Same-sex marriage bill moving ahead
Passage in House possible by end of March with enactment expected by year-end
March 14, 2024
Thailand is pushing ahead with its plan to legalise same-sex marriage, with lawmakers set to approve changes that would make the country the first in Southeast Asia to guarantee equal marital rights.
A committee set up by the House of Representatives on Thursday approved the draft amendment to the country’s Civil and Commercial Code, according to Akaranun Khankittinan, a deputy chairman of the panel. Lawmakers are expected to take up the amended bill on March 27 for the second and third readings, he said.
Once the bill clears the elected lower house, it will need a final approval from the Senate and then a royal endorsement before it can be enforced. The process is expected to be completed by the end of the year, Mr Akaranun told reporters.
The bill proposes a key fundamental change to the composition of a marriage, from “a man and a woman” to “two individuals,” and a change in the official legal status from “husband and wife” to a genderless “married couple.” The bill is aimed at guaranteeing LGBTQ couples the same fundamental rights that heterosexual couples currently enjoy under the Civil and Commercial Code.
The so-called “marriage equality bill” is one of the key promises of Prime Minister Srettha Thavisin’s administration, which took power in September last year. Mr Srettha’s cabinet cleared the proposal in December and the parliament approved it in the first reading days later.
The latest version of the bill allows marriage of same-sex partners aged 18 and above, said Tunyawaj Kamolwongwat, another deputy chairman of the committee. It will also grant them rights to inheritance, tax allowances and child adoption among other guaranteed rights.
It’s set to go steps further than the previous military-backed government’s civil union bill, which sought to recognise same-sex civil partnerships in Thailand. That bill would have allowed LGBTQ couples the right to adopt children, jointly manage assets and liabilities, and inherit properties, while stopping short of legalising marriage. The bill failed to secure parliament nod before the lower house was dissolved by then-prime minister Prayut Chan-o-cha ahead of a general election in May last year.
Only two places in Asia — Taiwan and Nepal — currently recognise same-sex marriage, among fewer than 40 countries worldwide.
https://www.bangkokpost.com/thailand/ge ... ving-ahead
Major step toward same sex marriage in Thailand
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Gaybutton
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Re: Major step toward same sex marriage in Thailand
House passes landmark marriage equality bill
Thailand would become just third jurisdiction in Asia to recognise same-sex unions
by Reuters and Aekarach Sattaburuth
March 27, 2024
The House of Representatives on Wednesday passed a marriage equality bill in its final reading, in a landmark step that moves the country closer to becoming the third in Asia to legalise same-sex unions.
The bill requires approval from the Senate and royal endorsement before it becomes law, which is expected later this year. It had the support of all major parties and was passed by 400 of the 415 lawmakers present, with 10 voting against it.
“We did this for all Thai people to reduce disparity in society and start creating equality,” said Danuphorn Punnakanta, a Pheu Thai list-MP and chairman of the parliamentary committee on the draft bill.
“I want to invite you all to make history,” he told fellow lawmakers before the vote.
Mr Danuphorn said the bill would give same-sex couples the same legal rights and benefits as those of husbands and wives.
Those would include government-supported medical treatment and other benefits, tax deductions, the rights to approve the medical treatment of spouses, manage and inherit the assets of spouses, adopt children and organise the funerals of spouses.
The Senate is expected to deliberate the bill on April 1, 2 and 9, the final day of the current parliamentary session, said Kamnoon Sidhisamarn, the Senate chief whip.
A Senate committee would then scrutinise the bill during the parliamentary session break and return it to the Senate for a final vote before the installation of new senators.
The term of the existing 250 appointed senators will end on May 11 but they will carry on until the new 200-member Senate, which will be indirectly elected, takes office.
The passing of the bill marks a significant step towards cementing Thailand’s position as one of Asia’s most liberal societies on lesbian, gay, bisexual and transgender issues, with openness and free-wheeling attitudes coexisting with traditional, conservative Buddhist values.
Thailand has long been a draw for same-sex couples, with a vibrant LGBT social scene for locals and expatriates, and targeted campaigns to attract LGBT travellers.
The bill could take effect within 120 days of royal approval. Thailand would follow Taiwan and Nepal in becoming the first places in Asia to legalise same-sex unions.
The legislation has been more than a decade in the making, with delays due to political upheaval and disagreement on what approaches to take and what should be included in the bill.
The Constitutional Court ruled in 2020 that the current marriage law, which only recognises heterosexual couples, was constitutional, recommending legislation be expanded to ensure rights of other genders.
Parliament in December approved four different draft bills on same-sex marriage in the first reading and tasked a committee to consolidate those into a single draft.
The bills aim to amend 68 provisions under the Civil and Commercial Code to redefine terms to ensure gender equality and diversity.
https://www.bangkokpost.com/thailand/ge ... ality-bill
_________________________________________________________
Thailand's equal marriage bill gets overwhelming support from MPs
by THE NATION
March 27, 2024
The equal marriage bill that allows people of all genders to marry legally sailed through the second and third readings in the House of Representatives with overwhelming support from members of Parliament.
The parliamentary debate on Wednesday saw as many as 399 lawmakers voting in favour of the equal marriage bill, with 10 dissenting, two not voting and three abstentions.
Danuporn Punnakan, a member of a committee vetting the bill, said that the amendment of the law was done for all Thais, under Section 4 of the current Constitution which stipulates “the dignity, rights, and freedom of people must be equally protected”.
The 39-member committee was formed after the House in December last year showed the green light to four gender equality bills proposed by the Move Forward and Democrat parties, the civil sector, and the government. The four drafts were to be merged into one for the second and third readings.
Danuporn, who is also a lawmaker of the ruling party, said that the bill comprised 68 sections, focusing on three issues.
He said some wordings in the bill were changed and that the minimum age for engagement was changed to 18 years old.
The committee has also raised the required age for marriage from 17 years to 18 years, regardless of gender, he said.
During the debate, MPs from the coalition Prachachart Party said that they would not allow a quorum of the meeting as the bill contradicted the Islamic principle.
The approval of the law also gained support from netizens as the hashtag #สมรสเท่าเทียม (equal marriage) became most popular on the X micro-blogging site.
The bills will need to undergo a three-reading process in the Senate, and obtain royal assent before being enacted.
If the equal marriage law makes it through this process, Thailand would become the first nation in ASEAN and the third in Asia, following Taiwan and Nepal, to recognise same-sex marriage
https://www.nationthailand.com/thailand ... s/40036759
Thailand would become just third jurisdiction in Asia to recognise same-sex unions
by Reuters and Aekarach Sattaburuth
March 27, 2024
The House of Representatives on Wednesday passed a marriage equality bill in its final reading, in a landmark step that moves the country closer to becoming the third in Asia to legalise same-sex unions.
The bill requires approval from the Senate and royal endorsement before it becomes law, which is expected later this year. It had the support of all major parties and was passed by 400 of the 415 lawmakers present, with 10 voting against it.
“We did this for all Thai people to reduce disparity in society and start creating equality,” said Danuphorn Punnakanta, a Pheu Thai list-MP and chairman of the parliamentary committee on the draft bill.
“I want to invite you all to make history,” he told fellow lawmakers before the vote.
Mr Danuphorn said the bill would give same-sex couples the same legal rights and benefits as those of husbands and wives.
Those would include government-supported medical treatment and other benefits, tax deductions, the rights to approve the medical treatment of spouses, manage and inherit the assets of spouses, adopt children and organise the funerals of spouses.
The Senate is expected to deliberate the bill on April 1, 2 and 9, the final day of the current parliamentary session, said Kamnoon Sidhisamarn, the Senate chief whip.
A Senate committee would then scrutinise the bill during the parliamentary session break and return it to the Senate for a final vote before the installation of new senators.
The term of the existing 250 appointed senators will end on May 11 but they will carry on until the new 200-member Senate, which will be indirectly elected, takes office.
The passing of the bill marks a significant step towards cementing Thailand’s position as one of Asia’s most liberal societies on lesbian, gay, bisexual and transgender issues, with openness and free-wheeling attitudes coexisting with traditional, conservative Buddhist values.
Thailand has long been a draw for same-sex couples, with a vibrant LGBT social scene for locals and expatriates, and targeted campaigns to attract LGBT travellers.
The bill could take effect within 120 days of royal approval. Thailand would follow Taiwan and Nepal in becoming the first places in Asia to legalise same-sex unions.
The legislation has been more than a decade in the making, with delays due to political upheaval and disagreement on what approaches to take and what should be included in the bill.
The Constitutional Court ruled in 2020 that the current marriage law, which only recognises heterosexual couples, was constitutional, recommending legislation be expanded to ensure rights of other genders.
Parliament in December approved four different draft bills on same-sex marriage in the first reading and tasked a committee to consolidate those into a single draft.
The bills aim to amend 68 provisions under the Civil and Commercial Code to redefine terms to ensure gender equality and diversity.
https://www.bangkokpost.com/thailand/ge ... ality-bill
_________________________________________________________
Thailand's equal marriage bill gets overwhelming support from MPs
by THE NATION
March 27, 2024
The equal marriage bill that allows people of all genders to marry legally sailed through the second and third readings in the House of Representatives with overwhelming support from members of Parliament.
The parliamentary debate on Wednesday saw as many as 399 lawmakers voting in favour of the equal marriage bill, with 10 dissenting, two not voting and three abstentions.
Danuporn Punnakan, a member of a committee vetting the bill, said that the amendment of the law was done for all Thais, under Section 4 of the current Constitution which stipulates “the dignity, rights, and freedom of people must be equally protected”.
The 39-member committee was formed after the House in December last year showed the green light to four gender equality bills proposed by the Move Forward and Democrat parties, the civil sector, and the government. The four drafts were to be merged into one for the second and third readings.
Danuporn, who is also a lawmaker of the ruling party, said that the bill comprised 68 sections, focusing on three issues.
He said some wordings in the bill were changed and that the minimum age for engagement was changed to 18 years old.
The committee has also raised the required age for marriage from 17 years to 18 years, regardless of gender, he said.
During the debate, MPs from the coalition Prachachart Party said that they would not allow a quorum of the meeting as the bill contradicted the Islamic principle.
The approval of the law also gained support from netizens as the hashtag #สมรสเท่าเทียม (equal marriage) became most popular on the X micro-blogging site.
The bills will need to undergo a three-reading process in the Senate, and obtain royal assent before being enacted.
If the equal marriage law makes it through this process, Thailand would become the first nation in ASEAN and the third in Asia, following Taiwan and Nepal, to recognise same-sex marriage
https://www.nationthailand.com/thailand ... s/40036759
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Gaybutton
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Re: Major step toward same sex marriage in Thailand
Disclaimer: This article provides general information and does not constitute legal advice. Consult with a qualified attorney for personalized guidance.
Legal Corner: Dramatic Changes That the New Marriage Equality Law in Thailand Will Make
By Adam Judd
31 March, 2024
The Marriage Equality Bill in Thailand, which has passed the lower house of parliament, is a significant step toward recognizing equal rights for marriage partners of any gender. If it becomes law, here are some major changes it will bring according to our partners at Issan Lawyers, who regularly help contribute to legal related articles here at The Pattaya News.
1. Gender-Neutral Terminology: The bill aims to revise Section 1448 of Thailand’s Civil and Commercial Code, commonly known as the “marriage law.” It will replace the terms “husband” and “wife” with the more inclusive term “spouse.” Additionally, the bill proposes replacing “man” and “woman” with the term “person”.
2. Legal Recognition of Same-Sex Unions: Thailand will become the first country in Southeast Asia to legalize same-sex marriage. This recognition will grant equal rights and responsibilities to couples regardless of their gender.
3. Publication in the Royal Gazette: After approval by the Senate and endorsement by His Royal Majesty the King, the bill will be published in the Royal Gazette. It will then become law after a waiting period of 60 days. During this time, same-sex couples can officially marry and enjoy legal protections.
4. International Recognition: By legalizing same-sex marriage, Thailand will join the ranks of countries such as Taiwan and Nepal in Asia that recognize equal marriage rights. This move will elevate Thailand’s standing in the eyes of the world.
5. Elimination of Gendered Language: The bill’s draft has undergone adjustments to ensure that gendered language aligns with the current social context. Parliamentarians have worked to eliminate wording that might limit rights for LGBTI+ persons, particularly those in same-sex couples with children.
Overall, the Marriage Equality Bill represents a significant milestone in Thailand’s journey toward greater inclusivity and equal rights for all couples, regardless of their gender identities.
Besides the major changes related to marriage equality, the Marriage Equality Bill in Thailand introduces several other legal modifications:
1. Gender-Neutral Language: The bill amends 68 provisions of Thailand’s Civil and Commercial Code. It replaces the existing terms “husband” and “wife” with the more inclusive term “married couple.” This change ensures that LGBTQ couples have equal legal status and rights.
2. Inheritance Rights: Same-sex couples will now enjoy inheritance rights equivalent to those in heterosexual marriages. This means that assets and property can be passed on to a spouse without discrimination based on gender.
3. Adoption Rights: The bill grants same-sex couples the right to adopt children. This significant step ensures that LGBTQ families have the same legal opportunities to create and raise families as heterosexual couples.
4. Medical Decision-Making: With the new law, same-sex spouses will have the authority to make medical decisions for each other. This includes situations where one partner is incapacitated or unable to provide consent.
5. Recognition of Foreign Marriages: The bill acknowledges same-sex marriages performed abroad. Couples who legally marry in other countries will have their unions recognized in Thailand, granting them legal protections and rights within the country.
These changes collectively promote equality, eliminate discrimination, and enhance the legal standing of LGBTQ individuals and couples in Thailand.
LGBTQ+ activists in Thailand have expressed both hope and concerns regarding the Marriage Equality Bill. While they celebrate the progress toward equal rights, they also highlight areas where the bill falls short. Here are some of their concerns:
1. Incomplete Protections: Although the bill legalizes same-sex marriage, some activists argue that it doesn’t provide comprehensive protections for LGBTQ+ individuals. They believe that additional provisions are needed to safeguard against discrimination in various aspects of life, including employment, housing, and healthcare.
2. Parental Rights: The bill does not explicitly address parental rights for same-sex couples. Activists emphasize the need for clear legal guidelines regarding adoption, custody, and parental responsibilities. Ensuring equal rights for LGBTQ+ parents is crucial for family stability and well-being.
3. Transgender Rights: While the bill focuses on marriage equality, it does not specifically address the rights of transgender individuals. Activists advocate for broader legal recognition and protections for transgender people, including name and gender marker changes on official documents.
4. Religious Opposition: A small faction of religious MPs has expressed opposition to the bill. Concerns arise from conservative viewpoints that may hinder its smooth passage. Balancing religious freedom with equal rights remains a contentious issue.
5. Implementation Challenges: Even if the bill becomes law, its effective implementation may face challenges. Activists worry about bureaucratic hurdles, societal acceptance, and ensuring that same-sex couples can exercise their rights without obstacles .
In summary, while the Marriage Equality Bill represents significant progress, activists continue to advocate for a more comprehensive legal framework that addresses the diverse needs and rights of the LGBTQ+ community in Thailand.
_________________________________________________________________________________________________________________
Consider reaching out to Issan Lawyers, contact information below, for assistance with any problems you may have had or questions regarding legal matters, including marriage, which is a major step in life and should involve consulting a reputable lawyer.
Isaan Lawyers specializes in providing legal services for expats and overseas nationals in Thailand. https://isaanlawyers.com/
https://thepattayanews.com/2024/03/31/l ... will-make/
Legal Corner: Dramatic Changes That the New Marriage Equality Law in Thailand Will Make
By Adam Judd
31 March, 2024
The Marriage Equality Bill in Thailand, which has passed the lower house of parliament, is a significant step toward recognizing equal rights for marriage partners of any gender. If it becomes law, here are some major changes it will bring according to our partners at Issan Lawyers, who regularly help contribute to legal related articles here at The Pattaya News.
1. Gender-Neutral Terminology: The bill aims to revise Section 1448 of Thailand’s Civil and Commercial Code, commonly known as the “marriage law.” It will replace the terms “husband” and “wife” with the more inclusive term “spouse.” Additionally, the bill proposes replacing “man” and “woman” with the term “person”.
2. Legal Recognition of Same-Sex Unions: Thailand will become the first country in Southeast Asia to legalize same-sex marriage. This recognition will grant equal rights and responsibilities to couples regardless of their gender.
3. Publication in the Royal Gazette: After approval by the Senate and endorsement by His Royal Majesty the King, the bill will be published in the Royal Gazette. It will then become law after a waiting period of 60 days. During this time, same-sex couples can officially marry and enjoy legal protections.
4. International Recognition: By legalizing same-sex marriage, Thailand will join the ranks of countries such as Taiwan and Nepal in Asia that recognize equal marriage rights. This move will elevate Thailand’s standing in the eyes of the world.
5. Elimination of Gendered Language: The bill’s draft has undergone adjustments to ensure that gendered language aligns with the current social context. Parliamentarians have worked to eliminate wording that might limit rights for LGBTI+ persons, particularly those in same-sex couples with children.
Overall, the Marriage Equality Bill represents a significant milestone in Thailand’s journey toward greater inclusivity and equal rights for all couples, regardless of their gender identities.
Besides the major changes related to marriage equality, the Marriage Equality Bill in Thailand introduces several other legal modifications:
1. Gender-Neutral Language: The bill amends 68 provisions of Thailand’s Civil and Commercial Code. It replaces the existing terms “husband” and “wife” with the more inclusive term “married couple.” This change ensures that LGBTQ couples have equal legal status and rights.
2. Inheritance Rights: Same-sex couples will now enjoy inheritance rights equivalent to those in heterosexual marriages. This means that assets and property can be passed on to a spouse without discrimination based on gender.
3. Adoption Rights: The bill grants same-sex couples the right to adopt children. This significant step ensures that LGBTQ families have the same legal opportunities to create and raise families as heterosexual couples.
4. Medical Decision-Making: With the new law, same-sex spouses will have the authority to make medical decisions for each other. This includes situations where one partner is incapacitated or unable to provide consent.
5. Recognition of Foreign Marriages: The bill acknowledges same-sex marriages performed abroad. Couples who legally marry in other countries will have their unions recognized in Thailand, granting them legal protections and rights within the country.
These changes collectively promote equality, eliminate discrimination, and enhance the legal standing of LGBTQ individuals and couples in Thailand.
LGBTQ+ activists in Thailand have expressed both hope and concerns regarding the Marriage Equality Bill. While they celebrate the progress toward equal rights, they also highlight areas where the bill falls short. Here are some of their concerns:
1. Incomplete Protections: Although the bill legalizes same-sex marriage, some activists argue that it doesn’t provide comprehensive protections for LGBTQ+ individuals. They believe that additional provisions are needed to safeguard against discrimination in various aspects of life, including employment, housing, and healthcare.
2. Parental Rights: The bill does not explicitly address parental rights for same-sex couples. Activists emphasize the need for clear legal guidelines regarding adoption, custody, and parental responsibilities. Ensuring equal rights for LGBTQ+ parents is crucial for family stability and well-being.
3. Transgender Rights: While the bill focuses on marriage equality, it does not specifically address the rights of transgender individuals. Activists advocate for broader legal recognition and protections for transgender people, including name and gender marker changes on official documents.
4. Religious Opposition: A small faction of religious MPs has expressed opposition to the bill. Concerns arise from conservative viewpoints that may hinder its smooth passage. Balancing religious freedom with equal rights remains a contentious issue.
5. Implementation Challenges: Even if the bill becomes law, its effective implementation may face challenges. Activists worry about bureaucratic hurdles, societal acceptance, and ensuring that same-sex couples can exercise their rights without obstacles .
In summary, while the Marriage Equality Bill represents significant progress, activists continue to advocate for a more comprehensive legal framework that addresses the diverse needs and rights of the LGBTQ+ community in Thailand.
_________________________________________________________________________________________________________________
Consider reaching out to Issan Lawyers, contact information below, for assistance with any problems you may have had or questions regarding legal matters, including marriage, which is a major step in life and should involve consulting a reputable lawyer.
Isaan Lawyers specializes in providing legal services for expats and overseas nationals in Thailand. https://isaanlawyers.com/
https://thepattayanews.com/2024/03/31/l ... will-make/
Re: Major step toward same sex marriage in Thailand
This is the provision that interests me the most:
4. Medical Decision-Making: With the new law, same-sex spouses will have the authority to make medical decisions for each other. This includes situations where one partner is incapacitated or unable to provide consent.
Also, having legal Inheritance rights may help lesson confusion during the probate period, but, this being Thailand "confusion" always has a way of reigning.
I imagine we'll see a surge in punters racing off to marry #14...555
4. Medical Decision-Making: With the new law, same-sex spouses will have the authority to make medical decisions for each other. This includes situations where one partner is incapacitated or unable to provide consent.
Also, having legal Inheritance rights may help lesson confusion during the probate period, but, this being Thailand "confusion" always has a way of reigning.
I imagine we'll see a surge in punters racing off to marry #14...555
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Gaybutton
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Re: Major step toward same sex marriage in Thailand
Actually that already can be done. You can set up who you want making those decisions at any hospital. You need your passport and you need to bring along whoever you choose to make those decisions - with his ID. The hospital will do the paperwork and you and your decision maker will sign the appropriate documents. That has to be done at individual hospitals.
How do I know? Because I have already done it with a Thai person I literally trust with my life. If something happens to me that renders me incapable of making my own decisions, he will legally be able to make them for me.
Re: Major step toward same sex marriage in Thailand
Wise move on your part - no doubt, but this is the part that leaves me a bit uncomfortable, as in an emergency there's no guarantee where I'd end up, i.e. Sattahip, Pattaya, Buriram, Bangkok, etc.
If it weren't for the fact that we plan to wed anyway I would do exactly as you have. I definitely wouldn't run off and get married just to gain this benefit - that's for sure.
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Gaybutton
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Re: Major step toward same sex marriage in Thailand
That is a problem. The best I can tell you would be to do this at least in the area where you are most likely to be. That way you're sure to be elsewhere . . .
Being able to do this at all is better than nothing.
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Gaybutton
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Re: Major step toward same sex marriage in Thailand
Senate accepts same-sex marriage bill in first reading
by Aekarach Sattaburuth
April 2, 2024
The same-sex marriage bill cruised through the first reading in the Senate on Tuesday, was referred to a vetting committee and is expected back on the floor in July.
The House of Representatives passed the bill, which supports gender equality, on March 27.
The Senate on Tuesday voted 147-1, with seven abstentions, to accept the bill. The debate was then adjourned for committee stages.
The Senate is going into recess and the vetted legislation is expected to be returned for passage at the next session in July.
Senators agreed in principle to the bill, but some were concerned about issues such as necessary amendments to related laws once it becomes law.
Senator Piyachat Wanchaleom, a member of the committee on law, justice and police affairs, said more time may be needed for the law amendment period, which requires a thorough study by all affected state agencies.
Once it becomes law, Thailand will be the first country in Southeast Asia to allow same-sex marriage and only the third in Asia, after Taiwan and Nepal.
The bill could take effect within 120 days of royal endorsement.
https://www.bangkokpost.com/thailand/ge ... st-reading
by Aekarach Sattaburuth
April 2, 2024
The same-sex marriage bill cruised through the first reading in the Senate on Tuesday, was referred to a vetting committee and is expected back on the floor in July.
The House of Representatives passed the bill, which supports gender equality, on March 27.
The Senate on Tuesday voted 147-1, with seven abstentions, to accept the bill. The debate was then adjourned for committee stages.
The Senate is going into recess and the vetted legislation is expected to be returned for passage at the next session in July.
Senators agreed in principle to the bill, but some were concerned about issues such as necessary amendments to related laws once it becomes law.
Senator Piyachat Wanchaleom, a member of the committee on law, justice and police affairs, said more time may be needed for the law amendment period, which requires a thorough study by all affected state agencies.
Once it becomes law, Thailand will be the first country in Southeast Asia to allow same-sex marriage and only the third in Asia, after Taiwan and Nepal.
The bill could take effect within 120 days of royal endorsement.
https://www.bangkokpost.com/thailand/ge ... st-reading
Re: Major step toward same sex marriage in Thailand
Sounds like it's time for a thread on "Prenuptual Agreements in Thailand" 
I'm very resistant to the idea of marriage, so someone else can start.....
To be fair, most boys might be even more resistant to seeing me as a marriage candidate.
I'm very resistant to the idea of marriage, so someone else can start.....
To be fair, most boys might be even more resistant to seeing me as a marriage candidate.
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Gaybutton
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Re: Major step toward same sex marriage in Thailand
I'm not resistant to it, but there are aspects of it I don't like. For me, the main dislike is if it is a gay marriage, sooner or later the police will show up to make sure you are living together, both sets of clothes are there, and other things that will satisfy them that you are truly married and it's a genuine marriage rather than a marriage in name only for whatever reasons.
To me, that is highly discriminatory. I've never heard of such checks being made on heterosexual couples. I'm not sure what happens next if the police are not convinced the marriage is genuine, but if heterosexual couples don't have to prove it, why do gay couples?
Even if the gay couple is not living together, there could be many reasons for that other than the marriage being "fake news" and married couples do separate sometimes. I don't think it's right that if I enter into a gay marriage, now I have to prove myself to the satisfaction of the police.
Again, if the police and/or whatever authorities think it is an in-name-only, what happens? Is the marriage annulled? Is there some sort of due process hearing and, if there is, who presides and gets to make the decisions?