Guest contributor
Shalini Perumal
As of 2024, the landscape of LGBTQIA+ rights vary significantly between Thailand and Myanmar, reflecting broader regional attitudes and legal frameworks. For Myanmar LGBTQIA+ living in Thailand, the experience of gay marriage and human rights provide a sharp contrast to the legal and social environment in Myanmar.
Thailand has established itself as a regional leader in LGBTQIA+ rights. The country’s approach to inclusion has been marked by a relatively progressive legal stance and societal acceptance compared to its neighbours.
In 2022, Thailand made headlines with its landmark legislation, the Gender Equality Act, which recognised same-sex partnerships. The introduction of the Civil Partnership Act in 2024 was a significant milestone, allowing same-sex couples to enter into civil partnerships, which provide many of the legal benefits and protections of marriage.
Although this act did not equate to full marriage equality, it represented a significant step forward in recognising and legitimising same-sex relationships in Thailand.
More recently, in March, Thailand’s Senate passed a landmark same-sex marriage bill with a decisive 130-4 vote, following overwhelming approval from the lower house. This historic decision makes Thailand the first country in Southeast Asia and the second in Asia to officially recognise same-sex relationships.
For Myanmar LGBTQIA+ in Thailand, this progressive stance offers a degree of safety and acceptance often lacking in their home country. Many have found solace and a sense of belonging in Thailand’s relatively open and inclusive society.
These migrants benefit from legal protections and social acceptance, which are crucial for their well-being and quality of life. The ability to participate in civil partnerships and now marriage allows them to access shared benefits, such as inheritance rights and healthcare access, which are critical for couples navigating life together.
In contrast, Myanmar’s legal framework offers little protection or recognition for the LGBTQIA+ community. As of 2024, Myanmar’s laws regarding LGBTQIA+ rights are restrictive, with no legal recognition of same-sex marriage or civil partnerships. The country’s legal and social attitudes remain conservative, largely influenced by traditional and religious values.
Under Section 377 of Myanmar’s Penal Code, which criminalises consensual same-sex relations, the LGBTQIA+ community face legal risks and social stigma. Although the application of this law can be inconsistent, it creates an environment of fear and marginalisation for the gay community.
There are no legal avenues for same-sex couples to formalise their relationships, and societal acceptance remains limited. This lack of legal recognition not only affects the personal lives of LGBTQIA+ individuals but also restricts their access to legal rights and protections.
For many LGBTQIA+ from Myanmar, relocating to Thailand represents a search for safety, freedom, and opportunity. The contrast between the progressive environment in Thailand and the restrictive atmosphere in Myanmar indicates the challenges faced by these community members.
In Thailand, they experience a more accepting social climate, access to community support networks, and legal frameworks that offer some level of recognition and protection.
Aung’s story reflects this reality. A 28-year-old Karen migrant, Aung found a new beginning in Thailand after fleeing Myanmar’s restrictive environment and security situation. In Myanmar, Aung faced immense societal pressure and legal threats. Moving to Thailand in 2021, Aung embraced the country’s progressive approach to LGBTQIA+ rights.
He and his partner, a Thai citizen, registered their civil partnership under Thailand’s Civil Partnership Act, gaining access to essential legal rights and protections. This legal recognition brought Aung a profound sense of security and belonging.
For the first time, he could live openly and plan a future together with his partner, free from fear and discrimination. As Thailand moves toward greater LGBTQIA+ rights with the 2024 equal marriage recognition, Aung remains hopeful of his future.
The transition to life in Thailand, however, is not without its challenges. Migrants often navigate a complex landscape of legal status, employment, and cultural adaptation. While they enjoy greater freedoms compared to Myanmar, they may still face difficulties related to their immigration status or discrimination within the broader society.
Despite these challenges, many Myanmar LGBTQIA+ have found a supportive community in Thailand. They participate actively in advocacy, community organisations, and cultural events, contributing to and benefiting from the country’s progressive stance on LGBTQIA+ rights.
The differences between Thailand and Myanmar highlight significant regional disparities. For LGBTQIA+ from Myanmar, the contrast between Thailand’s inclusive environment and Myanmar’s restrictive laws delineate the importance of continued advocacy for human rights and legal reforms in their home country.
Their experience serves as a reminder of the broader struggle for LGBTQIA+ rights across the region and the ongoing need for global solidarity and support.
Shalini Perumal is a creative international development professional who has worked previously in Mae Sot, Thailand at Mae Tao Clinic. She is currently a freelance journalist as well as Communications Officer at ActionAid India in New Delhi. The views expressed in the article are her own and do not necessarily reflect those of the organisation.
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