On June 18, 2024, the cheers of the LGBTQ+ crowd rippled through the streets of Thailand.
Over two decades since homosexuality was no longer considered a mental illness in the country, Thailand officially became the first country in Southeast Asia, and only the third in Asia, to legalize same-sex marriage.
Southeast Asian netizens took to different social media platforms to celebrate the news. In the Philippines, where various cities offered their own large and celebrity-filled pride marches, members of the LGBTQ+ community could only say, “Sana all,” (hopefully all) as the Philippines continues its decades-long struggle for the recognition of same-sex marriage.
Elsewhere in the region, even the notion of homosexuality is still prohibited and criminally punishable by law. The mere act of engaging in homosexual activities can result in imprisonment, and in some cases, even physical punishment and death in four of the 11 countries in Southeast Asia — Brunei, Indonesia, Malaysia, and Myanmar.
Forbidden love
Southeast Asia is a melting pot of multiple cultures, histories, and forms of government. However, positive steps toward inclusivity for their LGBTQ+ communities have faltered for decades and harsh conditions still fester.
Brunei
In Brunei, the penalties for individuals caught engaging in sexual activities with a same-sex partner are particularly severe. Under the Syariah Penal Code of 2013, which took effect on April 3, 2019, the death penalty by stoning is imposed on the crime of liwat or anal sex under Article 82.
Same-sex intimacy between women, referred to as musahaqah, is also punishable by 40 strokes by whipping, according to Article 92 of the Code.
Public outcry against the law led the government to impose a moratorium, or temporary prohibition, of the death penalty in May 2019. However, Human Dignity Trust reports that “these laws remain in place and the other draconian punishments for same-sex intimacy (whipping, imprisonment and fines) remain applicable.”
In a country like Brunei, legal efforts to decriminalize homosexual activity and legalize same-sex marriage seem to be uphill battles.
Indonesia
Indonesia, meanwhile, does not have a national-level law that criminalizes same-sex sexual activity. However, two provinces explicitly prohibit same-sex sexual relations: Aceh and South Sumatra, both Muslim-majority provinces.
According to Aceh regulations, same-sex sexual acts are punishable by a penalty of 100 lashes and/or up to eight years imprisonment. Furthermore, unlike countries like the Philippines, where steps have been made to legalize same-sex marriage, Indonesia’s lawmakers and groups have actively sought to further punish members of the LGBTQ+ community.
In 2019, Human Rights Watch reported that a draft criminal code was finalized. It contains articles that punish extramarital sex (effectively criminalizing same-sex sexual activities, as same-sex marriage is not legal in the country), cohabitation, and public “obscene acts” under Articles 417, 419, and 421.
The code was eventually passed in 2022, and was signed into law on January 2, 2023 as the 2023 Indonesian Criminal Code. However, the law will not take effect until 2025.
Myanmar
Situations are as dire in Myanmar, where same-sex sexual activity is illegal under their respective penal codes. Penal Code 1860, Section 377, criminalizes “carnal intercourse against the order of nature,” which applies to both men and women.
Violating this section can result in imprisonment for 20 years, which may be extended for another 10 years, and comes with a fine.
Malaysia
In Malaysia, same-sex sexual activity is prohibited under Penal Code 1936, which criminalizes acts they’ve labeled as “unnatural offenses.” Sexual activity between people of the same gender can result in a maximum penalty of 20 years imprisonment with whipping. Meanwhile, according to Human Dignity Trust, transgender people are also frequently arrested under the Penal Code.
Singapore
In Singapore, same-sex sexual activity for men was only decriminalized in 2022 after 15 years of being considered a criminal offense. Same-sex couples are also ineligible to adopt children due to the Adoption of Children Act 2022, which states that only married couples can adopt children.
For the rest of Southeast Asia, the dream to see marriage equality continues to be an ongoing fight.
Cambodia
LGBT groups in Cambodia have regularly sought dialogues with the government to form a joint working group led by the government itself.
The legalization of same-sex marriage in the country was backed by former king Norodom Sihanouk, but former prime minister Hun Sen said during his term that Cambodia would not make any laws that would legalize same-sex marriage.
Laos
In the one-party state of Laos, there haven’t been widely-reported efforts to legalize same-sex marriage, but the country has held pride celebrations and has engaged in international discussions that have focused on the LGBTQ+ community.
This is a tough feat for a country where non-government organizations are still under state supervision and control.
Vietnam
For countries like Vietnam the fight to legalize same-sex marriage and improve the state of LGBTQ+ rights have been decades-long battles. The Vietnamese government has held consultations with different groups on the issue of same-sex marriage legalization.
East Timor
In East Timor (also known as Timor-Leste), homosexual activity has been legal only since 1975, and same-sex marriage remains unrecognized.
Philippines
In the Philippines, where Catholics make up a majority of the population, attempts to further protect LGBTQ+ rights and legalize same-sex marriage have been simmering for over two decades.
According to John Angelo de Leon and Joseph Jintalan of Far Eastern University-Philippines, queer culture has been a part of the Filipino mainstream since the pre-colonial era, but members of the LGBTQ+ community have had to shed blood, sweat, and tears for their protection and recognition in legal spaces.
From the 14th to the current Congress, only 83 bills related to LGBTQ+ rights were filed (READ: Pride vs prejudice: Congress sidesteps LGBTQ+ legislation, ignores most bills).
The first attempt to recognize same-sex unions was made in 2017 by then-House speaker Pantaleon Alvarez. Known as the Civil Partnership Act, House Bill 6595 sought to allow couples of either the same or opposite sex to form civil partnerships that entail the same rights and privileges enjoyed by spouses. Alvarez refiled the bill in 2019 and again in 2023.
In 2018, lawyer Jesus Falcis III filed a petition with the Supreme Court to legalize same-sex marriage. However, the Supreme Court junked the petition with finality on January 6, 2020.
Efforts to legalize civil unions and partnerships have produced no results. This is not very difficult to comprehend, considering that the Philippines is a Catholic majority.
Despite the setbacks, however, the LGBTQ+ community in the Philippines has not given up. Different variations of the Civil Partnership Act have been filed by different lawmakers, such as Bagong Henerasyon party-list Representative Bernadette Herrera and Senator Robin Padilla.
Thousands of people also joined pride marches all over the country during Pride Month, with Pride PH reporting that it was the “biggest Pride in Asia,” with an estimated 228,000 attendees nationwide.
At the end of the rainbow
Thailand’s landmark decision now serves as the metaphorical pot of gold at the end of the rainbow for the LGBTQ+ community across Southeast Asia.
While the fight continues in many countries, this victory now paves the way for a future where love, commitment, and protection are free for all, regardless of gender or sexual orientation.
The struggle for LGBTQ+ rights in Southeast Asia may be diverse, but the path forward is clear. Continued activism and public pressure have proven to be effective, especially in Brunei where international outcry led to a moratorium on the death penalty. Although the laws remain applicable, the public outcry that led to government action such as this should not go unnoticed.
Continued dialogues with the government, such as in Vietnam and Laos, will be crucial in dismantling discriminatory laws and fostering inclusivity.
Countries like Cambodia, where monarchs have historically been supportive, and the Philippines, where bills and petitions continue to be filed, can leverage Thailand's example to propel their own movements forward.
Beyond Thailand, and beyond bills and petitions that have been made and junked, beyond draconian conditions and ongoing persecution, the fight for LGBTQ+ rights and marriage equality in Southeast Asia continues to be what it always has been: a fight.
The momentum, however, is now shifting, and a brighter future beckons the people of Southeast Asia. – Katarina Ruflo/Rappler.com
Katarina Ruflo is a Rappler intern. She is currently pursuing a degree in Political Science with a major in International Relations and Foreign Service at the University of San Carlos Cebu.
