Constitutional Court delays ruling in landmark marriage equality case

Thailand’s Constitutional Court has postponed ruling on marriage equality, according to the Foundation for Sexual Orientation and Gender Identity Rights and Justice. The basis, higher generally known as the FOR-SOGI organisation, says the ruling has been postponed until December 14. According to Big , the case issues section 1448 of Thailand’s Civil and Commercial Code. The court docket was requested to rule on whether or not that part breaches the constitution because it only recognises marriage between a woman and a person.
According to Sanya Eadjongdee, the lawyer representing FOR-SOGI, the court didn’t give any cause for the delay, adding that it’s not sure there will be a ruling in December. He says that changing part 1448 is a separate matter to the draft invoice that aims to amend the Civil Partnership Act, but that both are linked.
“Revising the section is our major aim. By imposing this bill, it might make LGBTQ+ folks turn out to be second-class citizens and having a family constitutes a fundamental proper of being a human.”
Sanya says that if the ruling does go within the group’s favour, LGBTQ+ couples would have the power to use it to have their marriages recognised by marriage registrars.
“However, the registrars would find themselves in a troublesome situation because there is no law at current that certifies a same-sex marriage.”
According to the Bangkok Post report, Sanya says that, should the courtroom rule that section 1448 contravenes the charter, this might mean section seventy seven needs to be invoked. Section seventy seven requires laws that pose an impediment to people’s livelihoods to be revoked or modified. In the case of section 1448, the law would must be amended..

Leave a Comment