When the Civil and Commercial Code Amendment Act (No. ..) B.E. …, commonly known as the Marriage Equality Act, is enact and comes into effect, LGBTQ+ couples will gain several legal rights.
These include: 1) The right to establish a family; 2) The right to jointly adopt children; 3) Property and inheritance rights; and 4) The right to care for spouses.
The change in legal status will also extend to other benefits, such as those associated with civil servant welfare, including the right to claim medical expenses and receive a bequest.
For private sector employees, recognizing spouses as legal heirs will provide access to a retirement pension, benefits from the social security fund, and funeral expenses for those who arrange the funeral, as well as the right to be beneficiaries of life insurance.
The Marriage Equality Act also helps stimulate the economy, particularly in businesses related to marriage. A study by the Williams Institute in the United States found that marriage equality could boost the economy by 3.8 billion US dollars.
Ipsos: over 4.4 million people, identify as LGBTQ+
In Thailand, data from Ipsos in 2023 estimated that around 9 % of the adult population, or over 4.4 million people, identify as LGBTQ+ . If these individuals marry at the same rate as heterosexual couples, this could result in approximately 12,000 additional weddings each year, generating an estimated economic value of 1.7 billion baht annually and creating opportunities for the growth of various related businesses.
Moreover, marriage equality could enhance access to credit and property ownership, leading to social benefits such as more stable family relationships due to greater
stability in family relationships through legal security for couples. Additionally, allowing LGBTQ+ couples to adopt children could help reduce the issue of children growing up without a family.
NESDC suggested five issues to be address
However, the National Economic and Social Development Council suggest that there are several issues that need to be address and implement once the law comes into effect, including:
1) Reviewing relevant laws and preparing for government operations, through amending the laws, rules, regulations, orders, and cabinet resolutions that refer to the terms “husband” and “ wife” to be interprete as referring to spouses registered under this Act. This will necessitate a review of 51 laws, while the government must prepare for adjustments in registration, documentation, and relevant certifications;
2) Addressing interconnected issues arising from increased rights for LGBTQ+ couples, specifically issues involving adopted children, who may still face restrictions on medical and educational expenses while retaining rights from their biological parents. This could result in children not receiving their entitled benefits and placing a financial burden on adoptive parents. Consideration should be give to allowing adoptive parents to grant these rights to their adopted children;
3) Preparing businesses to support LGBTQ+ communities, by studying the consumption behavior of LGBTQ+ individuals to develop effective marketing strategies for products and services, as well as promoting the development of new businesses catering specifically to this community, such as LGBTQ+ health clinics;
4) Fostering understanding of LGBTQ+ diversity in society, by creating awareness and respect for the rights and opinions of all parties. This includes working together to build emotional resilience, particularly for children and youth in LGBTQ+ families, and adjusting societal practices, such as Father’s or Mother’s Day activities; and
5) Preparing a budget to support increased welfare benefits, due to the potential for higher medical expenses for civil servant spouses and reduced tax revenue due to increased deductions for spouses and parents of spouses, necessitating budget adjustments.
The government’s social budgeting in 2023 showed there were 3.25 million of civil servant and state employees who have welfare benefit. Family members accounted 51% out of total 3.25 million while the medical expenses accounted 79 billion baht. The government may need to prepare ahead for an increasing budget when the implementing of the Act.
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