s support for equality and inclusion, many hospitals and healthcare facilities are actively promoting a range of treatments and procedures designed to meet the unique healthcare needs of LGBTQ+ persons.

By positioning itself as a progressive and inclusive destination, Thailand not only opens its doors to a diverse range of travellers, but also cultivates a reputation as a forward-thinking nation. This not only enriches the cultural fabric of Thai society, but also will make a significant contribution to Thailand’s economic growth and global standing. As the tourism and healthcare industries flourish, Thailand will show the region, and the world, how embracing diversity paves the way to a prosperous and harmonious society.

The bill’s passage is a significant and encouraging development in the region; through this law, Thailand is taking the lead on development of a legal framework for the LGBTQ+ community in Asia. Many Asian countries have ancient cultures and long-standing customs that are difficult to set aside or bypass. However, hopefully Thailand’s groundbreaking actions will pave the way for neighbouring countries to provide legal support for the LGBTQ+ community.

Conclusion

We are eagerly awaiting the Senate’s decision to pass the bill and the royal assent. We expect the bill to become law during or before the autumn of 2024.