Taiwan Insight
Date: 5 January 2020
By: Jens Damm.

A common criticism in Taiwan and among journalists is the lack of international media coverage of Taiwan. Thus, the fact that Taiwan made headlines internationally when it became the first in Asia to legalise same-sex marriage should be a boost for President Tsai Ing-wen, who was an outspoken supporter of the legislation. However, since Taiwan’s highest court ruled in 2017 to give the Legislative Yuan two years to pass legislation legalising same-sex marriage, it seemed that Taiwan’s international recognition for progressing in gender rights was domestically counterproductive. Tsai, who had already been criticised for being an unmarried female head of state, was increasingly attacked by conservative ‘green camp’ supporters and even members of her own party. Some critics within the Democratic Progressive Party (DPP) exited and established the Formosa Alliance, a party advocating both Taiwan independence and a socially conservative agenda.

After the “victory of LGBTQ” in 2017 a fierce opposition emerged, heavily supported by an US-financed, international evangelical Christian network. This opposition was most evident in the 2018 referenda: despite some opinion polls showing equal support both for and against same-sex marriage, the referenda proved to be a nightmare for activists and Tsai. Questions such as “Do you agree that Civil Code regulations should restrict marriage to being between a man and a woman?” and “Do you agree that the Ministry of Education should not implement the Enforcement Rules for Gender Equity Education Act in elementary and middle schools?” received widespread support. Same-sex marriage was nevertheless legalised, as the Court’s decision overruled the referenda result. There were two exceptions, however, provided for in adoption rights and the restriction of same-sex marriage in binational couples. Same-sex couples can only be married in Taiwan if the spouse also comes from a country which recognises same-sex marriage.

Same-Sex Marriage – the diffusion of a Western development to Taiwan

From the late 1980s Denmark, the Netherlands and Belgium allowed same-sex registered partnerships and gradually began to open marriage for same-sex couples. These countries were followed in the early 2000s by South Africa, other European countries, the Americas, Australia and New Zealand. In most cases, parliaments acted after long struggles by social movements and ‘gay friendly’ political parties. In a few cases, such as Ireland, same-sex marriage was legalised by referendum. Slovenia was a contrary case where a parliamentary proposal for marriage was rejected by referendum. In general, however, social acceptance went along with legislation.   [FULL  STORY]