BEYOND GENDER BINARY: CHALLENGES IN ENFORCING DOMESTIC VIOLENCE LAWS FOR SAME-SEX SPOUSES IN THAILAND’S POST-MARRIAGE EQUALITY ERA

Abstract

While Thailand has celebrated a landmark shift toward legal inclusivity with the Act Amending the Civil and Commercial Code (No. 24), B.E. 2567, achieving marriage equality is only the first step. This study explores how structural and procedural gaps within Thai domestic violence law may affect the protection available to same-sex couples. Using qualitative legal analysis and comparative perspectives, the discussion considers relevant provisions of the Thai Criminal Code, the Criminal Procedure Code, and the Family Institution Promotion and Development Act (B.E. 2562). This analysis incorporates insights from developments in the United Kingdom as well as international human rights instruments, such as the Yogyakarta Principles and CEDAW. The findings highlight several interconnected concerns. First, certain protective and procedural provisions continue to depend on gender-specific language, which could lead to ambiguity in accessing legal remedies, even with the establishment of marriage equality. Second, the current framework tends to focus on isolated incidents of physical harm, leaving patterns of coercive control and identity-based abuse less clearly addressed. Third, enforcement practices may still be influenced by gendered assumptions, sometimes interpreting same-sex violence as mutual conflict rather than recognising potential power imbalances. The study therefore suggests that the effectiveness of marriage equality requires broader legal and institutional adjustments, including clearer legislative language, expanded conceptual approaches to domestic violence, and more inclusive enforcement practices.

Keywords: Coercive Control, Domestic Violence, LGBTQ+ Rights, Marriage Equality, Thai Law