Earlier this month, the Bangkok Pride parade drew a slew of rights defenders and supporters -- LGBTQ activists, politicians, ambassadors, international organisations, and businessmen. It took place under a fresh political atmosphere given the recent victory of the pro-democracy parties in the May 14 election. If these parties are allowed to govern, the future for the LGBTQ community is promising. However, before the marriage equality bill passed the first reading, it was strongly criticised, especially for supporting "unnatural behaviour".
It is misleading to conclude that Thailand is really an open society -- despite the strong presence of gay, lesbians and ladyboys in various businesses. In villages in Isan, the northeastern region of Thailand, many ladyboys are accepted if they can generate household income, even if it means working in the sex industry in Pattaya or Phuket. However, if they get infected with HIV or are no longer capable of generating money, they are often abandoned by their families. In short, the dignity afforded to LGBTQ people is usually measured by their economic value in the market.
In the early days, policymakers rarely supported the legalisation of same-sex marriage. Indeed, what draws lawmakers in parliament to support this controversial subject is the economic benefit that LGBTQ groups bring to the economy and tourism. The rights of LGBTQ people are now being treated as a commodity. Many local governments in Thai provinces, including in Isan, are now agreeing to organise pride parades because they see it as a cash cow, with little consideration given to the rights of LGBTQ people.
It is little more than a fairytale to claim the LGBTQ community is openly accepted in Thailand. It is just a slightly higher level of social tolerance, misleading the public into thinking there is no discrimination against the Thai LGBTQ community. Indeed, Thai society has been taking the "a don't ask, don't tell" approach towards the LGBTQ community while at the same time drawing a line for LGBTQ people not to cross. This begs the question, should LGBTQ people be satisfied with the limited rights and limited space granted them by Thai society?
After all, legal protection can only be achieved when the state understands its role as a protecter and defender of people's rights, which has not been the case in Thailand since the 2014 coup. The rights of LGBTQ people were redefined at that time and scaled down to fit with the idea of "being natural". But what does this mean?
When individuals express their affections, sexual desires and preferences to the same gender, does the government and society have an arbitrary right or any legitimacy to prohibit such personal desire by an individual?
Fortunately, this line is now fading away with the rise of the progressive movement in Thai society, with more young people embracing diversity and refusing to be confined by their birth-assigned gender or sexual orientation. Thanks to the political protests against the military-led government since 2020, more young people now support social diversity and gender equality issues such as feminism and the rights of the LGBTQ group.
The recent election campaign marked a watershed moment for LBGTQ rights. Pro-democracy parties such as the Move Forward Party have made LGBTQ rights one of their flagship policies.
The political campaign to promote and protect LGBTQ rights was unprecedented, in fact. That being said, there were only a few parties that included LGBTQ rights and the legalisation of same-sex marriage in their political manifestos. Nonetheless, this raises hope for a better future for LGBTQ rights.
With 95% of the population adhering to Buddhism -- which does not have any teachings or precepts against the LGBTQ community, unlike Christianity and Islam -- religion is not a main obstacle to the promotion and protection of LGBTQ rights in Thailand.
In Europe, with the influence of Christianity, same-sex activities were only decriminalised in the 20th century, and more countries there have begun to legalise same-sex partnerships and marriages. Denmark was the first to legalise same-sex unions in 1989.
For almost half a century, from 1908-1956, same-sex activities were criminalised in Thailand, influenced by European laws. But while some LGBTQ people have been prosecuted, many more have been victimised by social norms and practices. A number of public and private organisations have their own rules that undermine LGBTQ rights, with little consideration of the constitutional rights of Thai citizens.
Despite these enabling factors -- such as Buddhism, social tolerance and the rise of a more progressive party in power -- campaigns and laws to promote LGBTQ rights will only succeed when Thailand, as a country, acknowledges the LGBTQ community, not just as a commodity but as a welcome asset to society on all levels.
Equality and same-sex marriage must not be portrayed as privileges. The social solidarity to materialise equality and inclusivity is crucial, as Thailand often characterises itself as the "land of smiles". Thais can only smile when they are treated with equal dignity and equal rights, regardless of their sexual orientation or preferences.
Titipol Phakdeewanich is a political scientist at the Faculty of Political Science, Ubon Ratchathani University, Thailand. He is currently a visiting researcher at the Peace Research Institute Oslo (PRIO), Norway.
