RIGHT AND LIBERTY IN MARRIAGE OF ALTERNATIVE SEXUAL PEOPLE

Abstract

In today's society, besides males and females that are congenital and physiologically created by nature. We often find individuals who behave differently in their genders such as sexual deviation behavior. Our current society is more acceptable for this sexual deviation behavior than in the past. Some countries had considered these sexual deviation behaviors as immoral and illegal. They will subject to legal penalties. However, the definition of these people has been defined to refer to the group of people acting in sexual deviation behaviors such as gay, lesbian, bisexual, transgender/transsexual or LGBT. Therefore, the author would like to refer these people as "Alternative Sexual People" 

When Alternative Sexual People has a different sexual orientation from their natural gender. Alternative Sexual People has a passion or desire to live together with people who have the same gender as themselves. The right to expression is based on the right to choose a spouse, the right to form a family, where everyone has equal rights and equality. For the mentioned rights, they are considered the fundamental rights of all persons certified by the Thai Constitution until today. However, if Alternative Sexual People would like to build a family together, it will be complete and legally guaranteed that must be in accordance with the provisions of legal marriage. Nowadays, there are many countries around the world that have Alternative Sexual People common law in marriage. As a result, Alternative Sexual People is recognized in the status of married life together and has rights and duties that should be treated in accordance with the law.

Thailand has not yet enacted a law that certifies the status of Alternative Sexual couples. However, Thailand also prioritizes discrimination based on gender differences that are more open and accepted by people in society. It corresponds to the principles of human rights under the Universal Declaration of Human Rights 1948 and the principles of human rights established in the Constitution of the Kingdom of Thailand. Nonetheless, despite the need for legislation to support Alternative Sexual People living all along. Currently, Thailand has no laws in any relation. Therefore, it is worth studying and considering the reason why Thailand still does not have a law to certify the right to live together in the mentioned Alternative Sexual People.