23 May 2024

Same-sex marriage in Thailand will have to wait, as the Constitutional Court ruled unanimously today (Wednesday) that Section 1448 of the Civil and Commercial Code, defining marriage as being a union between a man and a woman, is constitutional.

The court did, however, suggest that parliament, the government and relevant state agencies should enact a law to codify the rights of the LGBT community.

The issue was brought to the attention of the Court after the Juvenile and Family Court asked the Charter Court for a ruling in the case of Puangpetch Hengkham and Permsak Saeung, both belonging to the LGBT group, in which they claimed that they should be allowed to marry legally and that Section 1448 is unconstitutional.

By a unanimous vote, the court ruled that Section 1448 is not against Sections 25, 26 and 27 (paragraphs 1,2 and 3) of the nation’s Constitution.

In essence, Section 1448 states that a marriage can be held when a man and a woman are 17 years old or, if the court thinks fit, the court can allow marriage between younger couples.