Taiwan Float in NY Pride Parade Celebrates LGBTQ Movement in Taiwan

Get up to speed on the LGBTQ MOVEMENT IN TAIWAN by reading this comprehensive outline of the relevant history, issues, and debate compiled by our friends at Outreach for Taiwan (reprinted by permission of author):

Major Events:

On May 24, 2017, Taiwan’s Constitutional Court rules that the ban of same-sex marriage is unconstitutional
- Read more:
  - New York Times
  - The News Lens

Background

General support for the LGBTQ community has increased a lot over the years
Taiwan has the potential to be the first country in Asia to legalize same sex marriage
Marriage equality is not just about marriage
Recently, 601 Taiwanese were surveyed and support for legalization was at 40%, oppose at 27%, and undecided at 32% (from the Taiwan Sentinel: https://sentinel.tw/attitudes-gay-taiwan/)
President Tsai shown support for marriage equality, but the nation is still divided
Taiwan wants to be seen as a beacon for human rights in Asia

Video: Taiwan takes step toward legalizing same-sex marriage

Video: Marriage equality is not just about marriage

Recent Events

The LGBTQ Pride Parade in Taipei

2015- LGBTQ Pride Parade

Up to 80,000 people attended it
Marches occurred from downtown Taipei to in front of Presidential office

Video: 2016 Taiwan LGBT Pride

2016- Jacques Picoux committed suicide

Jacques Picoux was a French professor at the National Taiwan University (NTU) who came to Taiwan in 1979
He had a large role with French directors in Taiwan, and even appeared in the movie The Assassin
He had a partner for over 35 years; however when his partner had to be hospitalized and was put on life support, he had no say in the decision
He couldn’t live life without him, his partner, so he jumped off a building and committed suicide
Marriage equality issues resurfaced as a result of this incident, along with the incoming of a new administration

Video: Death of Jacques Picoux (Mandarin)

How is the LGBTQ Community perceived in Taiwan?

Arguments for Support

Human rights
Family rights
Adoption
Property ownership
Inheritance

Arguments Against

Religious values
Traditional family values of Taiwan goes against this
No offspring produced- This is a large concern in Taiwan that Taiwan already has a very low birth rate
Influence of own children- People worry that this influence on children will encourage them to explore and change identities

Main politicians’ stances on the LGBTQ issue

Ma Ying-Jeou at a LGBT civil rights movement event.

Ma Ying-Jeou- when he was mayor in 1999 he allocated USD $1 million for gay rights
- He respected gay marriage, but did not push for legislation
2002: President Chen Shui-bian invited gay rights activists, Gay Right activist Nan Hunter and Human Right Lawyer Michael Bronskito, to meet in the presidential office
2003, Vice-President Annette Lu drafted a basic human rights law that included an article same-sex marriage and adoption rights for gay couples, but it wasn’t passed.
2016- Current President Tsai Ing-Wen posted a video openly supporting gay marriage

Video: President Tsai Ing-Wen on Gay Marriage

Legislation in Taiwan regarding the LGBTQ Community

Three Bills have been proposed by Taiwan Alliance to Promote Civil Partnership Rights

Marriage Equality Bill
- Changes definition of marriage to not be limited to just one man and one woman
- Changing of family law…word changes like
  - Husband and wife → Spouse
  - Father and Mother → Parents
  - Man and Woman → Both parties
- It has been strongly opposed and strongly supported because of these definition changes
- Currently going through second read and has been pushed the furthest in the legislative branch
Same-Sex Partnership Bill
- Discusses what a civil union between two individuals is
- Sets up a special law for partnerships between two people regardless of gender or sexuality
- It is also an anti-discriminatory law (regards inheritance, adoption, status, etc.)
- A similar law was adopted in Germany in 2005
Family Dependent Bill
- Covers what family rights are given regarding to
  - Visitation rights
  - Consent forms
- However it doesn’t cover inheritance or adoption
- Two or more people can register as a family

Legal Proceedings in Taiwan regarding the LGBTQ Community

2004- Gender Equity Education Act

Enforced gender equality in schools
“To promote substantive gender equality, eliminate gender discrimination, uphold human dignity, and improve and establish education resources and environment of gender equality”
Taught about non-traditional gender identification and orientation, however this brought up the nature vs nurture argument for gender identification and orientation

2012– June

Alliance for the Partners’ Rights proposes “Multiple family structure” bill
Contains all three drafts, but required legislator to propose to Legislative Yuan

2013- October

Marriage Equality bill passes first read and is then sent to Committee of Justice but nothing more happens until 2016 election

2016- November 8

Marriage Equality Bill passes with revision to proposal which proposes to allow rights of husband and wife to be applied to couples of same sex marriage

2016- December 26

Committee of Justice, Legislative Yuan reviewed and sent drafts to Legislative Yuan Committee for negotiations among political parties:
- A revision of current Family Law
- Proposal of adding one chapter on the same sex marriage to the current Family Law
- A suggestion that any further or other proposals on the issue of same sex marriage be presented to the Legislative Yuan for discussion

2017- May 24

Taiwan’s Constitutional Court rules that the ban of same-sex marriage is unconstitutional
- Read more:
  - New York Times
  - The News Lens

Where the current status stands on Legislation

Marriage Equality Act must pass Third Read in end of April or early May
- After election of new Legislative Yuan members, unfinished processing has to start all over again if not passed by then
Revisions of the Family Law are undergoing a Constitution clarification by Grand Judges
President Tsai has engaged in talks from supporters and protesters of the Marriage Equality Act