Development of Family Formation Rights for LGBTQ+ Individuals in Thailand: A Feminist and Queer Legal Theory Perspective on the Constitutional Court's Ruling No. 20/2564, Compared with Foreign Court Decisions

Abstract

          This research article aims to analyze the Constitutional Court's ruling No. 20/2564 through the lens of feminist and queer legal theories, which are often overlooked in academic perspectives on jurisprudence, despite their crucial role in shaping the paradigm of the Thai legal system. The study compares this ruling with those of foreign courts that recognize marriages between individuals with diverse sexual orientations and gender identities, in order to demonstrate the legal development in Thailand regarding the protection of the right to family establishment. The authors employ a documentary research methodology, collecting and analyzing data from court rulings, academic documents, and relevant laws. By applying the framework of feminist and queer legal theories, the research findings reveal that the Constitutional Court's ruling reflects the deeply rooted patriarchy power structures and gender discrimination within the Thai legal system, which conflict with the principles of human rights, equality, and human dignity. In comparison with international approaches, Thai judicial bodies must further develop their paradigm in interpreting laws to align with international standards, ensuring equal and comprehensive protection of the rights of individuals with diverse sexual orientations and gender identities. The research findings reveal that the Thai Constitutional Court's interpretative approach demonstrates limitations in analyzing dimensions of gender, gender identity, and sexuality. This reflects a gap between domestic legal interpretation and the evolution of international human rights principles, resulting in delayed development of protective mechanisms for LGBTIQAN+ individuals' family rights in Thailand. The study proposes reforms to the legal system and judicial process, including restructuring the Constitutional Court's composition and developing enhanced legal interpretation frameworks, to reduce discrimination and foster a society that genuinely respects diversity.