As street protests came back last year pointing out pressing issues needing change in the country, the LGBT community joined the movement calling for more progress on gender equality too. And although 2021 is not a year to expect any leaps of progress, activism for the cause will continue.
In the wake of a day celebrating love, The Bangkok Post looks at how far the legal and social movement on gender issues has come, and how far it still has to go before LGBT relationships have the same status as heterosexual ones in Thailand.
Same sex marriage bill
A same sex marriage bill was proposed by Move Forward MP Tunyawaj Kamolwongwat. It has been in the queue for parliamentary deliberation since November last year, but has been delayed by arguably more urgent issues. The MP said he will push for it to be deliberated in the next parliamentary session.
"With many emergencies jumping the queue, the wait will be uncertain," Mr Tunyawaj said. "It is most likely that deliberation won't take place until the end of 2021 or even later."
However, there is also a chance for it to progress sooner. In an effort to place the bill on the emergency agenda, the Foundation for SOGI Rights and Justice lodged a complaint with the Central Juvenile and Family Court to determine whether the current Section 1448 of the Civil and Commercial Code is compliant with Section 27 of the 2017 constitution.
On Dec 21 last year, the court moved its hearing date to April 26 of this year.
Naiyana Supapueng, FOR-SOGI's adviser, has said that if the court rules the marriage laws are constitutional, the foundation may have to take alternative steps in support of same-sex marriage rights. "If the Civil Partnership bill is enacted as law, FOR-SOGI will then file a complaint on whether the bill conforms to the constitution due to the fact that it offers same-sex couples less rights."
While MPs and foundations are able to take legal action, activists continue to support same-sex marriage in other ways, Mr Tunyawaj said.
"Citizens play a major part in advocating for LGBT rights," he said. "They can further support the movement by taking a standpoint in support of same-sex marriage, not the civil partnership."
The Civil Partnership Bill proposed by the Justice Ministry is waiting to be put on parliament's agenda. It will entitle couples to several rights and benefits similar to those enjoyed by legally married heterosexual couples, but same-sex partners will still not get the same welfare benefits enjoyed by heterosexual partners.
Legal developments
The Covid-19 slowdown affects not only the economy but also legislative processes.
"Currently, the Gender Equality Act is the only law that protects LGBT Thais from unfair gender discrimination," said Kittinun Daramadhaj, president of the Rainbow Sky Association of Thailand, adding the country lacks internationally-backed policies to encourage the protection of LGBT rights and dignity.
The Gender Equality Act has been in effect since 2015, and a committee on the promotion of gender equality, led by Democrat leader Jurin Laksanawisit, proposed earlier the law be revised after six years of use. However, although a panel was set up for the task, its members have not yet met, due to the Covid-19 threat.
Apart from the advocating same-sex marriage, which has been under the spotlight, organisations continue to push other bills. The Department of Women's Affairs and Family Development unofficially introduced the Gender Identity Bill to the public in 2017. However, the department received complaints on the draft's restrictive eligibility criteria in which a title change would require irreversible sex-change surgery and a diagnosis of gender identity disorder.
"Instead of giving transgender people more rights, the draft included requirements that went against human rights and dignity," said Mr Kittinun, "LGBT people should not be treated like animals over a title change."
Between 2018 and 2020, four public forums on the Gender Identity bill were held for a more consultative process in drafting the law. So what's in store for 2021?
On Dec 8th 2020, UNDP Thailand and Thai Transgender Alliance held its latest conference where four LGBT organisations proposed their drafts of the Gender Identity bill.
"We initially planned to form a coalition of the four organsations by January [2021] but the second wave of Covid-19 has halted all meetings," said Mr Kittinun.
From young activists' eyes
2020 was a major year of youth activism, fuelled by pro-democracy protests against the military junta. From drag queens to feminist groups, Thai youth has made strong remarks and brought attention to Thailand's gender issues.
One of the many youths who came out to protest was Kim, an activist working with the Feminist Liberate group.
"I feel like in 2020, young people in the LGBTQ+ community really found a place to be free and finally allow themselves to be who they are in this conservative country," said Kim, "Movements such as the Pride Parade brought the community together. It was also the first protest I've participated in as an activist and I felt really empowered to continue this movement as long as I can.
"As a protester, I felt that the environment was fun, positive and inclusive," Kim said.
She added that LGBT-related performances and speeches were a good way to stir up the gender equality movement, educate people, and eliminate stigma at the same time.
Behind the LGBT activist group is Siraphob Attohi, a student at Chulalongkorn University, who goes by the nickname Raptor. Raptor said that apart from being in the LGBT community himself, he is aware that others are discriminated against for their sexual identity or orientation.
"The democratic movement in 2020 advocated for political reform through legal changes but the social aspect was ignored," said Raptor. He said that while legal changes can solve issues, focusing on the social aspect is important as it reflects where the real problem stems from.
"That's why we founded Free Gender TH; we wanted to fill in this part of the movement," Raptor said. "LGBT rights cannot go without a democratic movement, they must go together hand in hand."
The activists seem to share similar goals and hopes for 2021.
"When the Covid-19 situation gets better, I hope that we can arrange another major LGBTQ+ protest and parade. We have a lot of ideas in store," Kim said. She also hopes for the same sex marriage bill to pass, but understands that it may take time.
For 2021, Raptor hopes for substantive changes in the law, especially for same sex marriage. "Young people felt the pain of gender inequality experienced by the older generation and we felt the need to continue their fight," Kim said. "If ordinary people like us could speak out, then others can too."
Work and well-being
Mr Kittinun explained the unique challenges LGBT people faced during the pandemic in 2020. "During the first wave [of Covid-19], LGBT people struggled with self-expression as some were stuck at home with unaccepting family members," said Mr Kittinun.
"They had to hide their sex orientation and identity. In some cases, difficulties in self expression affected them to the point of depression."
According to the United Nations' Social Impact Assessment of Covid-19 in Thailand, LGBT people are at increased risk of multiple forms of violence and abuse due to Covid-19 measures.
Apart from family-related burdens, LGBT people face particular hardships on top of job losses during the pandemic. Many work in industries most affected by the virus, from entertainment and tourism to sex work. Mr Kittinun said LGBT people also face discrimination in the job searching process due to their orientation/ sexuality.
Healthcare for LGBT people was also disproportionately affected. Many struggled to find adequate medication and access healthcare during quarantine.
"When community clinics were closed, gay and transgender people lacked access to HIV medication and hormones," said Mr Kittinun. He said that while government-based clinics offer similar services, people prefer community clinics which are easier to access.
"LGBT Thais are reluctant to visit public hospitals for services in fear of discrimination and prejudice from the staff," he said. "Even more, they risk contacting Covid-19 in hospitals."
How might year two of the pandemic look like for LGBTQ Thais?
"The effects will most likely be the same but likely also magnified," Mr Kittinun said.