Thursday, 12 July 2018

Equality under discrimination

What I read

According to Single sex marriage law on way by Apinya.(2018),The Civil Partnership Bill is supposed to be completed by the Ministry of Justice no longer than September this year. Consequently, it can be approved by the cabinet and subsequently be promulgated by the legislative body. This bill provides single sex spouses with the same rights as those protected by the marriage law applied on heterosexual couples. However, the same-sex couples will still be barred from using their partner’s surname, although this bill have come into effect.
The seminar on the partnership bill was arranged and Australia is a good example of the country whose law recognizes same sex marriage on the basis of equality for all genders. 

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My response 

At first when I saw this news, I was so excited about the development of Thai legal system because in Thailand, homosexuality is not socially acceptable for many people and some still insist that the sanctity of marriage only exists in different-sex marriage. However, when I read the article I think that Thailand really cannot get over this discrimination againstLGBT because even the law that is expected to grant marriage equality to the same sex couples, they are not entitled to all rights received by different-sex couples. It seems to me that Thailand has not been serious about dignity of same-sex couples. 

Another question also occurs to me while reading the news; why marriage of the LGBT has to be recognized by law different from the ordinary marriage law. Why don’t we revise the marriage law to cover all single-sex couples? Through this way, I think it will decrease persecution suffered by LGBT community and diminish difference between LGBT and straight man or woman among Thai public. Even if people in this generation will not be fully accustomed to this, it is a good start to pave a way for next generations to understand and be more open-minded about LGBT group. 
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My question

Isn’t it better to use the same law to recognize marriages between same-sex and different-sex spouse? Or it is necessary to use different law?
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Reference


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1 comment:

  1. Peter AUA13 July 2018 at 19:36

    I agree with Minnie that a better solution would be to amend the existing marriage laws to remove all references to gender, merely talking about marriage as being between two persons. If the law treats women and men differently in marriage, then the law seems to be prejudiced, and that, as Law points out, is morally wrong. But if men and women are treated as being the same under existing marriage laws, then it should make no difference to remove references to sex, specifying only a person in a relationship with a person.

    That said, I think some progress is better than none, and the move to civil partnerships might help people realise that there is no good reason not to treat two loving (or whatever the motivation is) people as deserving of exactly the same treatment as any other couple under marriage laws.

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