marriage equality

• ESTONIA: ‘Legal changes deepen the cultural shift favourable to LGBTQI+ rights’

  CIVICUS speaks about civil society’s role in the recentlegalisation of same-sex marriage in Estonia with Kelly Grossthal, head of strategic litigation at the Estonian Human Rights Centre (EHRC).

  Established in 2009, the EHRC is a human rights civil society organisation (CSO) working to create anopen society where human rights are guaranteed by the state, and where everyone knows that their rights, as well as the rights of others, deserve equal protection. 

  How significant is the recent legalisation of same-sex marriage?

  Marriage equality has always been the ultimate goal of LGBTQI+ and human rights advocates. The previous arrangement, that of civil unions, was only a temporary compromise. In 2014, the Estonian parliament passed the gender-neutral Registered Partnership Act, which came into force in 2016. Under this law, couples entering a partnership agreement are entitled to joint property rights, succession rights, shared financial obligations, access to each other’s private information and resolution of issues related to the end of life. However, due to the law’s lack of implementation provisions, many couples had to resort to the courts to be able to actually exercise these rights.

  In 2018, the Supreme Court ruled that, regardless of the lack of implementing provisions, the Registered Partnership Act was in force and was part of the Estonian legal order. It stated that failure to issue implementing provisions did not automatically render the legislation unconstitutional, as some argued. This highlights that even with the Registered Partnership Act in place, the struggle for marriage equality persisted.

  How did the EHRC advocate for legal change?

  Since its establishment in 2009, the EHRC has monitored legislation that impacts on LGBTQI+ people and put forward suggestions to improve it. Our main advocacy goal has always been legal equality. However, we have encountered numerous obstacles, primarily stemming from the political climate and societal attitudes. For many years LGBTQI+ rights lacked support from public opinion, and therefore it was not advantageous for politicians to actively champion the cause.

  We have conducted public campaigns advocating for LGBTQI+ rights as human rights, engaged in research, contributed to public discussions and pursued legal cases through our strategic litigation programme. Strategic litigation aims to have a societal impact through specific cases and narratives. When selecting cases related to the LGBTQI+ community, our primary criterion is their potential to maximise a positive outcome for LGBTQI+ people’s human rights.

  We handled several cases that have improved access to social benefits and adoption rights for LGBTQI+ people and filed petitions for constitutional review of regressive laws. For instance, in 2019 the Supreme Court ruled that a provision in the Aliens Act that prevented the granting of temporary residence permits to same-sex registered partners of Estonian citizens for leading a family life in Estonia was unconstitutional and therefore invalid.

  Many of our advocacy efforts have been planned and executed in cooperation with the Estonian LGBT Association and the Equal Treatment Network, which unites 10 Estonian CSOs dedicated to protecting the equal rights of different target groups.

  How have public attitudes towards LGBTQI+ people evolved over time?

  Just a couple of years ago, the majority of Estonians opposed marriage equality. Resistance could have been influenced by personal values, religious beliefs, or a fear of change. Over the past few years, however, there has been intense societal debate over LGBTQI+ issues. Various video campaigns and petitions have been launched both in support of and against the Registered Partnership Act, marriage equality and LGBTQI+ rights more generally. Unfortunately, this has led to an increase in hate speech towards LGBTQI+ people, fuelled by conservative politicians. But it had the positive effect of making rainbow families more visible, as they shared their stories in response to anti-rights attacks.

  The ongoing debate and increased visibility have played a crucial role in driving cultural change and garnering support for LGBTQI+ rights. The adoption of the Registered Partnership Act and the legalisation of same-sex marriage were two big milestones. Legal changes seem to have further deepened the positive cultural shift.

  For over a decade the EHRC has commissioned public opinion surveys on LGBTQI+ issues from an independent research company, Turu-uuringute AS. According to the most recent one, conducted earlier this year, support for marriage equality has increased by six points in the past two years, with 53 per cent of Estonians currently in favour. Progress has been significant: a decade ago only 34 per cent were in favour and 60 per cent opposed it.

  Civil society has been instrumental in shifting public opinion about LGBTQI+ people, with numerous LGBTQI+ groups and networks organising events for both LGBTQI+ people and the public as a whole.

  The Estonian LGBT Association has been the main organiser of Baltic Pride, the most recent of which took place in the capital, Tallinn, in June, just before the parliamentary vote on marriage equality. It attracted over 7,000 participants from three Baltic states and there were no major incidents. It was a truly joyous march followed by an open-air concert with community artists and a picnic.

  Since 2017, Estonia has also hosted an LGBTQI+ film festival, Festheart, organised by a small CSO. Initially held in the town of Rakvere, by 2020 it had expanded to Tartu, Estonia’s second-largest city.

  Has the legalisation of same-sex marriage elicited any anti-rights backlash?

  As anticipated, there has been a conservative backlash in response to the new legislation. Two parties, the Conservative People’s Party of Estonia and Isamaa (Fatherland), have been vocal opponents of LGBTQI+ rights in general and marriage equality in particular. Their leaders and prominent members have expressed great dissatisfaction with the new law, and some politicians have pledged to reverse it should conservative parties regain power.

  The anti-LGBTQI+ civil society movement in Estonia is closely linked to conservative parties. A few weeks before the final parliamentary vote, conservative CSOs and parties organised a demonstration in front of parliament. Surprisingly, it attracted only a few thousand protesters and was not as visible and large as some previous demonstrations. Nonetheless, protests of this nature will likely continue in some form, although their scale and impact are difficult to predict.

  Do you think progress in Estonia can pave the way for similar developments in other post-Communist countries?

  We certainly hope so! At the same time, it is crucial to acknowledge that each country in our region is distinct, with its own language, culture and political landscape. In the case of Estonia, there’s currently a ruling coalition with all three members prioritising individual liberties, which has provided civil society with a historic opportunity to advance marriage equality. Hopefully, favourable conditions will also arise for our Baltic friends and beyond.

  Meanwhile, we are delighted to share our experiences, both failures and successes, with our regional allies. Although we are a traditional human rights advocacy organisation, we maintain strong connections with LGBTQI+ CSOs in Latvia and Lithuania. We have collaborated on several international projects related to combating hate speech, working with victims of hate crimes and promoting equal treatment.

  What forms of international support does Estonian civil society need to keep supporting LGBTQI+ people and advancing their rights? 

  International cooperation and support are incredibly important. Human rights work can be frustrating at times, and it is comforting to connect with others working in other countries and facing similar societal and personal struggles. While it may sound like a cliché, it is vital to establish connections, share experiences and learn from each other. This process is empowering and fosters development.

  It is crucial to recognise that marriage equality alone will not solve all the problems. Issues such as bullying of LGBTQI+ children, harassment of LGBTQI+ people, anti-LGBTQI+ hate speech, disinformation, intolerance and the denial of transgender rights continue to be pressing concerns. We have seen in other countries that progressive laws and legal precedents can be reversed. Therefore, it is essential for like-minded individuals and CSOs to cooperate across borders. Just as we are currently endeavouring to support the human rights of Hungarian LGBTQI+ people through various actions and means, we hope to receive support ourselves in times of urgent need.

  Civic space in Estonia is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with the Estonian Human Rights Centre through itswebsite or itsFacebook page.

• JAPAN: ‘Each victory brings backlash, but LGBTQI+ people will keep fighting for equality and dignity'

  CIVICUS speaks about the struggle for LGBTQI+ rights in Japan withAkira Nishiyama, Deputy Secretary General of the Japan Alliance for Legislation to Remove Social Barriers based on Sexual Orientation and Gender Identity (Japan Alliance for LGBT Legislation, J-ALL).

  Founded in 2015, J-ALL seeks to remove social barriers based on sexual orientation and gender identity (SOGI). It does so by convening consultations, producing research, developing policy proposals, raising awareness among the public and lobbying government officials and legislators.

  What are the implications of recent court rulings on same-sex marriage in Japan?

  In 2019, five lawsuits were filed at Japanese district courts addressing same-sex marriage. Four out of five court rulings were positive. Nagoya and Sapporo district courts declared that not allowing same-sex marriage was against the Constitution, while Fukuoka and Tokyo district courts ruled that it was ‘in a state of unconstitutionality’.

  The Osaka court was the only one to rule negatively on the three constitutional clauses in question. Clause 1 of article 24 says that marriage shall be based on the mutual consent of both sexes, and the court argued that this clause pertains to heterosexual couples only and doesn’t guarantee same-sex marriage. The court affirmed that legal protection for same-sex relationships hasn’t been fully discussed yet and therefore the Civil Code and Family Register Act, which doesn’t recognise same-sex marriage, is not against clause 2 of article 24, which upholds individual dignity and the essential equality of sexes in matters of marriage and family. Finally, the court argued that there are now minimal differences in the treatment of heterosexual and same-sex couples, and so the lack of recognition of same-sex marriage doesn’t violate article 14, which guarantees equality under the law.

  Have you seen any positive change in public attitudes to LGBTQI+ people?

  Since the lawsuits were filed, there have been significant societal changes. Various surveys indicate public support for same-sex marriage, and over 300 municipalities have introduced a partnership system for same-sex couples.

  According to the 2019 research led by Professor Kazuya Kawaguchi from Hiroshima Shudo University, almost 65 per cent of the population supports same-sex marriage, with the percentage reaching 80 per cent among people in their 20s and 30s. Also, almost 88 per cent support legislation prohibiting bullying and discrimination against sexual minorities. Similar results have been observed in other studies.

  How positive is the recently adopted law against discrimination?

  The law passed in June 2023 is not an anti-discrimination law based on the grounds of sexual orientation and gender identity (SOGI), because it lacks the tools to address actual cases of discrimination. It should be understood as a ‘SOGI Understanding Law’: it primarily aims to promote public awareness of sexual and gender diversity. It mandates the government to create a basic implementation plan and operational guidelines, publish an annual white paper to monitor progress, conduct academic research and establish a liaison council to coordinate policy implementation. It also encourages ‘efforts’ by national and local governments, employers and schools to promote understanding through awareness-raising, setting up consultation services, educational activities and other necessary measures.

  LGBTQI+ groups are concerned that article 12, which states that in implementing the measures each actor shall pay attention to ensure that all citizens can live with ‘peace of mind’ regardless of SOGI, may be interpreted by right-wing groups intentionally to mean that if one person raises concerns, local government cannot implement those measures. However, during the legislative session it was clarified that article 12 was added to emphasise a guiding principle stipulated in article 3, which declares that all citizens, irrespective of their SOGI, are respected as irreplaceable individuals who share basic human rights equally, and unjust discrimination based on SOGI is inexcusable.

  Japanese civil society is still uncertain whether this law will have a positive impact, given that the implementation plan and guidelines are yet to be formulated. We hope that the law will be interpretated and applied in accordance with the guiding principles based on a thorough understanding of the legislator’s intention.

  Have these legal changes been met with an anti-rights backlash?

  This year, anti-LGBTQI+ remarks made by a former secretary of the prime minister in February and Japan’s hosting of the G7 Summit in May accelerated a social movement urging anti-discrimination legislation. As a result, there has been heightened criticism from some conservative members of the ruling Liberal Democratic Party (LDP) and religious groups.

  Anti-transgender discourse has surged by exploiting women’s anxieties. It has gone along the lines of ‘if the law is passed, men claiming to be women will be able to come into women’s public toilets and baths (‘Sento’ in Japanese)’. A new caucus was formed within the LDP, allegedly to protect the peace of mind and safety of women and the fairness of women’s sports. Members of this caucus submitted a request to the Ministry of Justice to keep the ‘compulsory sterilisation’ requirement for legal gender recognition. The LGBTQI+ community must continue discussions on how to counter this backlash.

  What are the next steps in your struggle?

  Three crucial steps should be taken. First, a proper anti-discrimination law banning discrimination on the basis of SOGI must be enacted. Second, marriage equality must be recognised.

  And third, inhumane requirements for legal gender recognition must be removed through the revision of the Act on Special Cases in Handling Gender Status of Persons with Gender Identity Disorder or the approval of new legislation. The compulsory sterilisation requirement has been criticised both domestically and internationally. Recommendations to eliminate it were formulated by various states at Japan’s Universal Periodic Review by the United Nations Human Rights Council in January 2023. However, the Japanese government did not accept these recommendations. A Supreme Court ruling on the constitutionality of this requirement is expected by the end of this year, and we hope it’ll mark the beginning of a movement to amend Japan’s gender recognition law.

  While many other things must be done to protect the human rights of LGBTQI+ people in Japan, we believe it’s crucial to first amend and enact laws on these three issues.

  What international support do you receive, and what is needed?

  At the international level, LGBTQI+ organisations from G7 member states, including us, have formed a new civic engagement group named ‘Pride7’ (P7) to highlight human rights violations related to SOGI globally and propose policy recommendations at G7 summits. In March, we organised the P7 summit with activists from G7 and global south countries and, as a result, handed the P7 communiqué to the governments of Japan, the UK and the USA. Additionally, 15 embassies in Japan released a joint video message ahead of the G7 Summit in Hiroshima, urging protection for the rights of LGBTQI+ people and expressing intolerance towards discrimination. With substantial support from the international community, we aim to pass on the P7 presidency to Italy, the host of the 2024 G7 summit.

  We would appreciate your support to inform wider audiences about the current situation in Japan. Please follow our activities on our website or social media, and contribute through either a one-time or a monthly donation. If you represent a private company, we invite you to cooperate by adhering to the Declaration of Business Support for LGBT Equality in Japan, which we promote as a part of our global campaign called ‘#EqualityActJapan‘.

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  Civic space in Japan is rated ‘narrowed’ by theCIVICUS Monitor.

  Get in touch with J-ALL through itswebsite or itsFacebook page, and follow@lgbtourengokai on Twitter.

• LATVIA: ‘The legalisation of same-sex civil partnerships has brought instant conservative backlash’

  

  CIVICUS speakswith Kaspars Zālītis, a human rights activist and board member of Mozaika,about therecent legalisation ofsame-sex civil partnerships in Latvia.

  Founded in 2006, Mozaika is the oldest LGBTQI+ civil society organisation (CSO) in Latvia. It promotes gender equality and anti-discrimination, raises awareness of diverse sexual orientations, gender identities and expressions of identity, promotes an understanding of diverse family models and their legal recognition and advocates for the harmonisation of Latvian laws with international standards.

   

  How significant is the legalisation of same-sex civil partnerships in Latvia?

  The Latvian parliament’s decision to legalise same-sex civil partnerships is historic, particularly considering the nine unsuccessful attempts that preceded it, spread over 24 years.

  The decision, which involves eight separate pieces of legislation granting various rights to people in same-sex civil partnerships, is the first step, and a very significant one, to pave the way for further recognition of LGBTQI+ human rights in Latvia. This victory stands as a collective achievement of LGBTQI+ organisations working in tandem with legislators and shows how cooperation between civil society and politicians can foster positive change.

  We have some wonderful politicians who facilitated the adoption of this package of laws, while we take the credit for having persuaded them to include LGBTQI+ issues on their agenda. Latvia’s first out LGBTQI+ president has also greatly contributed to a positive image and representation of the community.

  Have you experienced backlash?

  We’ve experienced instant conservative backlash and the issue is not yet settled. The civil partnership bill was passed by a small majority, and opposition parties asked the president not to promulgate it so they could have time to collect signatures for a referendum to repeal it.

  As of today, seven out of eight amended laws have already been signed and are set to come into force on 1 January 2024, allowing people in same-sex civil unions to enjoy some social security and tax benefits and hospital visiting rights. However, the crucial piece of legislation that would allow notaries to register same-sex civil partnerships has been put on hold while the opposition seeks to collect the more than 155,000 signatures needed to call a referendum.

  If called, the referendum will be binding if at least 50 per cent of the people who voted in the last election show up and vote. And if a majority of them rejects the law, it will be repealed.

  The Latvian LGBTQI+ community is hopeful that this move won’t succeed. Hopefully there will be no referendum, or not enough people will vote in it if there is one, or they will vote against the repeal. We hope the president will be able to promulgate the law so that it can come into force by mid-2024.

  How is Mozaika working to advance LGBTQI+ rights in Latvia?

  Mozaika is Latvia’s only LGBTQI+ advocacy organisation and for a long time it was the only LGBTQ+ organisation in Latvia. We held a monopoly on LGBTQ+ issues, which resulted in some issues being overlooked due to resource constraints. Thankfully, several new LGBTQI+ organisations have recently been established to bridge the gaps.

  Over 18 years, Mozaika has done a lot of work in advocacy, organising Pride events, conducting capacity development for civil society and providing training for the police and other professions. We have continuously engaged in conversations and raised awareness about LGBTQI+ issues among the public. Our efforts have led to a significant improvement in social attitudes toward LGBTQI+ people. In 2015, only nine per cent of people had a positive attitude, with around half neutral. A recent poll indicates a shift, with 25 per cent now expressing a positive attitude, while half maintain a neutral stance.

  How do you connect with the international LGBTQI+ movement, and what further support do you need?

  We cooperate closely with regional LGBTQI+ organisations to exchange best practices and learn from each other. One of the greatest examples of our cooperation is the annual Baltic Pride, rotating between the capitals of Estonia, Latvia and Lithuania, with Latvia’s capital Riga hosting the event in 2024. Mozaika is also a part of international umbrella organisations, including ILGA-Europe.

  Like every CSO, we struggle with funding sustainability to maintain our activities and ensure financial independence. Given that LGBTQI+ issues are still not popular among local funders, Latvian LGBTQI+ organisations face additional challenges. Even though we’ve achieved significant milestones, we urge the international community to keep monitoring the political situation in Latvia to avert a broader conservative backlash that could jeopardise our accomplishments.

  What are your next steps?

  The positive changes witnessed since our founding in 2006 reflect the extensive and strategic character of our work. We’re going to persist in litigation on various fronts, such as addressing inheritance rights, seeking recognition for same-sex couples who have married or registered abroad and advocating for the recognition of the children of same-sex families. We’ll also keep working to combat the rising trend of online hate speech and anti-LGBTQI+ propaganda.

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  Civic space in Latvia is rated ‘open’ by theCIVICUS Monitor.

  Get in touch with Mozaika through itswebsite or itsFacebook page and follow@lgbt_mozaika andKasparsZ on Twitter.

  The opinions expressed in this interview are those of the interviewee and do not necessarily reflect the views of CIVICUS.

• SRI LANKA: ‘We’ve held Pride celebrations since 2004; we’re very proud of what we have achieved’

  CIVICUS speaks about the status of LGBTQI+ rights and progress being made towards decriminalising homosexuality in Sri Lanka with Rosanna Flamer-Caldera, founder and Executive Director of EQUAL GROUND.

  Founded in 2004, EQUAL GROUND is the oldest LGBTQI+ civil society organisation (CSO) in Sri Lanka. It fights for the recognition and realisation of civil, political, economic, social and cultural rights and focuses on empowerment, wellbeing and access to health, education, housing and legal protection services for Sri Lanka’s LGBTQI+ people.

  How has the situation of LGBTQI+ rights in Sri Lanka recently changed?

  We still have laws inherited from British colonial times that date back to 1883. These are articles 365 and 365A of the Penal Code, which criminalise ‘carnal intercourse against the order of nature’ and ‘acts of gross indecency’. Both of these target LGBTQI+ people.

  Sri Lanka is among over 40 former British colonies that also criminalise same-sex sexual relationships between women. In 2018, I filed a complaint with the United Nations (UN) Committee for the Convention on the Elimination of All Forms of Discrimination against Women. In its decision, finally taken in February 2022, the Committee requested that the Sri Lankan government decriminalise homosexuality in general and between consenting same-sex women specifically.

  Soon after, in August 2022, a private member’s bill to decriminalise homosexuality was put forward in parliament. In February 2023, in response to Sri Lanka’s Universal Periodic Review at the UN Human Rights Council, where most LGBTQI+ organisations requested the repeal this legislation, the Sri Lankan Minister of Foreign Affairs said that Sri Lanka would follow this recommendation, while making clear it would not legalise same-sex marriage. We understand that’s a fight for another day.

  In the meantime, the bill reached the attorney general of Sri Lanka, who released an order that both articles of the Penal Code were to be repealed rather than amended, which made us very happy. But as soon as the bill started being discussed in parliament, a petition was filed claiming it was unconstitutional. There were more than 12 intervening petitions filed to counter this petition, and in response the Supreme Court issued a ground-breaking decision stating that the bill amending the Penal Code to decriminalise consensual same-sex behaviour does not violate the Constitution of Sri Lanka. The case specifically touched upon the concepts of human dignity and privacy underlying equal rights for all, because the preamble of our constitution recognises the value of dignity. The Supreme Court of India used a similar argument in a 2018 case on the right to equality, saying that ‘life without dignity is like a sound that is not heard. Dignity speaks, it has its sound, it is natural and human’.

  Now, the bill is up for a parliamentary vote, and all it needs to pass is a simple majority. While the government has said it will decriminalise homosexuality, there are still homophobes in the government. But we hope that the vote will turn out positively. 

  What role has civil society played in the case?

  EQUAL GROUND was among the organisations that submitted petitions in the case that was filed with the Supreme Court. Not only LGBTQI+ organisations, but many other CSOs and individuals also took part in the process. Petitions were also filed by a former UN Special Rapporteur on violence against women and by professors, lawyers, activists and people from all walks of life. The was a lot of positive media coverage, on top of civil society work to create awareness and take to the media to promote the issue.

  Of course, there has also been backlash, with some members of parliament attacking the bill and others reconsidering support following a recent Pride march that many thought was not appropriate to Sri Lankan culture due to partial nudity and problematic messaging.

  How would you describe relations between Sri Lanka’s LGBTQI+ people and state authorities?

  The police have played a huge role in subjugating LGBTQI+ people in Sri Lanka. Not coincidentally, the first event at Colombo Pride 2023 will be devoted to discussing the more than 200 human rights violations against LGBTQI+ people that have been recently recorded in Sri Lanka. In most cases the perpetrator has been linked to the police.

  In 2021, EQUAL GROUND filed a case against the police for hiring a motivational speaker who propagated among officers a narrative connecting child abuse and homosexuality. We won the case and the police have been forced to distribute instructions to all police stations alerting officers to be very mindful of their treatment of LGBTQI+ people, particularly transgender people. This has made it clear that asking for sexual favours, blackmailing LGBTQI+ people and stopping them on the streets with no probable cause is against the law.

  With the aim of protecting LGBTQI+ people from police brutality, we reopened the case, and the police have recently promised to the court that they will change the terminology to make it inclusive of all LGBTQI+ people. Our strategy was to engage only three LGBTQI+ people along with several heterosexual people, to show the court this was an issue for everyone and not just LGBTQI+ people. Doing it with straight support also showed that not everyone shared anti-LGBTQI+ prejudice. The fact that we filed these cases and got some form of commitment from the authorities was ground-breaking.

  Our upcoming Pride march has been sanctioned by the police. We sought their permission, and we’re proud to say that we have been the first organisation to officially get it. Right now, we have a very good Inspector General of Police, he’s easy to talk to, but there’re rumours he will be replaced in three months. I would say there are mixed elements in the current relations between LGBTQI+ people and the authorities.

  How does EQUAL GROUND advocate for LGBTQI+ rights?

  Our fight, even after decriminalisation is achieved, will continue to aim to integrate LGBTQI+ people into our society. This is the cause we have been working on for the last 19 years.

  We’ve held sensitising and educational programmes around the country. We’ve run a lot of social media and mainstream media campaigns, produced research backing our claims regarding the number of people who identify as LGBTQI+ in Sri Lanka and the kind of challenges they face, and have created self-help books for families and allies of LGBTQI+ people. We have an ongoing campaign that has been running for over a year called ‘Live with Love‘, targeted at people who are not haters but are rather neutral or in-between, and could be swayed either way.

  All that’s happened over the last 19 years has given rise to many other LGBTQI+ organisations in Sri Lanka that have become involved in advocacy and the struggle for non-discrimination and decriminalisation. When we established our organisation back in 2004, we were the only ones fighting for all LGBTQI+ people, and we remained alone in this journey for a very long time. Only after 2015 did other organisations and people start coming out and getting involved. Until then we lived under a dictatorship and it was difficult to be open, but we have held Pride celebrations since 2004. Our Pride celebrations are turning 19 this year, and so is EQUAL GROUND. We’re very proud of what we have achieved so far.

  What forms of international support are Sri Lanka’sLGBTQI+ organisations receiving, and what further support would you need?

  We are quite underfunded due to inflation and the ever-rising cost of living, so we aren’t sure that we can retain good staff considering the scale of wages we’re able to pay. We’ve also lost funding due to the fluctuating exchange rate. The state of the economy is one of our major issues, so funding is always welcome.

  EQUAL GROUND has been constantly involved in various networks internationally that have opened up avenues of funding and learning, including the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and ILGA Asia, Innovation for Change (I4C), and the Commonwealth Equality Network, a network of Commonwealth countries and their LGBTQI+ organisations.

  Civic space in Sri Lanka is rated ‘obstructed’ by theCIVICUS Monitor.

  Get in touch with EQUAL GROUND through itswebsite or itsFacebook page, and follow@EQUALGROUND_ on Twitter.

• THAILAND: ‘Marriage equality is likely to pass – and inspire change in other Asian countries’

  

  CIVICUS speaks about the progress being made toward legalising same-sex marriage in Thailand with Mookdapa Yangyuenpradorn, an LGBTQI+ activist and Human Rights Associate at Fortify Rights.

  Founded in 2013, Fortify Rights is a human rights civil society organisation (CSO) working to bring laws, policies and practices in line with human rights standards through evidence-based research, strategic truth-telling and empowerment.

  Why are there currently four different bills in parliament aimed at legalising same-sex marriage?

  LGBTQI+ marriage is such a significant issue in Thailand today that bills to legalise it have been submitted to parliament simultaneously by the government and other political groups. It is unusual and encouraging to see political parties competing to propose changes that would benefit LGBTQI+ people.

  Out of the four bills up for consideration, one was submitted by the government, two were submitted by political parties, the Move Forward Party and Democratic Party, and another was submitted by civil society. The one submitted by the cabinet and approved by the prime minister takes precedence over the rest.

  The civil society bill was initiated by the Rainbow Coalition for Marriage Equality, which brings together numerous CSOs. It was developed at the grassroots level and drafted and submitted on behalf of Thailand’s LGBTQI+ people. It successfully made its way into parliament, with its authors securing seats in the readings as discussions progressed. It is uncommon for a bill proposed by civil society to enter parliament, so this is a very positive development.

  The civil society bill is also more progressive than the other three because it ensures parental rights for LGBTQI+ people and proposes a transitional procedure to allow LGBTQI+ couples to register their marriages and enjoy spousal rights while other relevant laws are still being revised and amended, rather than make them wait until all of the process is finished.

  Still, the primary objective is consistent across all four bills: they all seek to amend the civil and commercial code, which now defines marriage as a union between man and woman and grants them the status of ‘husband and wife’, by replacing these gendered words with the gender-neutral expressions ‘individuals’ and ‘spouses’. This simple change will enable LGBTQI+ people to register their marriages.

  How have LGBTQI+ activists advocated forthe bill?

  The constitution establishes that if a bill is proposed by a group of citizens or civil society groups, representatives from the initiating group should be involved with the parliamentary committee working on the bill. This provided space for LGBTQI+ activists to participate in the legislative process and advance their agenda. The Rainbow Coalition for Marriage Equality has played a crucial role in presenting a unified and consolidated stance on marriage equality in parliament. The activists currently engaged in discussions have been advocating for this bill for over a decade.

  As an advisor to the committee drafting the marriage equality bill, I provide expert opinions from the perspective of human rights law and international standards. For instance, I make sure the bill aligns with the International Covenant on Civil and Political Rights, among other international conventions and treaties, and incorporates good practices and advanced protections found in the laws of countries with marriage equality.

  What are the prospects of the same-sex marriage bill being passed?

  The bill will likely be passed, although it will take some time. The legislative process in Thailand involves three readings in the House of Representatives, the elected 500-member lower house of the National Assembly, followed by three readings in the Senate, the appointed upper house. Proposed legislation then undergoes scrutiny by the Constitutional Court and is ultimately signed into law by the king, then published in the Royal Gazette.

  The marriage equality bill is currently in its initial stage in the lower house. It successfully passed its first reading in December 2023 and is now undergoing its second reading. All four bills are now being examined and consolidated into a single version. The second reading is expected to finish by early March, after which the final bill will proceed to the third reading in the lower house before advancing to the Senate.

  The bill’s adoption seems highly likely because civil society’s decade-long public campaigning has succeeded in getting marriage equality included on Thailand’s main political agenda. Despite some challenges, prospects for adoption have gradually and steadily increased. The prime minister and cabinet have expressed their support and opposition to the bill has decreased. I believe it is just a matter of time until the bill becomes law and comes into force.

  What impact would the passage of this law have for LGBTQI+ struggles?

  Marriage equality is a lot more than a mere administrative process of signing papers. It’s about securing the rights of LGBTQI+ couples to adopt children together and be recognised as legal parents. It’s also a matter of life and death if an LGBTQI+ person is in an accident and their partner must give permission for them to undergo surgery or other medical procedures. Ultimately, the fight for marriage equality is about enabling LGBTQI+ people to live normal lives and form families. This is the true meaning of marriage equality that we are fighting for and the message we strive to convey to society.

  The legalisation of LGBTQI+ marriage would further raise awareness about LGBTQI+ issues in society, setting a solid stage for advancing other LGBTQI+ rights. It would be a firm first step towards full legal recognition of the rights of LGBTQI+ people, including parenting and inheritance rights, as well as equal social rights and other benefits currently enjoyed only by heterosexual couples. Moreover, a gender recognition bill is in line for parliamentary consideration.

  I also hope that the achievement of marriage equality in Thailand will inspire change in other Asian countries. We learned a lot from the experience of Taiwanese LGBTQI+ activists, who were the first to achieve legalisation of same-sex marriage in Asia, and I hope others will be able to learn from us too.

  Do you expect conservative backlash to happen?

  During the previous government led by the military junta, the regime attempted to project an image of Thailand as open to LGBTQI+ people, but reality told otherwise, as it disregarded LGBTQI+ rights and treated LGBTQI+ people as a deviant group with special needs. A 2021 constitutional court ruling even referred to LGBTQI+ people as a ‘special species’ that needs to be singled out and studied. This reflected the state’s views of LGBTQI+ people. Similar attitudes are occasionally present among the public, particularly among older generations, who still need to understand and get used to society becoming more inclusive and open.

  Islamic parties are likely to pose the biggest threat of conservative backlash. They have so far either abstained or voted against the marriage equality bill in parliament, but their current representation is low. However, in southern Thailand, where Islamic beliefs have significant political and cultural influence, there is potential for unequal implementation of the bill once it is passed.

  On a positive note, public attitudes toward LGBTQI+ people have improved over the past few years and discussions about LGBTQI+ rights, gender equality and social inclusion have become common on social media platforms. This positive shift can be attributed to the continuous efforts of LGBTQI+ activists in running public awareness campaigns.

  What international support do you need to further advance LGBTQI+ rights in Thailand?

  Based on my experience of organising protests on the ground, access to resources is key to advancing our cause, since these are scarce at the grassroots level of LGBTQI+ activism. Local activists, often students and young people who are not affiliated with renowned human rights organisations, play a crucial role as change-makers. However, limited funds hinder many young activists from becoming full-time human rights defenders, threatening the sustainability of the LGBTQI+ movement. I believe that for the movement to move forward sustainably, it is crucial to establish connections with international donors and explore ways to form a coalition of Thai LGBTQI+ activists to amplify our voices on the international stage.

  We are all passionate about claiming our rights, but passion alone is not enough. LGBTQI+ activism needs resources and support to continue to mobilise and sustain the movement.

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  Civic space in Thailand is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Fortify Rights through itswebsite orFacebook page, and follow@FortifyRights and@mdpyy on Twitter.

• THAILAND: ‘Part of our success in claiming LGBTQI+ rights came from intersecting with the democracy movement’

  CIVICUS discusses Thailand’s legalisation of same-sex marriage with Matcha Phornin, founder of Sangsan Anakot, an ethnic minority and Indigenous LGBTQI+ feminist organisation working to empower Indigenous women, girls and young LGBTQI+ people.

  Thailand has just become Southeast Asia’s first country, and only the third in Asia, to legalise same-sex marriage. Passed by the Senate with 130 votes for and only four against, the bill now just needs formal royal assent to become law, which is expected within 120 days. The new law grants LGBTQI+ couples the same legal rights as heterosexual couples, including inheritance, adoption and healthcare rights. This milestone comes after over two decades of activism and is expected to enhance Thailand’s reputation as an inclusive destination for LGBTQI+ people and inspire wider regional acceptance of their rights.

  What were the key factors leading to the legalisation of same-sex marriage?

  Our success was due to a combination of factors: intersectional collaboration, international advocacy, education reform, political representation and media engagement. It can be traced back 20 years ago, when despite a lack of any political support, Thai LGBTQI+ people began to advocate for changes to restrictive laws that denied them the right to form families. We got inspiration from progress elsewhere, including in the USA in 2015 and Taiwan in 2019.

  We’ve had a long journey, including periods of democratic regression and military rule. A significant part of our success came from intersecting with other movements, particularly democracy movements. When democracy is compromised, it becomes difficult to advocate for LGBTQI+ rights. That’s why many LGBTQI+ activists are also pro-democracy activists, which makes our movement more united and therefore stronger.

  Links with the broader gender justice movement have also been crucial. Many young LGBTQI+ activists identify as feminists. To address the toxic masculinity and homophobia that are so common in activist circles, we work to create a safer and more inclusive movement.

  We advocate for broader rights beyond marriage equality. We seek gender recognition, the decriminalisation of sex work and land rights for Indigenous peoples. The use of international human rights mechanisms, such as the United Nations Human Rights Council Universal Periodic Review process, has been instrumental in holding our government to account and pushing for legislative change.

  A key component of our advocacy has been the concept of the rainbow family. In 2017, we hosted the Asia Pacific Rainbow Family Conference in Hong Kong, bringing together families from across the region to share experiences and support each other. This helped build a strong, supportive network to advocate for marriage equality and other rights.

  We’ve also worked with educational institutions to protect young LGBTQI+ people from bullying and discrimination. Ten years ago, there was no protection for LGBTQI+ students in the Thai education system. Since then, we have worked with organisations such as UNESCO to make schools safer and more inclusive.

  Many of our activists have also entered politics, increasing our visibility and influence. For example, there’s a transgender member of parliament who tirelessly promotes LGBTQI+ rights.

  The media has also played an important role. Over the past decade, we’ve worked to shift media narratives from stigmatisation to positive portrayals of LGBTQI+ people and families. This has helped change public perceptions and build wider support for our movement.

  What challenges have you faced?

  We’ve faced individual and collective challenges. Many activists have made significant personal sacrifices, including imprisonment and loss of life. LGBTQI+ organisations have limited resources, particularly as the LGBTQI+ community is marginalised. The fact that many activists work full-time without pay makes it difficult to sustain the movement. Lack of resources has often led to internal conflict – but it’s also fuelled creativity and resilience, as we’ve compensated for limited resources by using humour and other innovative means to gain visibility and support.

  Another key challenge has been political instability. The disruption of democratic processes by coups has hindered progress on LGBTQI+ rights. However, the democracy movement, which includes many young LGBTQI+ activists, has been instrumental in pushing for legislative change.

  Patriarchal, hierarchical and ethnocentric societal norms have been a major challenge. For example, when six years ago, my wife, daughter and I built our house using traditional methods with the help of friends from various countries, we faced hostility from homophobic people who tried to burn our house down. We reported it to the police but there was minimal intervention.

  There is an entrenched gender binary system that only recognises men and women, ignoring those who don’t fit either category. This is the case even in social movements, many of which are led by men who don’t acknowledge their privilege and can be sexist or homophobic, excluding women and LGBTQI+ people. We need to deconstruct these hierarchies by ensuring equal access to spaces and decision-making power for young people, women and LGBTQI+ people. This effort must extend beyond our movement to society as a whole, linking to democratic processes and parliamentary representation. Currently, women and LGBTQI+ people make up under 20 per cent of members of parliament, making it challenging to pass inclusive legislation.

  Feminism plays a crucial role in addressing these issues, both theoretically and practically. Our movement needs an intersectional approach and a strong feminist presence to move forward.

  Do you foresee any challenges in implementing the new law?

  This law will have a significant impact on the daily lives of LGBTQI+ people, as it will give them greater protection and recognition in society. It will set a precedent for future generations and other countries to follow. In the region, it will likely inspire countries such as the Philippines, Singapore and Vietnam to achieve marriage equality.

  But implementation won’t be without obstacles. It will be crucial to ensure government officials and judges are trained and understand the importance of this law so they apply it inclusively. The law will also need to be understood by those in the education and health systems and in society as a whole, and comprehensive manuals and training programmes will be needed. There may be resistance in religious areas, particularly among Muslim communities. Proactive measures will be needed to ensure compliance and prevent discrimination.

  What’s next on the LGBTQI+ advocacy agenda?

  LGBTQI+ people continue to face several challenges, including the lack of resources to mobilise a strong movement, the lack of recognition for transgender and non-binary people and a very limited understanding of intersectionality.

  Transgender and non-binary people often have to use names and pronouns that don’t align with their gender identities. That’s why we push for the passage of a law supporting gender self-determination.

  The education system also often violates the rights of children who don’t conform to traditional gender norms. LGBTQI+ and gender non-conforming children need protection in schools so they aren’t bullied for their sexual orientation or gender identity.

  In addition, the LGBTQI+ community is not homogeneous: many LGBTQI+ people face overlapping discrimination due to their intersectional identities. Such is the case for Muslim LGBTQI+ people, LGBTQI+ people with disabilities and LGBTQI+ people from Indigenous communities. We must defend not only LGBTQI+ rights but also the rights of other excluded groups, including those disproportionately affected by climate change and environmental crises.

  The advocacy agenda should aim for a holistic approach that includes several key elements: strengthening marriage equality laws to ensure they are inclusive, widely understood and properly implemented, promoting gender recognition laws, reforming education and addressing the needs of LGBTQI+ people with intersecting identities.

  Civic space in Thailand is rated ‘repressed’ by theCIVICUS Monitor.

  Get in touch with Sangsan Anakot through itsFacebook page and follow@SangsanAnakot and@Matcha_Phornin on Twitter.