Thailand's new Constitution will have provisions for the Third Sex

[Rockheart]

As Thailand is in the process of drafting a new constitution, word is they will be including reference to right for the "Third Sex".
The Third Sex can include Gays, ladyboys and others that do not fit the traditional sexual roles.

Thailand's constitution will include the term "third gender" for the first time, a member of a panel drafting a new charter said on Thursday, in a move to empower transgender and gay communities and ensure them fairer legal treatment.

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See more at: http://www.straitstimes.com/news/asia/south-east-asia/story/thailand-recognise-third-gender-new-constitution-panel-20150115

http://newsinfo.inquirer.net/664771/third-gender-will-be-acknowledged-in-thailands-new-constitution

[rxpharm]

This is progress, but ultimately not a good solution if a transgender wants to travel. There are very few countries that have other than M or F for immigration/visa processing - so having a "3rd" gender on the passport could be problematic for Thai transgenders when traveling overseas.

However if they have rights protections that go along with this new recognition that would be a step forwards. There has been talk of this for quite some time - since the first coup that ousted Thaksin, but following political instability kept it from progressing.

[Rockheart]

This is progress, but ultimately not a good solution if a transgender wants to travel. There are very few countries that have other than M or F for immigration/visa processing - so having a "3rd" gender on the passport could be problematic for Thai transgenders when traveling overseas.

However if they have rights protections that go along with this new recognition that would be a step forwards. There has been talk of this for quite some time - since the first coup that ousted Thaksin, but following political instability kept it from progressing.

I have not read anywhere that this would affect passports, although it may open the doors to LBs being able to change it to Female.
I agree have an actual legal third sex would be confusing, but that really goes against what a ladyboy is anyway.
Plus "third sex" is meant to include gays who wouldn't necessarily want to identify or have some weird sex (or "Gay") on their ID.
It seems more like to be against discrimination and rights more than anything.
Probably the ability to get more jobs, specifically government type jobs.

As I was told by my ex-GF, ladyboys are upset in Thailand because they have to pay a "singles" tax. Singles pay a much higher tax rate, as is the case in most countries. But since Gay marriage is not recognized and Ladyboys can never become Females, they always have to claim as singles. Not sure if Thailand has the equivalent of common law marriage, but it still probably wouldn't apply to ladyboys.
So by default ladyboys are disadvantaged in the job market.
I explained to her that singles everywhere pay more in tax, but that still doesn't help if they have no choice.

Part of the issue too is when there is Anti-government protests, no matter which side is protesting, the ladyboys just show up in the crowd to protest their status in society. This is true of many special interest groups in Thailand, when there is protests they just go join the mob. This does not help anyone recognize their individual complaints, but that is Thailand. They like to do everything in mobs, with lots of food.

[rxpharm]

Will have to see how they implement it. Australia's implementation was to have a "3rd" sex category for transgender passports, which has caused some difficulty when they need visas, and clearing through immigration. There are a couple of other Asian countries that have done something similar.

[rxpharm]

Here's an interesting opinion piece from The Nation about LBGT rights in Thailand.

The bitter truth behind Thailand's gay-friendly image




Siraphob Thanthong-Knight
Deutsche Presse-Agentur January 23, 2015 1:00 am

The latest research suggests more than half of us believe homosexuality is morally wrong - a prejudice that's reflected in the law

In Bangkok's lively Silom district, customers pile into a small, noisy gay bar on a busy Saturday night. Chakgai Jermkwan and his partner Sean L'Estrange co-own the popular venue, which is located on a narrow soi lined with gay bars.

The couple have been together for eight years and were legally married three years ago in Boston, Massachusetts.

"We are a married couple in the US but here in Thailand, we are just two friends in the eye of the law," Chakgai says. "If something bad happened to him tomorrow, I wouldn't have a say in anything," Sean adds. "I would be nothing."

Thailand welcomes lesbian, gay, bisexual and transgender (LGBT) visitors: its tourism authority targets the LGBT market, and Bangkok is often the only Asian city included on lists of gay-friendly tourist destinations around the world. There is no law against homosexuality in Thailand, in contrast to some of its regional neighbours.

However, Thai society is less accepting of its own lesbian, gay, bisexual and transgender communities. Among Thais between 15 and 24 years old, 56 per cent think homosexuality is wrong, according to recent research by Khon Thai Foundation, a non-profit organisation. By comparison, more than 70 per cent of young people in Japan, South Korea, the Philippines and western European countries think that homosexuality should be accepted by society at large, according to the Pew Research Centre, an American think-tank.

In a country where nearly 95 per cent of people are Buddhists, many believe that gay or transgender people suffer from bad karma for committing adultery in their past lives.

"I find it surprising that Thailand, being one of the most gay-friendly countries [for foreigners], does not have laws that support and protect the LGBT community," says L'Estrange, an Irish-American who has lived here for almost 10 years.

Thailand has no laws against discrimination toward LGBT people, and a recent surrogacy bill defines parents as members of heterosexual couples only. Same-sex marriage is neither licensed nor recognised.

Although a partnership bill has been drafted and will be submitted to Parliament, gay rights activists have concerns about it.

The Anjaree Group, Thailand's largest lesbian and gay rights activist organisation, has criticised the bill for not granting homosexual couples the same rights as their heterosexual counterparts. The proposed Civil Partnership Act includes the right to use one's spouse's surname, the right to end the partnership and property rights. But it also raises the age of legal consent from 17 to 20 and does not include joint adoption or parental rights.

"Although we won't get all the rights we deserve, at least it'll be a good start," says Chakgai.

Transgenders, or "katoey", are more common in Thailand than perhaps in any other country in the world, but they too complain of discrimination.

It is estimated that 1 in 166 men in Thailand is katoey, compared to

1 in 2,500 in the United States, according to research by the University of Hong Kong.

It was not until 2011 that the Ministry of Defence stopped classifying katoey - men living as women, not limited to those who have undergone gender reassignment surgery - as people with permanent psychological problems.

Again, the legal framework seems to lag behind. Transgender females are still identified as male in their passports, for instance, although there have been hints that katoey may get formal recognition under the country's next constitution.

"Society seems to have space for transgenders [only] specific to the entertainment and tourism industry," says Kath Khangpiboon, the only transgender lecturer at Thammasat University.

"I am very fortunate that the university considered me for my ability, but most transgenders do not get that chance," says the social welfare professor.

"I have heard many stories of employers telling transgender women to go cut their hair or dress like a man in order to get the job. The country's liberal image is superficial," she says.

Changing image into reality may require a more concerted effort from the authorities and the LGBT community.

"There are no openly gay people in high-ranking offices who can influence the change in both law and attitude," says Suppakorn Chudabala, a gay rights researcher. "The local LGBT community needs to be more active as well."

The Justice Ministry's Kertchoke Kasemwongjit, head of the team drafting the same-sex partnership bill, agrees that more activism is needed.

"We need more support from LGBT people to implement changes in the law," he says.

"The first step in advocating for LGBT rights is to educate people that being homosexual or transsexual is not wrong," Suppakorn says.

"People need to stop thinking that heterosexual is a norm and understand that sexuality is diverse. We are not asking for any privileges," says Chakgai, the bar owner.

"We just want to be treated equally, like everyone else."

Hopefully these long discussed changes will become law, instead of being swept aside due to political instability, and continued activism will lead to better lives for all LBGT people in Thailand.

[Rockheart]

Here is another interesting article about status of Ladyboys in Thailand.

http://www.thedailybeast.com/articles/2015/02/08/the-best-place-to-be-trans-is-a-dictatorship.html

Ladyboys while fairly accepted in Thailand, still don't have any specific rights.
The concept of a Third Gender in the constitution is really just an all inclusive term meaning everyone LGBTQ
In the west Gay is usually the term that includes all people LGBTQ.
In Thailand Gays are marginalized compared to TGs, while the opposite is truein the west where TGs are lumped in with gays.

In the west TGs are seen as having a medical condition or handicap, where in Thailand they are seen as being a different sexuality or orientation. It is not thought they have gender dysphoria per se.
I agree that TGs in the west are not handicapped or sick but usually to gain rights or recieve assistance in Western Countries, you have to prove some type of medical condition. As the laws more and more allow people to self identify on gender, this need to have a medical condition will hopefully subside. However there does have to be some rules in place to keep kids or other people from having SRS surgery on a whim, this they could regret later.

Thailand is trying to recognized diverse sexuality rather than trying to define some medical condition which is probably more correct. Still they are mixing sexual preference with gender identity. Just because are TG doesn't mean you are gay or whatever.

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http://www.thedailybeast.com/articles/2015/02/08/the-best-place-to-be-trans-is-a-dictatorship.html