By Caitlin Maloney and Jessica O’Bryan
Thailand today became the first Southeast Asian country to legalise same-sex marriage, but LGBTQI+ advocates say rights for transgender people remain an issue.
The country’s Marriage Equality Act comes after more than two decades of LGBTQI+ activism, granting same-sex couples the same legal protections as heterosexuals.
The law includes amendments introducing gender neutral language in place of the terms ‘husband’, ‘wife’, ‘man’ and ‘woman’, as well as giving same-sex couples full adoption and inheritance rights.
It has been hailed as a major breakthrough for Thailand’s LGBTQI+ community, who make up 10 per cent of the national population, according to a 2024 study by Ipsos.
However, transgender people still face discrimination, as campaigners continue to push for changes allowing individuals to have their gender identity recognised on legal documents without requiring medical procedures.
Arty Sangsuwa, project coordinator of the Chiang Mai-based LGBTQI+ advocacy group Young Pride Foundation, said Thailand could be “a great example” for other Asian countries.
“It’s based country by country, but it would be better if they can change their norms,” they said. “They can change their attitude because Thailand took almost 25 years to change people’s attitude[s] and… educate people to understand how same-sex marriage is important in the country.”
Gender equality issues are faced by the estimated 314,808 transgender people resident in Thailand, according to the Asia Pacific Transgender Network.
“We have a mission to make the gender discrimination in educational institutes disappear,” said Sangsuwa.
“So [this is] just a tip of the iceberg, for the marriage equality law … because there are tons of problems, tons of discrimination, and tons of people in community who didn’t receive any rights for their lives.”
Thailand passed the Gender Equality Act in 2015, providing legal protections against discrimination based on sexual orientation, gender identity or sex characteristics, however, Sangsuwa claimed both laws do not extend far enough.
“There are tons of things to do, not only the big things like healthcare or gender recognition, but also the gender discrimination in educational institutes,” they added.
“This is important because it can cause a gender discrimination for some organisations who [do] not accept LGBTQ+ employees into the company when they [see] pictures of trans students in the documentation.”
Events will be held across Thailand tomorrow to celebrate the landmark change, according to deputy government spokesperson Karom Ponpornklang.
“The government, the Interior Ministry and the Department of Provincial Administration are ready to facilitate registrations of LGBTQ couples to promote gender equality and diversity. This will also boost Thailand’s image in the international community,” Ponpornklang told The Bangkok Post.
Young Pride Foundation began as a small club, formed by a group of LGBTQI+ friends at Chiang Mai University in 2018 to campaign against the university’s outdated and discriminatory policies towards transgender students.
The group previously ran a petition to repeal regulations forcing students to dress based on their assigned gender at birth during commencement and graduation ceremonies, rather than the gender they identify as.
As a former Chiang Mai University student themselves, Sangsuwa recalled the prejudice trans women faced at these ceremonies.
“They have to find a wig and they have to wear a wig to hide their long hair,” they said.
“[This] was a once in a lifetime opportunity after their graduation, [but] they are not allowed to be themselves.”
It’s quite hard for us, as well, when we go outside Chiang Mai or outside Bangkok because there are many places that [are] still not educated for gender diversity or gender equality.
The petition gained over 2,000 signatures, prompting the university to change the policy.
“It is a huge change for Chiang Mai University, one of the most conservative universities in the country, to change the rule like this,” said Sangsuwa.
Over the past few years, Young Pride has continued to grow as it campaigned for marriage equality.
“The situation [is] bigger, spreading outside university, so we rebranded into Young Pride Club in the year later, and then fast forward, since 2024 we are now established as a foundation in Thailand,” added Sangsuwa.
“Actually it’s another big leap for us. For years, we continue to reduce the gender discrimination not only in the university, but also in schools, in national educational institutes … we think that the stage is bigger, the situations are tougher to solve.”
Today, Young Pride Foundation continues working with queer youth across Thailand through online campaigns and workshops to promote LGBTQI+ rights and empowerment.
According to Sangsuwa, discrimination is especially prevalent in regional areas outside Thailand’s major cities.
“It’s quite hard for us, as well, when we go outside Chiang Mai or outside Bangkok because there are many places that [are] still not educated for gender diversity or gender equality. There is still some discrimination based on their beliefs, based on their culture or their paradigm,” they said.
At a Pride Month reception event in Bangkok, Sangsuwa said they felt disheartened when a politician in attendance told them: “You [should] get yourself prepared after the same-sex marriage law passed the bill, be aware that no one is interested in your movement anymore.”
In February 2024, Thai MP Tunyawaj Kamolwongwot introduced the Gender Recognition Bill to federal parliament, to allow individuals to choose their gender identity and titles on legal documents, without having to undergo certification or medical procedures.
However, the bill was rejected at its first reading, with 154 votes in favour and 257 against.
Still, Sangsuwa said they are not ready to give up.
“I think this one, it’s more challenging, but we still can make it happen … the obstacle of this is people’s attitude,” said Sangsuwa.
One of the ongoing issues Sangsuwa has faced is division within Thailand’s LGBTQI+ community, especially surrounding trans rights.
“[We’re] still desperate in spreading the gender diversity knowledge and also how important [it is] that we have the law,” they said.
“But in the community … the gathering is not as strong as you can see in the news or in the pride parades. We still live separately and some of the people in the community still don’t understand why we have to fight for the same-sex marriage.”
For Sangsuwa, this fight isn’t just political, but personal too.
While on a university exchange in Japan five years ago, Sangsuwa said they finally had the courage to buy a dress and that trying it on for the first time was a euphoric experience.
“I took almost 15 years to find the true identity of mine,” Sangsuwa said.
Many LGBTQ+ individuals face the problem that they have no idea where to go. All I want to say to them is, f— it, be yourself.
Although after returning to Thailand as their authentic self, Sangsuwa has found they are often excluded from the queer community, due to perpetuating stereotypes based on cisgender male identity.
“I think I can represent the one who is [the] push out from the mainstream gay community,” said Sangsuwa.
“Kathoey (ladyboy) or transgender in Thai media have to represent some funny, some laugh, some hilarious images. But I’m not a hilarious person. I’m not a funny person. I am a very serious person. So I’m not allowed to be in that community as well. So I think I’m left out.
“But being who I am today in front of the camera here, being who I am in front of everyone here, I was f—ing proud of myself.”
They hope their journey and ongoing work with Young Pride can inspire young queer people in generations to come. The foundation has just published a book, The Rise of Rainbow Education, on the importance of inclusivity in the education system.
“We hope that the people in government will use this as a sample or a road map for improving or changing the policy,” said Sangsuwa.
“Many LGBTQ+ individuals face the problem that they have no idea where to go. All I want to say to them is, f— it, be yourself. If you cannot find the true identity… that’s totally okay. Just be proud of who you are and that’s it.”
Main image of Arty Sangsuwa by Caitlin Maloney.
Video footage by Sarah Goff-Tunks and Caitlin Maloney. Edited by Jessica O’Byran.
UTS journalism students travelled to Thailand as part of The Foreign Correspondent Study Tour, a University of Technology Sydney programme supported by the Department of Foreign Affairs and Trade’s New Colombo Plan, and working with Chiang Mai University strategic communications students in association with Chiang Mai University.