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). </s> Voters in Taiwan have voted to restrict marriage to being between a man and a woman in an advisory referendum.

Voters in Taiwan have voted to restrict marriage to being between a man and a woman in an advisory referendum.

The referendum result has been seen as a setback to LGBT couples who were hoping their island would be the first place in Asia to let same-sex couples share child custody and insurance benefits.

The vote on Saturday, organised by Christian groups that make up about 5% of Taiwan’s population and advocates of the traditional Chinese family structure, goes against a May 2017 Constitutional Court ruling.

Justices told legislators then to make same-sex marriage legal within two years, a first for Asia where religion and conservative governments normally keep the bans in place.

Although the ballot initiative is advisory only, it is expected to frustrate politicians who are mindful of public opinion as they face the court deadline next year.

Many legislators will stand for re-election in 2020.

“The legislature has lots of choices on how to make this court order take effect,” said referendum proponent Chen Ke, a Catholic pastor in Taiwan and an opponent of same-sex marriage.

Ruling party politicians backed by President Tsai Ing-wen had proposed legalizing same-sex marriage in late 2016, but put their ideas aside to await the court hearing.

Opposition to same-sex marriage rose after the court ruling, as opponents held rallies and mobilised votes online.

Courts will still consider local marriage licensing offices in violation of the law by May 2019, if they refuse same-sex couples, a Ministry of Justice spokesperson said last week.

“The referendum is a general survey, it doesn’t have very strong legal implications,” said Shiau Hong-chi, professor of gender studies and communications management at Shih-Hsin University in Taiwan.

“One way or another it has to go back to the court.”

Voters approved a separate measure on Saturday calling for a “different process” to protect same-sex unions.

Amnesty International told the government it needs to “deliver equality and dignity”.

“This result is a bitter blow and a step backwards for human rights in Taiwan,” Amnesty’s Taiwan-based Acting Director Annie Huang said.

“However, despite this setback, we remain confident that love and equality will ultimately prevail.” </s> TAIPEI, Taiwan (AP) - Voters in Taiwan passed a referendum asking that marriage be restricted to one man and one woman, a setback to LGBT couples hoping their island will be the first place in Asia to let same-sex couples share child custody and insurance benefits.

The vote on Saturday, organized by Christian groups that make up about 5 percent of Taiwan's population and advocates of the traditional Chinese family structure, goes against a May 2017 Constitutional Court ruling. Justices told legislators then to make same-sex marriage legal within two years, a first for Asia where religion and conservative governments normally keep the bans in place.

Although the ballot initiative is advisory only, it is expected to frustrate lawmakers mindful of public opinion as they face the court deadline next year. Many legislators will stand for re-election in 2020.

"The legislature has lots of choices on how to make this court order take effect," said referendum proponent Chen Ke, a Catholic pastor in Taiwan and an opponent of same-sex marriage.

Ruling party lawmakers backed by President Tsai Ing-wen had proposed legalizing same-sex marriage in late 2016, but put their ideas aside to await the court hearing.

Opposition to same-sex marriage crested after the court ruling. Opponents have held rallies and mobilized votes online.

FILE - In this Dec. 10, 2016, file photo, supporters of LGBT and human rights wave rainbow flags during a rally supporting a proposal to allow same-sex marriage in Taipei, Taiwan, on the World Human Rights Day. Voters in Taiwan passed on Saturday, Nov. 24, 2018 a referendum asking that marriage be restricted to one man and one woman, a setback to LGBT couples hoping their island will be the first place in Asia to let same-sex couples share child custody and insurance benefits. (AP Photo/Chiang Ying-ying, File)

Courts will still consider local marriage licensing offices in violation of the law by May 2019, if they refuse same-sex couples, a Ministry of Justice spokesperson said last week.

"The referendum is a general survey, it doesn't have very strong legal implications," said Shiau Hong-chi, professor of gender studies and communications management at Shih-Hsin University in Taiwan. "One way or another it has to go back to the court."

Voters approved a separate measure Saturday calling for a "different process" to protect same-sex unions. It's viewed as an alternative to using the civil code. A third initiative, also approved, asked that schools avoid teaching LGBT "education."

Amnesty International told the government it needs to "deliver equality and dignity."

"This result is a bitter blow and a step backwards for human rights in Taiwan," Amnesty's Taiwan-based Acting Director Annie Huang said. "However, despite this setback, we remain confident that love and equality will ultimately prevail."

Taiwanese also elected candidates from the China-friendly opposition Nationalist Party to a majority of mayoral and county magistrate posts, reversing the party's losses in 2014.

FILE - In this Dec. 10, 2016, file photo, a couple kiss and hold their marriage certificate during a rally supporting a proposal to allow same-sex marriage in Taipei,, Taiwan, on the World Human Rights Day. Voters in Taiwan passed on Saturday, Nov. 24, 2018 a referendum asking that marriage be restricted to one man and one woman, a setback to LGBT couples hoping their island will be the first place in Asia to let same-sex couples share child custody and insurance benefits. (AP Photo/Chiang Ying-ying, File) </s> TAIPEI, Taiwan (AP) — Voters in Taiwan passed a referendum asking that marriage be restricted to one man and one woman, a setback to LGBT couples hoping their island will be the first place in Asia to let same-sex couples share child custody and insurance benefits.

The vote on Saturday, organized by Christian groups that make up about 5 percent of Taiwan’s population and advocates of the traditional Chinese family structure, goes against a May 2017 Constitutional Court ruling. Justices told legislators then to make same-sex marriage legal within two years, a first for Asia, where religion and conservative governments normally keep the bans in place.

Although the ballot initiative is advisory only, it is expected to frustrate lawmakers mindful of public opinion as they face the court deadline next year. Many legislators will stand for re-election in 2020.

“The legislature has lots of choices on how to make this court order take effect,” said referendum proponent Chen Ke, a Catholic pastor in Taiwan and an opponent of same-sex marriage.

People take part in a rally in support of same-sex marriage near the Presidential Office in Taipei on November 18, 2018, ahead of a landmark vote on LGBT rights on November 24.

Ruling party lawmakers backed by President Tsai Ing-wen had proposed legalizing same-sex marriage in late 2016, but put their ideas aside to await the court hearing.

Courts will still consider local marriage licensing offices in violation of the law by May 2019 if they refuse same-sex couples, a Ministry of Justice spokesperson said last week.

“The referendum is a general survey — it doesn’t have very strong legal implications,” said Shiau Hong-chi, professor of gender studies and communications management at Shih-Hsin University in Taiwan. “One way or another it has to go back to the court.”

Voters approved a separate measure Saturday calling for a “different process” to protect same-sex unions. It’s viewed as an alternative to using the civil code. A third initiative, also approved, asked that schools avoid teaching LGBT “education.”

“This result is a bitter blow and a step backwards for human rights in Taiwan,” Amnesty’s Taiwan-based Acting Director Annie Huang said. “However, despite this setback, we remain confident that love and equality will ultimately prevail.”

Taiwanese also elected candidates from the China-friendly opposition Nationalist Party to a majority of mayoral and county magistrate posts, reversing the party’s losses in 2014. </s> Taipei held its annual gay pride parade on Saturday, October 27, as the government faced ongoing pressure to pass same-sex marriage legislation. This video shows activists holding a huge rainbow flag at the parade on Ketagalan Boulevard. The event, which was in its 16th year, was hailed as the largest gay pride event in Asia, Focus Taiwan reported. There were an estimated 130,000 participants. LGBTQI activists were this year calling for people to vote to support same-sex marriage legislation in a referendum on November 24, after Taiwan’s constitutional court ruled in May, 2017, that banning same-sex unions was unlawful. Credit: Chan Ya Hui via Storyful

Voters in Taiwan passed a referendum asking that marriage be restricted to one man and one woman, a setback to LGBT couples hoping their island will be the first place in Asia to let same-sex couples share child custody and insurance benefits.

The vote on Saturday, organised by Christian groups that make up about 5 per cent of Taiwan’s population and advocates of the traditional Chinese family structure, goes against a May 2017 Constitutional Court ruling.

Justices told legislators then to make same-sex marriage legal within two years, a first for Asia, where religion and conservative governments normally keep the bans in place.

Although the ballot initiative is advisory only, it is expected to frustrate politicians mindful of public opinion as they face the court deadline next year.

Many legislators will stand for re-election in 2020.

“The legislature has lots of choices on how to make this court order take effect,” said referendum proponent Chen Ke, a Catholic pastor in Taiwan and an opponent of same-sex marriage.

Ruling party politicians backed by President Tsai Ing-wen had proposed legalising same-sex marriage in late 2016, but put their ideas aside to await the court hearing.

Opposition to same-sex marriage crested after the court ruling.

Courts will still consider local marriage licensing offices in violation of the law by May 2019 if they refuse same-sex couples, a Ministry of Justice spokesperson said last week.

“The referendum is a general survey — it doesn’t have very strong legal implications,” said Shiau Hong-chi, professor of gender studies and communications management at Shih-Hsin University in Taiwan.

“One way or another it has to go back to the court.”

Voters approved a separate measure on Saturday calling for a “different process” to protect same-sex unions.

It’s viewed as an alternative to using the civil code.

A third initiative, also approved, asked that schools avoid teaching LGBT “education.” Amnesty International told the government it needs to “deliver equality and dignity.”

“This result is a bitter blow and a step backwards for human rights in Taiwan,” Amnesty’s Taiwan-based Acting Director Annie Huang said.

“However, despite this setback, we remain confident that love and equality will ultimately prevail.”

Taiwanese also elected candidates from the China-friendly opposition Nationalist Party to a majority of mayoral and county magistrate posts, reversing the party’s losses in 2014. </s> Voters in Taiwan have rejected marriage equality in a series of referendums, creating uncertainty around how the government will respond to a court ruling demanding legal recognition of same-sex unions in the country.

In May last year, Taiwan’s top court ruled that the country’s marriage laws violated same-sex couples’ constitutional right to equality and set a two-year deadline for the parliament to amend the existing laws or pass new ones.

But the government failed to act and after petitions from both anti- and pro-LGBTIQ groups, a series of competing public votes were held on Saturday, six months ahead of the May 2019 deadline.

One called for the current definition of marriage in Taiwan’s Civil Code – recognised as between a man and a woman – to stay unchanged won more than seven million votes, passing the threshold for success, BBC News reported.

And another calling for legal protections for same-sex unions under a separate law gained over six million, also passing the threshold.

But a referendum by LGBTIQ advocates proposing the Civil Code be amended to define marriage to be between two people only received three million votes in favour, falling short of the number of votes needed.

The Marriage Equality Coalition Taiwan said they were “deeply saddened and disappointed” by the results of the referendum.

“However, we would like to express our gratitude toward those who have been supporting the cause throughout the process,” the group said.

Opposing group, the Coalition for the Happiness of our Next Generation, said the win was a victory for all people “who treasure family values”.

The results of the referendum are a major setback for LGBTIQ advocates in the country and while the votes won’t affect the 2017 court ruling or the May 2019 deadline for change, it’s now unclear how the government will respond.

LGBTIQ campaigners are concerned that establishing a separate marriage or civil partnership scheme would fail to deliver same-sex couples full equality.

Human rights group Amnesty International said the results don’t change the need to provide legal recognition to same-sex unions but they “cast a shadow” on how that will be implemented.

“This result is a bitter blow and a step backwards for human rights in Taiwan,” Amnesty International Taiwan’s Acting Director Annie Huang said.

“However, despite this setback, we remain confident that love and equality will ultimately prevail.”

Huang warned the result “must not be used as an excuse to further undermine the rights of LGBTI people.”

“The Taiwanese government needs to step up and take all necessary measures to deliver equality and dignity for all, regardless of who people love,” she said. </s> TAIPEI (Reuters) - Taiwan voters were set to back a referendum that defines marriage as between a man and a woman, dealing a blow to the self-ruled island’s reputation for liberalism in Asia amid a heated debate over marriage equality.

In Asia’s first such ruling, Taiwan’s constitutional court declared in May 2017 that same-sex couples had the right to legally marry, and set a two-year deadline for legalization.

But the island’s election authority earlier this year approved contradicting referendum petitions from both conservative and rights groups.

While the election authority had not yet announced the final results of Saturday’s referendum, more than six million voters approved a series of initiatives opposing marriage equality, passing a threshold needed for a public vote.

The vote presents a major defeat for rights activists who had campaigned for equal marriage.

“This is a victory for all the people who support family value and the education for the next generation,” the Coalition for the Happiness of Our Next Generation, a group opposed to same-sex marriage, said in a statement.

“The referendum is illegal and against the constitution, and has sharply divided and harmed the society,” the Marriage Equality Coalition Taiwan said in a statement.

“The result showed that most people were misled by false information from anti-gay groups,” it said.

The government has said the ruling of May 2017 will not be challenged by referendum results. But the authorities are expected to enact a special law for same-sex unions after Saturday’s vote.

The vote presents a challenge to President Tsai Ing-wen, who activists say has backed away from a promise of marriage equality which she made in the run-up to elections in 2016.

The issue has divided Taiwan, at family dining room tables, online and on the streets, with large campaigns and rallies on both sides of the debate.

Taiwan hosts the region’s largest annual gay pride parade showcasing its lesbian, gay, bisexual and transgender (LGBT) community. </s> A little less than a year and a half ago, Taiwan seemed to be on the verge of allowing same-sex marriage. In May 2017, the country’s constitutional court ruled that the island’s civil code, which stated that only a man and a woman could marry, violated constitutional guarantees and gave the legislature two years to amend it or pass new legislation. The move seemed certain to cement Taiwan’s status as a haven in Asia for LGBT activism — indeed, it could not have happened without decades of activism. Taiwan looked set to become the first country in the whole of Asia to legalize same-sex unions.

However, things have not worked out quite so simply. This Saturday, the country will vote in a referendum on whether to amend the civil code to allow same-sex marriage. And despite accusations of misinformation and propaganda, conservatives have mounted a powerful campaign against Taiwan’s LGBT movement, raising the real prospect that same-sex marriage could fail to become fully legal in the country. Although Taiwan is considered one of the most open to LGBT rights of all Asian countries, one recent survey from the Taiwanese Public Opinion Foundation found that 77 per cent of the country was opposed to amending the civil code. To many activists, a large part of the problem lies with the government of President Tsai Ing-wen and her Democratic Progressive Party (DPP). With her party’s popularity falling because of a stagnant economy and political pressure from China, the president has been hesitant to push the potentially divisive issue of same-sex marriage.

Tsai once spoke in favor of marriage equality, but she has taken a neutral stance ahead of the vote, apparently hoping to appease the young voters who largely support gay marriage and the older voters who largely oppose it. “Same-sex marriage is also a reflection of the generational gap,” she said in an interview this summer. “We will bridge the differences society holds on this issue in order to propose a comprehensive bill.” Saturday’s referendum will take place on the same day as a midterm election that could be a key test of Tsai’s political leadership. And there will be a total of 10 referendums held on the day, including a geopolitically contentious vote on using the name “Taiwan” rather than “Chinese Taipei” in international sporting events — a move that could provoke anger from China. Notably, civic organizations spearheaded the same-sex marriage referendums, rather than the government. In fact, there are four separate same-sex marriage ballot issues organized by opposing organizations — two proposed by conservatives and one proposed by pro-LGBT-rights groups — as well as two separate questions about the teaching of LGBT issues to children in Taiwanese schools. There has been an avalanche of advertisements in Taiwanese media. Conservative groups have been accused of spreading misinformation about LGBT rights, running homophobic advertisements ahead of videos aimed at children on YouTube and using chat apps such as Line to spread false rumors stating that same-sex marriage will prompt a wave of HIV-positive gay men to move to Taiwan to take advantage of the country’s health care system.

Taiwan has had referendums before, though none has passed. But changes to the law have meant that the threshold for approval has dropped from 50 per cent of eligible voters to 25 per cent. There’s certainly a possibility, however remote, that pro- and anti-gay marriage referendums could pass, providing a contradictory result for LGBT activists. While the referendum result can’t negate the constitutional court’s 2017 decision or the May 2019 deadline for implementing it, it could well influence what the government does next — in particular, whether it amends the civil code or proposes a new law. For many LGBT activists, the fear is that they will end up with legal same-sex unions but without full marriage equality — and that what once seemed like a great leap forward will not mark a real step in the right direction after all. </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!”
Referendum voters in Taiwan reject a proposal to allow same-sex marriage. A March 2017 Constitutional Court ruling found the ban on these unions unconstitutional and ordered parliament to change the law within two years. Earlier, the government said the results of this vote would not affect its complying with the court's decision.