The pathbreaking Marriage Equality Bill might ensure equal marriages for all, yet many of those who obtained marriage registration when it came into effect last week have another worry to contend with: their gender title did not match their gender identity.
They have urged the government to pass the Gender Recognition Bill, which will allow them to choose their gender title and provide a gender-neutral option for those who do not want to identify as male or female.
Matching look, identity
Atitaya Asa, a coordinator for a working group under the Transmasculine Network for Equality, said many transmen making the transition to the male gender are still referred to as "Miss" in official documents.
Transmen, particularly those who have chosen to undergo medical transition, do not see themselves as women or consider themselves biological women. As a result, using Miss/Ms does not conform to their identity or lifestyle, as they conduct their lives as men.
The gender title also contrasts with their looks, causing various complications, such as when travelling abroad.
While their title remained Miss, authorities tended to regard their travelling documents as incorrect, which causes hassles at the airport.
"Immigration officers suspect we are not the same person on our travel documents, especially when they look at our photos. Travelling becomes difficult as a result. Many are denied entry to the destination country," he said.
When they enter a bank, staff raise the same complaint.
"Many of us are suspected of being criminals since our voice is lower than that of cisgender men," he said.
Another scenario is when they are admitted to hospital. Many hospitals still use gender titles to separate patients in ward rooms. Transmen are grouped into female wards because of their gender title "Miss".
"Some medical personnel are beginning to show gender sensitivity, but their numbers are still modest because transmen are a new idea in Thailand," he said.
The Gender Recognition Bill will grant transmen the same right to self-determination as men.
Atitaya: Rights for transmen
Intersex and the 'X' title
Intersex people are born with variations in sex traits that do not fit the typical definitions of male or female, says Intersex Asia, a regional network of intersex-led organisations and individuals from Asian countries.
Their gender identity, however, can be male, female, both, or neither. And the variations in sex anatomy are naturally occurring, not a flaw as many people misunderstand, it says.
Intersex is an umbrella term used to describe individuals who are born with sex characteristics including genitals, chromosomes, and hormones that do not fit the typical definitions of male or female such as a baby born with ambiguous genitalia, Turner syndrome, Klinefelter syndrome or when a person's body produces hormones that are not typical for their sex chromosomes, the group says.
The Office of the United Nations High Commissioner for Human Rights says experts have estimated that up to 1.7 % of people are born with intersex traits, which means their gender cannot simply be defined as male or female.
Being intersex is not a flaw that can be fixed with medical treatment, said Nada Chaiyajit, a law lecturer from Mae Fah Luang University, who identifies as trans-intersex.
However, many intersex children are forced to go through irreversible genital surgery to make their bodies conform to sex stereotypes.
She said many intersex people have faced discrimination since birth, when they have to undergo gender assignment surgery if doctors discover they were born with two genitals, or when doctors ask their parents' preferences or about the hormone levels in their bodies.
The problem arises when they grow up and feel their gender, sexuality and sexual orientation do not match their genitals.
"Our sadness stems from the suffering of our parents, who may be ashamed of us for having ambiguous sexual features.
"They are also scared that their children may be bullied, so they decide to choose a gender for us, which causes problems as it does not reflect what we feel when we grow up," she said.
She said intersex individuals also suffer from social norms when they need to use public restrooms, wear school uniforms, or fill out gender identity forms, and there is only a binary choice of "female" or "male".
There should also be an "X" title for those who do not want to be called Mr or Ms, such as for some transgenders, queer, intersex, or non-binary people, as they may feel they are not associated with certain gender boxes.
"Providing the 'X' title may help those not want to identify with any gender under the binary system to express themselves freely," she said.
No records estimate the number of intersex people in Thailand, as people are afraid of being discriminated against or bullied.
Many Thais continue to stigmatise their identities, believing that whatever occurred to them in their lives was the result of adulterous acts in previous lives.
"We need to teach our society more about our identity. Intersex is more than just a sex feature; it also refers to our gender identity. Our sexual orientation may be gay, lesbian, or transgender. We are diverse," she said.
The UN Human Rights Council, she said, adopted a resolution "Combating discrimination, violence and harmful practices against intersex persons" on April 4 last year.
It called on member states to address stereotypes, misconceptions, stigma and taboos associated with intersex people and protect intersex persons' rights.
She suggested Thailand should follow such a resolution.
"The UN launched the resolution urging states to protect us, so the government should follow suit," she added.
Nada: Support for UN resolution
The bill's progress
There are four versions of the Gender Recognition Bill. One was drafted by the government under the Social Development and Human Security Ministry while the other three bills were proposed by a civil society organisation, People's Party, and Intersex Thailand.
All four proposals have the same key principle: individuals should be able to choose their gender identification and gender title based on their self-determined gender identity and without the need for medical certification to approve their physical and psychological states.
Those bills also offer various forms of gender title apart from Mr, Miss, Mrs to Khun, Nam and no gender title. Some versions specify that if a person wishes to change his or her gender identity and title for a second time, a court judgment is required.
Somsri Jongpensukloet, a senior official from the Office of Women's Affairs and Family Development at Social Development and Human Security Ministry, told a seminar on "Gender recognition in Thailand: Can we identify our gender by ourselves?" at Prince of Songkla University (PSU) that the ministry's Gender Recognition Bill was based on self-determination.
Under the bill, individuals can determine their own gender identity by themselves without the need for any medical certificates. Some people were concerned self-determination of gender identity would be too extreme.
"Our measure adheres to universal human rights, which is our ultimate objective. However, we may have to look at multiple aspects and social settings, as the issue involves several parties," she added. The bill has passed a public hearing but the cabinet has yet to send it to parliament.
Knock-on effects
Sutthichai Ngamchuensuwan, Law Faculty Dean at PSU, said gender is no longer defined solely by biological sex, but also by social dimensions, which allows people to establish their own gender identity.
As a result, self-determination is a foundation for several countries' laws.
In some countries, medical confirmation was required to change one's gender identity, which raises the matter of costs.
Doctors have always given people the option to modify their legal gender identity at will. "Having this law based on self-determination is essential," he said.
However, other matters must be addressed in the self-determination process, such as age and the ability for an individual to change their gender identification in the future.
"As Thai law is based on a gender binary system, once we allow people to change their gender identification, we must consider the impact of that change on other laws, rights, marital status or other benefits based on gender identity, and way of life, particularly in the medical field, where medical treatment is still based on the patient's gender assigned at birth," he added.
Sutthichai: Self-determination is key
