Thailand Gay Marriage Law To Boost Economy While Japan Court Same Sex Marriage Fails
In a landmark move for LGBTQ+ rights in Asia, Thailand is poised to legalize same-sex marriage in January 2024, becoming the first country in Southeast Asia to do so. This historic decision is expected to significantly impact the nation’s economy. Thailand’s new law will grant same-sex couples the same rights as heterosexual marriages, including inheritance, tax allowances, and child adoption. The legalization is expected to create 152,000 full-time equivalent jobs and increase the country’s GDP by 0.3%.
According to Thailand divorce attorney, Suthida Thongkwan, the law change will also mean more work for government employees, judges, and attorneys who will be called upon to assist with prenuptial agreements, surrogacy and child custody cases, probate cases and, divorces.
Meanwhile, Japan is grappling with its own legal and constitutional struggles surrounding same-sex marriage. Last month, the Tokyo High Court ruled that Japan’s refusal to recognize same-sex marriage is unconstitutional, a decision that echoed a similar ruling by the Sapporo High Court in March 2024. The Tokyo High Court criticized the government’s stance, highlighting that denying same-sex couples legal recognition as spouses is a violation of Japan’s Constitution, specifically the equality clause in Article 14. The court argued that marriage should not be confined to heterosexual couples, particularly when same-sex partners are also denied essential rights such as inheritance, taxes, social security, and child custody.
However, despite these legal challenges, the Japanese government has shown reluctance to pass legislation that would formally legalize same-sex marriage, opting instead to “closely monitor public opinion” and parliamentary discussions.
