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Thai Court Rules LGBT Marriages are Unconstitutional

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Thai Court Rules LGBT Marriages are Unconstitutional

Thailand’s Constitutional Court ruled unanimously that same-sex marriage is unconstitutional LGBT couples will have to wait for legal changes. The court ruled that Section 1448 of the Civil and Commercial Code, defining marriage as being a union between a man and a woman, is only constitutional.

The Constitutional Court did, however, suggest that lawmakers, the cabinet, and relevant state agencies should enact a law to codify the rights of Thailand’s LGBT community.

The same-sex marriage 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 belong to the LGBT group, in which they claimed that they should be allowed to marry legally and that Section 1448 of the Civil and Commercial Code was 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 of the Civil and Commercial Code 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.

The section does not mention same-sex marriage or unions and would need to be amended by lawmakers in order for the marriages to be deemed constitutional.

Source: Thai PBS

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