The Office of the Ombudsman has clarified a recent Constitutional Court ruling that declared the adultery law unconstitutional due to gender inequality. Previously, women could not sue same-sex partners of their husbands, but in 360 days, they will be able to sue same-sex adulterers, aligning with the newly endorsed Equal Marriage Act.
On Tuesday, the Constitutional Court ruled that Section 1523, Paragraph 2, of the Civil and Commercial Code, which allows a husband to claim compensation from a person who has an affair with his wife, and vice versa, contradicts Sections 27 (Paragraphs 1, 2, and 3) of the Constitution. This decision will take effect 360 days from the ruling date.
The Office of the Ombudsman explained that it filed the complaint because the current law allows husbands to sue any gender for adultery, regardless of whether or not the affair is public. However, wives could only sue women, and only if the affair was public. This inequality led the Ombudsman to seek a ruling from the Constitutional Court.
With the court’s decision, relevant agencies must amend the law within 360 days. The decision ensures that same-sex adulterers can be sued, reflecting the principles of the Equal Marriage Act.
The Equal Marriage Act, recently approved by the Senate, repeals Section 1523 of the Civil and Commercial Code. The new provision allows either spouse to claim compensation from anyone who has an affair with their partner, regardless of gender, aligning with the principles of equal marriage.
This ruling and subsequent legislative changes mark a significant step towards gender equality in marital laws, ensuring that all individuals, regardless of gender, are subject to the same legal standards in cases of adultery. The changes also emphasize the government’s commitment to upholding the principles of the Constitution and promoting equal rights for all citizens.
The court’s decision and the newly endorsed Equal Marriage Act highlight a progressive shift in Thai law, ensuring that the rights of all individuals are protected equally under the law.
