What’s Next for LGBTQ Rights in Taiwan?

Taiwan formally legalized same-sex marriage on May 17, after the Legislative Yuan passed a bill ahead of the May 24th deadline imposed by a constitutional court ruling in 2017. While the bill is a milestone for Taiwan as the first country in Asia to legalize same-sex marriage, the campaign leading up to this legalization has been a contentious one.

Though Taiwan’s constitutional court has ruled in 2017 that the Legislative Yuan must grant rights for same sex couples to marry within two years, it did not mandate how it should have been implemented.

Leading up to 2018, LGBTQ rights activists and their opponents raised a total of five ballot questions on LGBTQ rights as part of the the November 2018 election and referendum. While the pro-LGBTQ activists were made mostly of grassroots volunteers, the anti-LGBTQ groups, many with ties to religious groups, mobilized an overwhelming amount of resources to advertise their case across different media platforms. A certain degree of misinformation was also at play as anti-rights activists attempted to demonize same-sex marriage.

In the November election, the pro-LGBTQ activists suffered from a shocking defeat, as around 70% of Taiwan’s voters rejected proposals advancing rights and same-sex education. Similarly, 70% of voters accepted proposals that would push same-sex marriage laws outside of the existing civil code, to be set up in a separate special law. Effectively, the Taiwanese demanded a “separate but equal” doctrine for the LGBTQ community, with more emphasis on separating than equality.

Since their defeat in November, the Tsai administration and her Democratic Progressive Party (DPP) tried to claw back some of the support they lost. The DPP still controls a majority in the Legislative Yuan from the last election in 2016, when it won the presidency in the aftermath of the Sunflower Movement.

Misinformation and manipulation of the public opinion itself became a topic of attention, as the state of Taiwan’s media came in light under the suspicion of influence efforts by China. The Tsai administration nevertheless performed well in standing up assertively during the beginning of the year, when China’s Xi Jinping reiterated the “one country, two system” formula for annexation and cited his will to not give up the use of military in achieving this goal.

Friday’s legalization was surprising in that it also included seven KMT legislators who broke rank, suggesting that younger generations of KMT may be breaking with the old guards on this issue. In addition, while between the various parties of the Legislative Yuan multiple bills to legalize same-sex marriage were proposed, the one passed eventually was the least conservative draft proposed by the administration. In this version, most marriage rights are granted (though no equivalent rights were given for adoption), and along with other finer details a compromise was proposed in mind of the overwhelming defeat in the November referenda.

Going forward

Though progress has clearly been made in Taiwan, the advocates will now have to focus on whether progress will continue to be made for the LGBTQ community. Despite the legalization of same-sex marriage, the general societal attitude towards the LGBTQ community is still hostile and unaccepting. This perhaps is influenced by traditional Confucian values, which preach a rigid, hierarchical family structure that has shaped many Taiwanese households to this day. This is reflected upon by other laws such as the criminalization of adultery, which is illegal mostly only in Islamic countries where laws are influenced by conservative Sharia laws.

For many in Taiwan, Friday’s progress is certainly worthy of celebration and a historic moment. However, as clear as the laws are, there are still gaps before the LGBTQ community can enjoy civil rights and liberties enjoyed by the rest of the Taiwanese society. While the legal code on same-sex marriage in Taiwan may have changed, hostility to the community and polarization on the topic will still exist. This is the primary reason why rights are granted in a separate law rather than through existing marriage laws in the civil code.

A rejection of the plan to promote gender equality and accepting homosexuality in Taiwan’s education system in the November referenda will test the Taiwan’s ability to foster a LGBTQ-friendly society. Whether the DPP can continue to hold power for another four years would be crucial to this, as the KMT has outspokenly opposed legalization, even threatening to repeal the progresses made today if they are to take control in 2020.

Furthermore, the overarching image that Taiwan would want to project internationally consists of progressive values such as tolerance, diversity, and universal values. As President Tsai Ing-wen frequently labels, Taiwan stands as a “beacon of democracy” in Asia. It has regularly followed international law regimes and norms in human rights and other areas despite nonmembership in most international organizations.

It will be a challenge for the movements to push for more LGBTQ rights in Taiwan. For one, immediately after announcement of legalization and reports by international media, sharp-eyed journalists have picked up the language differences in whether outlets have reported Taiwan as a “country” or not. Evidently, though many in Taiwan are proud for being the “first in Asia” for legalizing same-sex marriage, the issue of Taiwan’s political identity still remain a much bigger topic that grabs the attention of Taiwanese voters to this day. Without focusing on the original message of equality and rights, these discussions can easily shift attention and dilute the progress made by Taiwan.

While the LGBTQ community are finally allowed given the right to love and the right to walk on the streets freely and proudly, Taiwan will need to continue to fight for their right to be respected as equals, free from judgement and hostility, in its increasingly diverse society.

(Feature photo by KOKUYO on Wikicommons, CC BY-SA 4.0)