None of the previous Thai constitutions expressly dealt with sexual orientation or gender identity. There are no laws against gays or lesbians in Thailand. Neither is there hate crime or civil rights laws that include LGBT people. There are no laws prohibiting homosexual behaviour between two consenting adults, no laws which forbid men or women from dressing in the clothing of the opposite sex in public.
Natee Theerarojnapong, government's human rights commission, and Anjana Suvarnananda, lesbian rights advocate, both campaigned unsuccessfully for inclusion of "sexual identity" in the Interim Constitution of 2006 as well as the formally adopted Constitution of 2007.
The current Constitution does have a broad prohibition against "unfair" discrimination based on "personal status". Article 30 of the present constitution, which prohibits discrimination on the basis of sex, including sexual orientation and gender identity, Thai governments have yet to show signs of recognizing the equal rights of LGBT people. The number of laws to ensure equality and non-discrimination for LGBT people remains the same: zero (Likhitpreechakul, 2009).

Gender Identity

Transgendered people are not able to change their sex on personal documents. Katoeys who have had sex-reassignment surgery and are living full-time as women still can not change their sex on documents such as passports and ID cards. Legally katoeys are defined as males (Andrew Matzner, 2000).

Same-sex Marriage

Thai law currently does not recognize same-sex marriages, civil unions or domestic partnerships. While LGBT people can live together as lovers, they are not allowed to be legally married under the Thai customary law. It is unclear if a same-sex couple or an individual LGBT Thai would be permitted to adopt or have custody of children (Anastacia Oaikhena, 2011).
In September 2011, the National Human Rights Commission of Thailand (a government body) and the Sexual Diversity Network (an NGO) proposed draft legislation on same-sex marriage and were seeking the Thai government's support for the law (ILGA, 2011).

same-sex sexual activity
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legal since 1956
recognition of relationships
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same-sex marriage
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same-sex adoption
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openly serve in the military
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since 2005
anti-discrimination
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laws concerning gender identity
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Despite the lack of formal legal recognition, Thai same-sex couples tend to be publicly tolerated, especially in the more urban or westernized areas such as Phuket and Pattaya. However, without equality in legal terms, tolerance is just a myth. LGBT are still fighting for their legal rights.
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Thailand: LGBT Activists Fight for Constitutional Protection





Oaikhena, Anastacia (2011) 'LGBT in Thailand: Tolerated or Accepted?', [Online], Available: http://www.toonaripost.com/2011/07/world-news/lgbt-in-thailand-tolerated-or-accepted/ [17 November, 2012].
Likhitpreechakul, Paisarn (2009) 'Thailand: Without equality, tolerance is just a myth', [Online], Available: http://www.iglhrc.org/cgi-bin/iowa/article/takeaction/partners/883.html [17 November, 2012].
ILGA (2011) 'Thailand's National Human Rights Commission to Back Gay Marriage Legislation', [Online], Available: http://ilga.org/ilga/en/article/n9Ktob11vx [17 November, 2012].