Academic Study Project for Supporting the Drafting of Civil Partnership Act B.E. ....

Main Article Content

Sathita Wimonkunarak
Theradej Manoleehagul

Abstract

There is a proposed draft of the Civil Partnership Bill, which aims to guarantee the right of same-sex couples to establish a family to address various issues such as the right to receive benefits for same-sex couples living together, inheritance issues, and joint adoption. The research team has studied the laws related to same-sex marriage in different countries, as well as principles of various religions, to support the proposal of the Civil Partnership Bill. It was found that the bill still grants fewer rights than those of married couples under the Civil and Commercial Code, leading the group of individuals with diverse sexual orientations to view it as discriminatory. Additionally, after studying the principles of different religions, it was found that same-sex couples’ relationship contradicts the beliefs of Christianity and Islam. However, enabling this legal right to civilians is separated from the religious beliefs. Religious officiants must not be compelled to perform same-sex marriage ceremonies for individuals with diverse sexual orientations to respect the beliefs of different religions. Therefore, the research team recommends that the essential contents of the Civil Partnership Bill should be developed to ensure equality and non-discrimination.

Article Details

How to Cite
Wimonkunarak, Sathita, and Theradej Manoleehagul. “ . ”. Naresuan University Law Journal 16, no. 2 (December 23, 2023): 245–277. Accessed April 28, 2024. https://so04.tci-thaijo.org/index.php/lawnujournal/article/view/264982.
Section
Research Articles
Author Biography

Theradej Manoleehagul, School of Law, Sukhothai Thammathirat Open University, 9/9 Moo 9, Bang Phut, Pak Kret, Chang Wat Nonthaburi, 11120

Sathita Wimonkunarak is the first author. Theradej Manolehagul is the corresponding author.

References

Athip Chantanaroj. “The Exercise of Discretion Based on “Any Other Reason” under the Constitution of the Kingdom of Thailand B.E. 2560.” Journal of Law, Economics, and Social Sciences 4, no. 11 (2020): 35-56. [In Thai]

Avikarat Niyomthai. “Draft Cohabitation Bill B.E. .... Part 1: Concept of Cohabitation Law.” Julaniti 16, no. 2 (2019): 141-149. [In Thai]

BBC News. “Lgbt: The Taiwan Parliament Passes the Law Allowing Same-Sex Marriage, Marking the First Time in Asia.” Accessed February 11, 2022. https://www.bbc.com/thai/international-48307052. [In Thai]

Central News Agency. “Same-Sex Couples Married in Christian Church.” Last modified 2013. Accessed April 22, 2022. https://www.taiwannews.com.tw/en/news/2375433.

Charan Kosananan. Stateless Human Rights. 2nd ed. Bangkok: Nititham, 2013. [In Thai]

Constitutional Drafting Committee. “Report on the Work Progress of the Commoner’s Drafting Committee, Recording of Sentiments, Minutes, and Monitoring of the Constitutional Drafting Committee’s Meetings.” August 3, 2007. [In Thai]

Fairbairn, Catherine. “Marriage of Same Sex Couples across the Uk: What’s the Same and What’s Different?” Last modified 2014. Accessed February 25, 2022. https://commonslibrary.parliament.uk/research-briefings/rp14-29/.

Hatairat Boonyopattham. Petchrat Saisombut, and Poom Moonsilpa. Research Report Analyzing the Draft of the Marriage Registration Act B.E. …. (Research Report). Bangkok: King Prajadhipok’s Institute, 2019. [In Thai]

Heneghan, Tom. “French Muslims Join Opposition to Same-Sex Marriage.” Last modified 2013. Accessed April 21, 2022. https://www.reuters.com/article/us-france-marriage-muslim-idUSBRE9060IT20130107.

iLaw. “Clarifying the Issue from the Constitutional Court’s Ruling: Not Disregarding the Law, but Not Understanding It.” Last modified December 3, 2022. Accessed April 30, 2022. https://ilaw.or.th/node/6036. [In Thai]

iLaw. “Marriage Equality: Looking Back at the Struggles and Victories of Other Countries.” Accessed February 11, 2022. https://ilaw.or.th/node/6009. [In Thai]

Impartial Reporter. “Priest: Catholics Support the Dup.” Last modified April 18, 2013. Accessed February 26, 2022. https://www.impartialreporter.com/news/13862242.priest-catholics-support-the-dup/.

Library of Congress. “Taiwan: Same-Sex Marriage Law Enters into Effect.” Last modified 2019.

Accessed February 11, 2022. https://www.loc.gov/item/global-legal-monitor/2019-06-18/taiwan-same-sex-marriage-law-enters-into-effect/.

Nuttawut Chaisayan. “The Law Recognizing the Status of Same-Sex Couples for Life Partnership of Individuals with a Non-Heterosexual Sexual Orientation.” PhD diss, Faculty of Law, National Institute of Development Administration 2015. [In Thai]

Pairot Kampoosiri. “The Development of Same-Sex Marriage Laws in France.” Law journal Faculty of Law University of the Thai Chamber of Commerce 43, no. 3 (2014): 498 -515. [In Thai]

Patcha Hengsadeekul. “The First Marriage in the World and the Not-So-Romantic Reality of Weddings.” Accessed February 11, 2022. https://www.krungsri.com/th/plearn-plearn/first-marriage-history. [In Thai]

Phra Kusol Supanetto, Phra Maha Weeratit Warinto, and Phra Panya Rattanakorn. “Sexual Relationships: An Analysis Based on Buddhist Ethics.” Journal of Humanities and Social Sciences 3, no. 1 (2009): 91-104. [In Thai]

Portail du Government. “Marriage Pous Tous: La Loi Entre Engueur.” Last modified 2013. Accessed February 24, 2022. http://www.gouvenement.fr/gouvenement/projet-de-loi-marriage-pour-tous.

PPTV Online. “Marriage Equality: With 30 Countries That Legally Recognize It, It Opens up Gender Equality in Various Aspects.” Accessed February 11, 2022. https://www.pptvhd36.com/news/สังคม/160775#&gid=null&pid=2.

[In Thai]

Reid, Karen. A Practitioner’s Guide to the European Convention of Human Rights. London: Sweet & Maxwell, 1998.

Roth, Mariranne. “The Norwegian Act on Register Red Partnership for Homosexual Couples.” University of Louisville Journal of Family Law 16, no. 2 (1994 - 1995): 467-472.

Saowanee Jitmuad. Islamic Culture. 3rd ed. Bangkok: Tang-num, 1992. [In Thai]

Stark, Barbara. International Family Law. Aldershot: Ashgate, 2005.

Steger, Isabella. “From Dictatorship to Lgbt Paradise: Taiwan’s Road Towards Marriage Equality.” Last modified 2017. Accessed April 22, 2022. https://qz.com/875131/taiwans-unlikely-road-to-marriage-equality/.

Thailand Bible Sociery. The Holy Gospel. Bangkok: Thailand Bible Society, 1971. [In Thai]

UCA News. “Catholic Church in Taiwan Opposes Same-Sex Marriage.” Accessed April 22, 2022. https://www.ucanews.com/news/catholic-church-in-taiwan-opposes-same-sex-marriage/83937.

UK Parliament. “Civil Partnership for Opposite Sex Couples.” Last modified 2020. Accessed April 28, 2022. https://commonslibrary.parliament.uk/research-briefings/cbp-8609/.

Voice Online Editorial Team. “Taipei’ Moves Forward to Solve Immigration Issue and Broaden Same-Sex Marriage for Foreigners in Taiwan.” Accessed February 11, 2022. https://voicetv.co.th/read/WwUVs6akJ. [In Thai]

Wen-Shai Hung. “An Empirical Analysis of Same-Sex Marriage in Taiwan.” Theoretical Economics Letters 8, no. 15 (2018): 3301-3312.

Wimonsiri Chamnanvej. “The Rights to Same-Sex Marriage.” Thammasat Law Journal 41, no. 4 (2012): 877-878. [In Thai]