INTRODUCTION
In Southeast Asia, the struggles of LGBTQIA+ groups vary across the region, with some countries offering more protection than others. In particular, the rights of LGBTQIA+ persons in terms of marriage have not been broadly recognised. As of early 2025, Thailand is the first in Southeast Asia to legalise same-sex marriage. In contrast, Brunei remains one of the most restrictive countries in Southeast Asia and maintains strict prohibitions on same-sex relationships. While some states are advancing towards greater recognition, others continue to punish same-sex relationships due to culture and religion. This divergence is illustrated in the opposing cases of Thailand and Brunei.
THAILAND: PROGRESS TOWARDS EQUALITY
On March 27th, 2024, the House of Representatives of Thailand passed the Marriage Equality Bill, with a majority of lawmakers voting in favour, in an effort to expand the rights of LGBTQIA+ groups (Tanakasempipat, 2024). The majority of the Senate also approved the bill, and the King of Thailand eventually signed it into law, making it effective on January 23rd, 2025 (Al Jazeera, 2025).
On that day, around 180 couples gathered for a mass wedding organised by city officials in a luxury shopping mall in Bangkok to register their marriage (Al Jazeera, 2025). With regards to this historic move, the Prime Minister of Thailand expressed that the law’s passage is a “victory [which] is the result of the collective efforts of all sectors” and that “couples can now live with honour and dignity on Thai soil” (The Nation Thailand, 2025).
The landmark Marriage Equality Act or the Civil and Commercial Code Amendment Act (No. 24) 2024 allows LGBTQIA+ couples to enjoy the same benefits as heterosexual couples in a traditional marriage, such as pensions, social security, property rights, and making medical decisions for their spouse (Office of the Prime Minister, 2025). It also uses gender-neutral terms to refer to same-sex couples, instead of terms such as “man”, “woman”, “husband”, and “wife” (Al Jazeera, 2025).
The Marriage Equality Act is not the only significant move that Thailand has made over the past decade. In 2007, its Constitution prohibited unjust discrimination against persons on the basis of sex, and in 2015, it enacted the Gender Equality Act to decriminalise any gender-based discrimination and officially recognised gender identities (Friberg-Storey, 2025). In 2016, Thailand also enhanced its education by mandating comprehensive sexual education in schools, including gender identity and expression (Friberg-Storey, 2025).
For human rights bodies, the passage of the Thai government of the Marriage Equality Act enables greater access to equality and inclusivity for couples and allows them to enjoy the privilege of marriage regardless of sexual orientation in Thailand. The United Nations (UN) has called it a
[…] momentous achievement for Thailand and the LGBTIQ+ community, following over a decade of advocacy and tireless efforts from LGBTIQ+ activists, human rights defenders and civil society organizations to create a more inclusive and equal society in Thailand (UN Human Rights Office for South-East Asia, 2025).
BRUNEI: CRIMINALISATION AND REGRESSION
However, in Brunei, the situation for LGBTQIA+ individuals is far from progressive when compared to Thailand. Brunei Darussalam is an Islamic country and one of the richest countries in Southeast Asia due to its rich oil reserves (Mahaseth et. al., 2023). Brunei follows an absolute monarchy, led by a Sultan who is believed to be a descendant of the Prophet Muhammad. The current Sultan of Brunei is Hassanal Bolkiah who was crowned in 1968 (Mahaseth et. al., 2023).
The country’s 1959 Constitution establishes the supremacy of the Islamic religion (Mahaseth et. al, 2023). Consequently, marriage rules are mostly governed by Islamic ideals, and according to Shari’a law, extramarital sexual relations are prohibited and homosexuality is considered haram (Mahaseth et. al, 2023). As such, homosexual activities are met with harsh criminal sanctions.
In particular, through the directive of Sultan Bolkiah, the Syariah Penal Code Order 2013 of Brunei increased the punishment for homosexual activities among men and women to capital punishment by stoning (Ellis-Petersen, 2019). This shows the conservative nature of the Islamic ideals exercised in Brunei. However, after the news of Brunei’s penal laws was publicised in the media, it received heavy criticism from human rights organisations and other governments, including the UN which considered the law “extreme and unjustified” (United Nations, 2019), while others described it as a “draconian new penal code” (Ellis-Petersen, 2019).
During that time, several UN agencies also urged Brunei to repeal the penal law because it was considered to violate international human rights laws, particularly the right to be free from torture and the right to be free from cruel, inhuman, and degrading punishment (United Nations, 2019). However, for the Brunei government, the new penal code was considered a “great achievement” (Ellis-Petersen, 2019).
In response to international criticism, Sultan Hassanal Bolkiah announced a moratorium on the capital punishment imposed under the penal code, although the government has defended this law as being in line with the country’s religious values (Westcott and Wright, 2019). On the other hand, for the Association of Southeast Asian Nations (ASEAN), this moratorium creates an opportunity to open meaningful dialogue with the government of Brunei to consider progressive human rights based practices in Syariah (Taylor, 2019).
While no individual has been executed under this law due to the moratorium, Brunei continues to be heavily criticised for continuing to criminalise homosexuality (Taylor, 2019). The moratorium only applies to capital punishment, while fines, whipping, and prison sentences are still applicable to same-sex activities (Taylor, 2019).
HUMAN RIGHTS IMPLICATIONS
Thailand is a party to the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) which affirms the inherent dignity and equal rights of all people and also ensures freedom from discrimination. On the other hand, Brunei is not a party to the ICCPR, but has an obligation under the UDHR to uphold those rights it (European Centre for Law and Justice, 2024).
Brunei and Thailand offer contrasting approaches to LGBTQIA+ rights within Southeast Asia. While the former continues to criminalise sexual relations under its penal codes, the latter shows a gradual shift in attitudes due to a relatively tolerant culture. These two cases highlight the influence of religion and state policy on the protection of LGBTQIA+ communities.
While the move by Thailand is significant, human rights activists note that societal tolerance of LGBTQIA+ rights is not enough; instead, total inclusion requires reduction in discrimination in all sectors of society (UNDP, 2025). In rural areas in Thailand, some LGBTQIA+ individuals still face stigma and persecution, while others face discrimination in schools, and even microaggressions in workplaces. Thus, to allow for total inclusion, the UN Development Programme (UNDP) Thailand recommends that Thailand should also consider passing a gender recognition bill which will allow individuals to choose their own gender identity and have it officially acknowledged in offices and schools (UNDP, 2025).
In Brunei, LGBTQIA+ communities continue to feel threatened by the harsh sanctions imposed on them, signalling a “rising intolerance” and “further marginalisation of the LGBTQ community”, creating an environment of fear and stigma against homosexual individuals (Gunia, 2019). While the Sultan of Brunei has previously stated that there were “misconceptions” about the Syariah Penal Code that caused apprehensions among the international community, he affirmed that this law aims to “ensure peace and harmony” in Brunei and is “crucial in protecting the morality and decency of the public as well as respecting the privacy of individuals” (Westcott and Wright, 2019). Given the uncertainty of the fate of LGBTQIA+ rights in Brunei, individuals with different sexual orientations are not able to freely express themselves, for fear of criminal sanctions.
CONCLUSION
The stark contrast between the progressive stance of Thailand and the regressive status of Brunei shows the uneven landscape of LGBTQIA+ rights in Southeast Asia. It also highlights the challenges of reconciling tradition, culture, values, state policy, and human rights principles. Narrowing the gap between these two approaches involves continued dialogue, international pressure, and stronger domestic advocacy.
There is also a need to revisit the states’ compliance with the principles of the ICCPR and the UDHR, specifically in relation to equality and non-discrimination. At the ASEAN level, there could be consistent dialogue among foreign representatives and attempts to introduce progressive reforms in state policies to ensure that rights are consistently upheld across Southeast Asia. Ultimately, the cases of Brunei and Thailand highlight the divergent paths faced by LGBTQIA+ individuals in these regions.
BIBLIOGRAPHY
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