Towards a More Equal Equality: LGBTQ+ Rights in Taiwan’s Post-2019 Political Landscape

This article was originally published by Global Taiwan Institute in its weekly newsletter, The Global Taiwan Brief, Vol. 9, Issue 12. Used with permission. To get the Global Taiwan Brief in your inbox every week, subscribe at globaltaiwan.org/subscribe. Juliet Paulson is a Fulbright grantee and graduate student in Asia-Pacific Studies at National Chengchi University.

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On May 24, 2019, Taiwan made international headlines as marriage equality legislation—the first of its kind in Asia—went into effect. Though a watershed moment for local LGBTQ+ activism, the new law stopped short of granting same-sex couples a status on par with their heterosexual counterparts, and left a broad range of concerns beyond marriage unaddressed. Five years later, Taiwan’s legal framework encompasses a broader array of LGBTQ+ rights, incorporating significant updates to the 2019 legislation aimed at establishing a more “equal” marriage equality. Still, difficulties mobilizing long-term support for gender and sexuality issues among members of the public and politicians alike—as showcased by Taiwan’s 2024 elections—complicate the path to future progress.

Equality After Marriage

Though many civil society organizations at the forefront of Taiwan’s LGBTQ+ movement celebrated 2019’s legislative win as a step in the right direction, they were also quick to point out its limitations. Notably, activists had pushed for a direct amendment to Taiwan’s civil code that would expand the definition of marriage to include same-sex couples. Instead, the legislature passed the separate Act for Implementation of Judicial Yuan Interpretation No. 748(司法院釋字第七四八號解釋施行法)—often simply referred to as the “special marriage law” (婚姻專法)—in the wake of the 2018 national referendum, which supporters of marriage equality widely saw as a major setback. Excluding same-sex couples from the civil code has barred access to protections such as legal recourse when experiencing abuse by an in-law, a gap only recently addressed by a November 2023 revision to Taiwan’s Domestic Violence Prevention Act (家庭暴力防治法).

In recent years, same-sex couples have gradually gained a host of other rights, bringing Taiwan’s special marriage law closer to true marriage equality. Regulations limiting some transnational couples from being legally married were repealed in January 2023, though Taiwanese citizens with a same-sex partner from the People’s Republic of China (PRC) are still unable to register for a marriage license. Comprehensive parental rights were also missing from the original legislation, which only allowed same-sex couples to jointly adopt children biologically related to one partner. Following successful legal challenges, the government subsequently granted full co-adoption rights to same-sex couples in May 2023. While this process received somewhat less domestic and international attention than the marriage equality legislation itself, the updated policy means couples no longer need to choose between marriage and parenthood—a landmark achievement that can be tied to the tireless advocacy of Taiwanese civil society.

Despite the legalization of adoption, assisted reproductive technology (ART) remains exclusively available to heterosexual couples, and thus inaccessible to both single individuals and same-sex partners. This issue has attracted greater attention since late 2023, when the Ministry of Health and Welfare (衛生福利部) announced its plans to propose a draft amendment to Taiwan’s Assisted Reproduction Act (人工生殖法), possibly motivated by concerns over Taiwan’s declining fertility rate. In addition to ART access, transgender rightshave increasingly gained visibility, while activists are pushing for the passage of Taiwan’s first comprehensive anti-discrimination “Equality Law” (平等法).

In this context, while major legislative strides have been made towards expanding the rights available to Taiwan’s LGBTQ+ community, significant opportunities remain for further political and social progress. Even as general attitudes towards LGBTQ+ individuals are gradually becoming more positive, discrimination persists in venues such as schools and workplaces. Furthermore, the social divides that characterized the buildup to the legalization of marriage equality have not entirely receded. In a 2023 Pew Research Center survey, 42 percent of Taiwanese respondents were opposed to same-sex marriage. As marriage equality becomes increasingly institutionalized in Taiwan, many members of this group have turned to transphobic rhetoric in their attempt to galvanize the public. This has led to the establishment of organizations like No Self ID Taiwan, which claims to protect the rights of women while advancing an anti-trans agenda.

The current situation reflects an overall trend in which legislative progress in Taiwan is not always matched with an equal amount of consideration when it comes to its practical implementation. Experts have long pointed out how this manifests with regard to gender equality, such as the discrepancy between robust anti-sexual harassment legislation and informal tolerance of such behaviors. With a policy environment that outstrips many of its neighbors in terms of accounting for the needs of marginalized communities, Taiwan nonetheless struggles to make these laws meaningful in a day-to-day sense, which has a profound impact on the lived experiences of local LGBTQ+ community members. Simultaneously, despite inclusive policy updates over the past five years, an overall lack of political willpower from major parties to make gender and sexuality rights a core agenda item represents another major challenge to LGBTQ+ advocacy.

LGBTQ+ Rights in the Arena of Electoral Politics

The inauguration of Democratic Progressive Party (DPP, 民進黨) president-elect Lai Ching-te (賴清德) took place on May 20, 2024, only four days before the fifth anniversary of the legalization of same-sex marriage in Taiwan. Unlike his predecessor Tsai Ing-wen (蔡英文), who campaigned on explicit support for marriage equality, Lai did not make gender and sexuality rights a major part of his platform. (However, in October 2023 he became the most senior government official to attend Taipei’s annual Pride march, the biggest in Asia.) Mere months after a homegrown #MeToo Movement that swept across Taiwan during the summer of 2023, some commentators remained pessimistic as to the prospects for sustained social or political change, while the short-lived reckoning that transpired did not seem to have any long-term impacts on the 2024 election.

Indeed, former Taipei city mayor and Taiwan People’s Party (TPP, 台眾黨) chair Ko Wen-je (柯文哲), who has repeatedly faced criticism for sexist comments, picked up 26 percent of the presidential vote share—a considerable margin for a third-party candidate. Only two months before the election, Ko suggested that schools should treat LGBTQ+ students as though they have a mental or emotional disorder. Meanwhile, a cohort of young candidates with a record of support for LGBTQ+ rights who came to politics by way of the 2014 Sunflower Movementsuffered an “overwhelming defeat” at the polls. One of them was current Social Democratic Party (SDP, 社會民主黨) city councilor Miao Poya (苗博雅), known for being one of the first openly lesbian candidates elected to a prominent public office. In this context, whether the incoming administration will prove responsive to LGBTQ+ civil society—and the overall salience of gender and sexuality rights in Taiwan’s political discourses going forward—remains to be seen.

On Taiwan’s long road to legalizing same-sex marriage, LGBTQ+ rights have become a hot-button issue that both the supporting and opposing camps have mobilized to spark mainstream social discussion. More recently, however, economic issues have been at the forefront of Taiwan’s elections, as social inclusion took a backseat to more immediate frustrations over rising housing prices paired with consistently low wages. Additionally, while small-scale, negotiated policy shifts can contribute to building a more equal Taiwan, they are unlikely to make the same international splash as marriage equality—an issue that tends to attract comparatively heightened focus worldwide. This means that future policy adjustments may not provide the government with the same global reputation boost, reducing political incentives to enact meaningful change in the absence of sustained, cross-cutting pressure from Taiwanese society.

Despite these barriers, incremental changes are underway that could form a path to a more inclusive future. According to the PrideWatch initiative of the Taiwan Equality Campaign (彩虹平權大平台), the 2024 election saw more LGBTQ+-friendly candidates both participate and win seats compared to the previous cycle. In Kaohsiung, the formerly independent DPP newcomer Huang Jie (黃捷) became Taiwan’s first openly LGBTQ+ legislator. And while Miao Poya lost her legislative bid, she captured an impressive 45 percent of the vote share in Taipei’s Da’an District, a Kuomintang (KMT, 國民黨) stronghold. Persisting through repeated attacks on her sexuality and progressive platform, Miao’s success in rallying support for key issues related to social and economic justice could provide lessons for politicians with similarly ambitious agendas. Ultimately, the mixed bag of these electoral results showcases existing obstacles facing LGBTQ+ candidates and campaign issues along with future possibilities.

Meanwhile, change is afoot in Taiwan’s neighboring countries. As of early 2024, legal challenges to Japan’s constitutional ban on same-sex marriage have been picking up steam, while marriage equality legislation remains pending in Thailand. What human rights monitors hoped would come to pass in 2019 may well be on the way: Taiwan’s legislative progress could herald a deeper commitment to LGBTQ+ rights regionally. At the same time, the case of Taiwan demonstrates the degree to which such gains may be accompanied by new challenges, both socially and politically. While marriage equality developments are most likely to make the news, civil society and policymakers must devote consistent attention to a broader suite of relevant issues for LGBTQ+ communities to experience a truly equal version of equality.

The main point: Five years after Taiwan’s landmark marriage equality legislation, gradual updates to this law have led to an increasingly inclusive legal environment for LGBTQ+ residents. However, outstanding advocacy priorities and difficulties with gaining a firm foothold in Taiwan’s current political landscape point to the challenges ahead on the road to equal rights.

(Featured photo from Department of Information and Tourism,Taipei City Government)