In a first for Asia, Taiwan moves to legalize same-sex marriage

 

 The island's highest court had just struck down Taiwan's anti–gay marriage laws as unconstitutional, paving the way for the first system of legalized same-sex marriage anywhere in Asia. "The judges have today said yes to marriage equality," Amnesty … </s> TAIPEI, Taiwan (AP) — Taiwan's legislature voted today to legalize same-sex marriage, a first in Asia and a boost for LGBT rights activists who had championed the cause for two decades.

Lawmakers pressured by LGBT groups as well as by church organizations opposed to the move approved most of a government-sponsored bill that recognizes same-sex marriages and gives couples many of the tax, insurance and child custody benefits available to male-female married couples.

That makes Taiwan the first place in Asia with a comprehensive law both allowing and laying out the terms of same-sex marriage.

Taiwanese President Tsai Ing-wen, a supporter of the law, tweeted: "On May 17th, 2019 in Taiwan, LoveWon. We took a big step toward true equality, and made Taiwan a better country."

"It's a breakthrough, I have to say so," said Shiau Hong-chi, professor of gender studies and communications management at Shih-Hsin University in Taiwan.

Thousands of people, including same-sex couples, demonstrated Friday morning in the rainy streets outside parliament before the vote. Many carried rainbow-colored placards reading "The vote cannot fail." About 50 opponents sat under a tent outside parliament and gave speeches favoring marriage between only men and women.

Taiwan's Constitutional Court in May 2017 said the constitution allows same-sex marriages and gave parliament two years to adjust laws accordingly.

The court order mobilized LGBT advocacy groups pushing for fair treatment, as well as opponents among church groups and advocates of traditional Chinese family values that stress the importance of marriage and producing offspring.

Religion, conservative values and political systems that discourage LGBT activism have slowed momentum toward same-sex marriage in many Asian countries from Japan through much of Southeast Asia, although Thailand is exploring the legalization of same-sex civil partnerships. </s> Taiwan just got a lot closer to becoming the first place in Asia to legalize same-sex marriage, after a landmark court ruling declared it unconstitutional to keep people of the same sex from getting married.

Videos on social media showed people in the streets celebrating the news, a culmination of decades of lesbian, gay, bisexual, transexual, and queer (LGBTQ) activism in Taiwan.

“Disallowing two persons of the same sex to marry, for the sake of safeguarding basic ethical orders” has no “rational basis,” the court wrote Wednesday, adding that “sexual orientation is an immutable characteristic that is resistant to change.”

The court, formally known as the Council of Grand Justices, has given Taiwan’s parliament two years to either amend its current law or pass new legislation to legalize same-sex marriage. But many are worried conservative and religious groups in the region might continue to stall such an effort.

While Taiwan is at the forefront of same-sex rights in Asia — it has held an annual gay pride parade since 2003 — some religious conservatives believe Taiwan’s fourteen high court justices should not effect such an extreme shift in the country’s policies.

“The majority of the population does not know what’s happening,” Robin Chen, a spokesperson for the Coalition For Happiness of Our Next Generation — which links support for same-sex marriage to an uptick in HIV infections — told the Guardian. “We need to discuss things on different levels because family is the foundation of society.”

Last year, when a bill to legalize same-sex marriage was presented in parliament, an estimated 20,000 conservatives came to protest in Taipei.

However, since Taiwan’s Democratic Progressive Party came to power last year, it has done much to bolster LGBTQ rights. President Tsai Ing-wen openly supported it on the campaign trail, though she has since declined to put her full weight behind the issue. Nevertheless, the office of the president reinforced the court’s ruling in a statement, urging government agencies to draft new legislation “as quickly as possible.”

The ruling has also instilled hope in activists abroad.

“The decision by Taiwan’s Constitutional Court is a huge victory in ensuring the right of loving and committed same-sex couples to marry,” said Human Rights Campaign President Chad Griffin. “Coming at a time when LGBTQ people around the globe are being targeted and harassed just because of who they are, this victory reinvigorates our crucially important work to advance equality.”

If parliament fails to pass a bill in two years, the court says, “two persons of the same sex who intend to create the said permanent union shall be allowed to have their marriage registration effectuated … by submitting a written document signed by two or more witnesses.”

The ruling came in response to two separate petitions: one from Chi Chia-wei, a long-time LGBTQ activist in Taiwan, and another from the capital city of Taipei, which was sued after it refused to grant marriage licenses for same-sex couples. </s> Taiwan’s constitutional court declared on Wednesday that same-sex couples have the right to legally marry, the first such ruling in Asia. The court, known as the Judicial Yuan, said current marriage laws were “in violation of both the people’s freedom of marriage … and the people’s right to equality”, and it gave two years for legal amendments to allow same-sex marriage.

“If relevant laws are not amended or enacted within the said two years, two persons of the same sex who intend to create the said permanent union shall be allowed to have their marriage registration effectuated,” the court said.

Lesbian, gay, bisexual and transgender rights activists had harboured high hopes their years of campaigning for same-sex marriage would win the court’s backing.

The ruling Democratic Progressive Party that swept national elections in the self-ruled island last year supports the change.

The ruling clearing the way for same-sex marriage is the first in Asia, where socially conservative attitudes largely hold sway.

But Taiwan has a reputation as a beacon of liberalism in the region.

“Sexual orientation is an immutable characteristic that is resistant to change,” the court said.

“Furthermore, the freedom of marriage for two persons of the same sex, once legally recognised, will constitute the collective basis, together with opposite-sex marriage, for a stable society,” it said.

Taiwan, which China regards as a renegade province, has a famous annual gay pride parade that showcases the vibrancy of its lesbian, gay, bisexual and transgender community.

For all the latest World News, download Indian Express App now </s> (CNN) Taiwan's top court has cleared the way for the island to become the first place in Asia to grant same-sex couples the right to marry.

The country's Constitutional Court ruled Wednesday that current laws, which say that marriage is between a man and a woman, violate the Constitution.

The panel of judges has given the island's parliament, known as the Legislative Yuan, two years to amend or enact new laws, which could potentially make Taiwan the first place in Asia to allow same-sex marriage.

The island has a large gay community and its annual gay pride parade is the biggest in Asia but the issue of marriage equality has divided Taiwanese society, with thousands turning out in recent months to protest for and against marriage equality

Protesters march against same-sex marriage outside the Parliament in Taipei on November 17, 2016.

"This explanation is a step forward in the history of Taiwan's same-sex marriage," said Yu Mei-nu, a Taiwanese legislator.

Yu said the court's explanation means that even if lawmakers do not pass legislation allowing same-sex marriage in the next two years, gay couples will still be able to marry by this time in 2019.

"I hope that the legislators will have the moral courage to pass same-sex marriage into law, however it is hard to predict how long it will take, at this moment," she said. "The opposition toward gay marriage in Taiwan won't just gladly accept it and give up the debate, so the debate will continue."

Draft legislation is already making its way through Taiwan's Parliament but it has stalled.

"We feel that this is a huge success for the LGBT and marriage equality movement in Taiwan," said Wayne Lin, an activist who runs an LGBT hotline on the island.

"We want to amend the Civil Code so same-sex couples can get married... our target is to complete this whole process within this year."

"In the face of love, everyone is equal," she said in a Facebook video during 2015's gay pride parade.

"I support marriage equality. Every person should be able to look for love freely, and freely seek their own happiness."

The decision came in response to two requests for a Constitutional Court ruling on article 972 of Taiwan's civil code, which states that marriage is between a man and a woman.

One of the requests was filed in 2015 by Chi Chia-wei, a veteran gay rights activist who has spent more than half his life fighting for marriage equality in Taiwan, according to the island's official Central News Agency (CNA).

The other request was filed by the Taipei city government the same year after three same-sex couples lodged an administrative lawsuit against the government when their marriage registrations were rejected, CNA reported.

Japan does not recognize same-sex marriage, although a handful of cities and wards have legalized same-sex partnerships. However, LGBT people are not protected from discrimination under Japanese law.

Homosexuality is not illegal in China and the Communist government removed it from the official list of mental disorders 16 years ago, but activists and experts say that prejudice and discrimination persist.

No Asian nations are on the 23-strong list of countries that have legalized same-sex marriage, according to Pew Research , although it was permitted in New Zealand in 2013. </s> TAIPEI, TAIWAN >> Taiwan’s Constitutional Court has ruled in favor of same-sex marriage, making the island the first place in Asia to recognize gay unions.

The court on Wednesday said the current civil code that does not permit same-sex marriages was a violation of two articles of the constitution of the Republic of China, Taiwan’s official name.

It says authorities must either enact or amend relevant laws within two years, failing which same-sex couples could have their marriages recognized by submitting a document.

Both the ruling and major opposition parties support legalization of same-sex marriage, as do a majority of the public and President Tsai Ing-wen.

Gays and lesbians in Taiwan have formed an effective lobby in recent years, with an annual Gay Pride march drawing tens of thousands. </s> Taiwan’s parliament approved a bill on Friday that legalizes same-sex marriage, making it the first place in Asia to do so. Hundreds of supporters who gathered outside parliament cheered and embraced at the news.

The island’s Constitutional Court ruled in 2017 that Taiwanese laws prohibiting same-sex couples from marrying violated their personal freedom and equal protection – and gave the government two years to come up with a legal framework to comply with the decision.

Parliament considered three different bills before passing the most progressive among them 66-27, the BBC reports, supported by the majority Democratic Progressive Party. It was the only of the proposed bills to use the word “marriage” to define the same-sex relationship, rather than terms such as “same-sex union.”

Marriage equality was part of President Tsai Ing-wen’s 2016 campaign platform. Before the vote on Friday, she tweeted: “Good morning Taiwan. Today, we have a chance to make history & show the world that progressive values can take root in an East Asian society. Today, we can show the world that LoveWins.”

After it passed, she posted another message: “On May 17th, 2019 in Taiwan, #LoveWon. We took a big step towards true equality, and made Taiwan a better country.” The bill takes effect after Tsai signs it into law.

It’s not yet clear what the law will mean for rights such as adoption and cross-national marriages, topics that will be part of continuing parliamentary discussion on Friday, according to Reuters. But the vote establishes full legal marriage rights in terms of insurance, taxes and child custody, The Associated Press reports.

While China, with a more conservative take on traditional values, still claims Taiwan as its territory, though the island nation is a self-governing democracy that has promoted civil rights for sexual and ethnic minorities, women, the disabled and others.

The capital city Taipei is home to East Asia’s largest gay pride parade – an event that regularly draws tens of thousands of participants.

But gay marriage is divisive in Taiwan. The court’s 2017 ruling sparked a public backlash, putting pressure on the government to hold a referendum on whether the people approved of gay marriage. When the referendum was held last November, voters indicated they overwhelmingly opposed it.

The public’s disapproval could spell trouble for Tsai’s bid for re-election in January.

“How can we ignore the result of the referendums, which demonstrated the will of the people?” said John Wu, a lawmaker from the opposition Kuomintang party, according to Reuters. “Can we find an appropriate compromise solution? We need more dialogue in society.”

“Hurrah!” tweeted Phil Robertson, Deputy Asia Director at Human Rights Watch. “Taiwan leads the way in Asia on LGBT rights, cementing its laudable record as an increasingly progressive, rights respecting government amid growing authoritarianism and rights abuses in other countries throughout the region. Kudos to activists for this victory!” </s> Hundreds of couples in Taiwan are rushing to tie the knot on the first day a landmark decision to legalise same-sex marriage takes effect.

A registration office in Taipei was packed on Friday as couples seized the earliest opportunity to marry.

Taiwan became the first place in Asia to allow same-sex marriage last week in a legislative vote on a cause that LGBT rights activists on the island have championed for two decades.

A Taipei resident who did not want to be identified said he and his partner feel lucky they are able to tell everyone they are now married.

Taiwan’s interior ministry said about 300 same-sex couples are expected to register on Friday. </s> It’s official. Taiwan is now the first place in Asia to perform and legally recognize same-sex marriages. The first such marriages were registered Friday, less than a week after May 17, when the self-ruling island’s legislative body overwhelmingly passed a special bill enabling them. The bill includes a prescription that all the rights and duties Taiwan’s civil code grants to married couples will apply to married same-sex couples. This is a historic victory for the LGBT community in Taiwan.

The path to this new law was not easy — and reveals Taiwanese society’s mixed attitude toward LGBT rights. Here’s what you need to know to understand how these marriages were won and what it means for LGBT rights in Asia.

Members of Taiwan’s parliament began introducing these bills in 2003 — but strong opposition from other legislators and much civil society meant those went nowhere. But in 2013, LGBT advocates had launched a lawsuit for equal marriage rights, advised in part by Evan Wolfson, who led much of the marriage equality fight in the United States.

And so, two years ago, Taiwan’s Constitutional Court ruled that the ban on same-sex marriage violated rights for equality and freedom of marriage under its constitution. The court instructed the legislature to amend the existing marriage law within two years.

In response, an anti-gay marriage group backed a 2018 referendum in which voters approved a measure defining marriage as specifically between a man and a woman, and banning revision of the existing marriage code. But the Taiwanese parliament rejected the referendum’s result as unconstitutional, and passed a special law allowing same-sex “exclusive permanent unions” that can be registered as marriages — without amending the civil code’s marriage law.

Taiwan’s back-and-forth between legislature, court and voters is far from unusual on LGBT rights around the world. In some countries, marriage reform comes with or because of huge generational shifts in public opinion. That’s what happened in Ireland, where in a 2015 referendum, 62 percent of voters voted in favor of legal same-sex marriage. Similarly, in Australia’s nonbinding 2017 referendum, 61.6 percent of voters supported same-sex marriage; within two months, parliament passed a same-sex marriage law.

Elsewhere, courts have implemented same-sex marriage, often despite legislatures and public opinion. That’s what happened in Bermuda, a British overseas territory with local autonomy. Voters rejected both same-sex marriage and an alternative form of recognition, civil unions, in a 2016 referendum. In 2017 the Supreme Court ruled that under the Human Rights Act’s guarantee of nondiscrimination, same-sex marriage must be legal — but within seven months, after about half a dozen couples had wed, the government rolled back that law, replacing marriages with domestic partnerships instead. After another lawsuit, the Bermuda Supreme Court ruled the new law unconstitutional in 2018. Same-sex marriages are again being performed — but the government is appealing.

Given how rapidly opinion has shifted in favor of LGBT rights in general and same-sex marriage in particular in most developed countries, Bermuda’s courts are likely to prevail. Generally, the more LGBT people and gay rights causes are publicly discussed, the more accepted they are socially — and the more successful at winning equal rights.

Will there be ripple effects in Asia?

As a result, Taiwan’s new law is likely to influence communities beyond the island — perhaps by motivating activists in other countries in the region to push for similar legislation. Researchers find that pro-LGBT legislation and case law has strong spillover effects in neighboring jurisdictions, helping to motivate activists and influence public opinion and policymakers.

We can already see that in Asia. Hong Kong’s LGBT community is calling on its government to follow Taiwan. Legislators don’t appear likely to take up the issue, but judges might. In September 2018, after Hong Kong’s Court of Final Appeal ruled that other countries’ same-sex partnerships must be legally recognized, the Hong Kong government began granting dependent visas to same-sex spouses. Advocates might argue for same-sex marriage rights by appealing to Hong Kong’s Basic Law and Bill of Rights, which guarantees the right to equality. Elsewhere, constitutional provisions of equality and privacy, which many countries guarantee, can be used to argue for legal changes.

Yet gay sex remains illegal in many Asian countries

And yet LGBT rights remain severely limited in Asia, where many countries still criminalize same-sex sexual intimacy. As we show in our book, the British Empire often imposed those laws on its colonies. For example, Bangladesh, Brunei, Malaysia, Myanmar, Pakistan and Singapore all currently have such laws under the same section number, 377, imposed as part of a colonial-era penal code.

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Brunei, a British colony until 1984, recently introduced even stricter laws, based on sharia, making gay sex punishable by stoning to death. The international backlash was considerable; celebrities like George Clooney and Elton John called for a boycott of the sultan of Brunei’s hotels. The sultan was apparently disturbed enough by the reaction that he publicly stated the death penalty would not be enforced.

Courts might undo some of this criminalization. At least, that’s what happened in India. After a long legal battle including several rulings with contradictory effects, India’s Supreme Court ruled Section 377 unconstitutional last September. While Singapore has repealed some of its criminal laws on homosexuality, its government has tried to appease conservative social groups by retaining Section 377A, which criminalizes “gross indecency”, while stating that the government will not enforce it. Activists are now challenging that stance in court.

While Taiwan has taken a significant step, it may be a long time before the rest of Asia catches up.

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Enze Han is an associate professor at the department of politics and public administration, the University of Hong Kong.

Joseph O’Mahoney is a lecturer in politics and international relations at the University of Reading in the United Kingdom.

Together they are the authors of “British Colonialism and the Criminalization of Homosexuality: Queens, Crime and Empire” (Routledge, 2018).
After the Supreme Court rules in favor, same-sex-marriage is on its way to being legalized in Taiwan, the first country in Asia to do so.