Third gender laws: Thailand to 'buck the biological binary'
Thailand to recognise a third gender, as attitudes towards transgender and intersex people slowly shift

The government of Thailand is set to officially recognise a "third gender" category, in a move designed to protect the human rights of people who do not identify with the sex assigned to them at birth.
"We are putting the words 'third gender' in the constitution because Thai society has advanced," a spokesperson told Reuters.
What is the thinking behind a third gender?
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.

Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
It goes against the belief that gender is binary and falls neatly into two categories. The creation of an official third gender will give people the right to choose not to identify as either male or female.
Several cultures have long acknowledged individuals who "buck the biological binary", according to Foreign Policy. These include the 'hijras' in South Asia, 'kathoeys' in Thailand, and 'muxes' in Mexico. These groups have long faced discrimination and persecution, writes Jake Scobey-Thal, but attitudes – and now laws - are slowly beginning to shift.
"The world, it seems, is slowly embracing an adage once restricted to liberal universities: Gender is a construct, and people should be able to define it for themselves," says Scobey-Thal.
What is Thailand proposing?
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Thailand's constitution is currently being rewritten and is set to include a chapter recognising a third gender category to ensure its members have the same rights and freedoms as everyone else.
Although Thailand is "known worldwide for its vibrant trans culture" and transgender people form a large part of the country's entertainment sector, they still faces legal and professional discrimination, according to LGBT news site The Advocate.
Is similar legislation in place anywhere else?
Thailand is now poised to join a handful of countries including India, Australia and Nepal where people are able to identify as a third gender on official documents. However, in the UK, people who do not identify as male or female currently have no legal recognition of their gender.
Nepal
In "a sign of the conservative Hindu-majority country becoming more liberal", Nepal issued a similar piece of legislation earlier this month which allows passports to be issued to "sexual minorities" and adds a third gender category, according to Reuters.
Germany
Germany became the first European country to allow parents to leave the gender blank on birth certificates if a baby is born intersex (with reproductive or sexual anatomy that does not fall into the typical definitions of female or male). Although welcomed by many, some groups argued that the legislation did not go far enough in addressing intersex rights, the BBC reports.
India
Last year, a supreme court ruling gave people the right to identify as a third gender and gave them legal protection and rights already afforded to other minorities. "Recognition of transgender [people] as a third gender is not a social or medical issue but a human rights issue," the court said, according to Indian news network NDTV.
Australia
In 2011, the Australian government announced that its passports would include a third gender option, but the new legislation has limitations, says Scobey-Thal. It stipulates that those who wish to choose 'X' as their gender must produce confirmation from a health-care professional confirming that they are either intersex or do not identify with the sex assigned to them at birth.
Last year, the social media giant expanded its gender settings, offering users the choice of over 50 option including polygender, gender questioning and non-binary.
"By challenging the gender binary, Facebook will finally allow thousands of people to describe themselves as they are now and it will allow future generation of kids to become truly comfortable in their own skins," Professor Stephen Whittle, vice-president at campaign group Press for Change told the Daily Telegraph.
-
September 13 editorial cartoons
Cartoons Saturday's political cartoons include court-approved racial profiling and America's moral compass
-
Giorgio Armani obituary: designer revolutionised the business of fashion
In the Spotlight ‘King Giorgio’ came from humble beginnings to become a titan of the fashion industry and redefine 20th century clothing
-
Kim Jong Un’s triumph: the rise and rise of North Korea’s dictator
In the Spotlight North Korean leader has strengthened ties with Russia and China, and recently revealed his ‘respected child’ to the world
-
China is silently expanding its influence in American cities
Under the Radar New York City and San Francisco, among others, have reportedly been targeted
-
How China uses 'dark fleets' to circumvent trade sanctions
The Explainer The fleets are used to smuggle goods like oil and fish
-
Thailand, Cambodia agree to ceasefire in border fight
Speed Read At least 38 people were killed and more than 300,000 displaced in the recent violence
-
At least 12 dead in Thai-Cambodian clashes
Speed Read Both countries accused the other of firing first
-
The mounting tensions between Thailand and Cambodia
The Explainer Long-running border disputes are at a decade high, as protesters in Thailand demand the prime minister's resignation
-
One year after mass protests, why are Kenyans taking to the streets again?
today's big question More than 60 protesters died during demonstrations in 2024
-
What happens if tensions between India and Pakistan boil over?
TODAY'S BIG QUESTION As the two nuclear-armed neighbors rattle their sabers in the wake of a terrorist attack on the contested Kashmir region, experts worry that the worst might be yet to come
-
Why Russia removed the Taliban's terrorist designation
The Explainer Russia had designated the Taliban as a terrorist group over 20 years ago