RAINBOW FLAG
IN TAIWAN
The Journey to Same-Sex Marriage Equality
Do you know...
Only 28 out of 195 countries have legalized Same-Sex Marriage.
LGBTQ History in Taiwan
On 24 May 2019, same-sex marriage become legal in Taiwan, following a Constitutional Court. The legalization has made Taiwan the first country in Asia to legalize same-sex marriage.
Being seen as the most progressive in Lesbian, gay, bisexual (LGB) rights in Asia, Taiwan has actually gone a long way to achieve today's legalization.
In 1986, the first same-sex couple was rejected from marriage registration.
In 2006, a same-sex marriage bill was submitted to the Legislative Yuan. However, it was rejected.
In 2016, the first same-sex partnership card was issued to a young lesbian couple. Later in the year, Tsai Ing-Wen, who supports LGBTQ rights, won the Presidential election.
In 2017, The Supreme Court of Taiwan ruled that laws preventing same-sex couples from marrying were unconstitutional.
In 2018, Same-sex marriage and LGBT-inclusive education were rejected by the voters in the referendum.
In 2019, same-sex marriage was legalized in Taiwan.
2018 TAIWANESE REFERENDUM
There were 10 questions that appears on the ballot. Question 14 is submitted by an LGBTQ-supporting group to the referendum. The question requires the legislature to amend the Civil Code to expressly allow same-sex couples to marry.
QUESTION 14
Do you agree to the protection of same-sex marital rights with marriage as defined in the Civil Code?
RESULT: VETOED
None of the cities has an average approval rate above 50% ...
Who Rejected
the Same-sex Marriage?
To obtain deeper insights on who rejected same-sex marriage, I matched the referendum result with the demographic data by administrative districts in Taiwan. The data include median age, the proportion of the population who have ever married, median income, and the proportion of the population who have a college degree.
Median Income and Education Level have a POSITIVE correlation with the approval of the legalization.
Median Income
Education Level
In contrast...
Median Age and Marital Status have a NEGATIVE correlation with the approval of the legalization.
Median Age
Marital Status
WHY DID TAIWAN STILL MANAGE TO LEGALIZE SAME-SEX MARRIAGE?
Constitutional Court Ruling
In March 2017, LGBTQ activist Chi Chia-Wei, along with the Taipei City Government's Department of Civil Affairs, requested a constitutional interpretation to ask the court whether Taiwan's Civil Code allows same-sex marriage or not. [1]
Later in May, the court issued its ruling (Judicial Yuan Interpretation No. 748), stating the ban on same-sex marriage in Civil Code is unconstitutional. The court also requested that the Legislative Yuan amend existing laws or create new laws that are compliant with its ruling in a time frame of two years. [2]
However, based on the referendum result in 2018, same-sex marriage is prevented from being amended in the Civil Code. Consequently, the Executive Yuan published a draft bill in 2019 and it was approved by the Legislative Yuan on 17 May 2019.
The First in Asia to Legalize Same-Sex Marriage
LGBTQ rights in Asia have long been limited in comparison to many other regions of the world. However, the historic legalization has made Taiwan the first place to recognize same-sex marriage in Asia.
Following the legalization in Taiwan, a survey by The Economist showed that in Asia-Pacific, 75% of the respondents reported a more open climate for LGBTQ rights compared to three years ago. [3] Furthermore, among those with an improving climate for LGBTQ communities, 38% argued a change in policies or laws.
This is indeed huge progress on LGBTQ rights in Asia, where the punishment, even the death penalty, for homosexual activity is still existing.
BE YOURSELF WHENEVER
YOU ARE READY
Far too many LGBTQ individuals are living in a society where their family, friends, or colleagues fail to appropriately address their identities. It is then critical to encourage LGBTQ’s self-acceptance and let them know there is always support when they are ready to be themselves.
If you are an LGBTQ...
It is normal if you are afraid of coming out. You need to know that you are not alone, and there will always be support when you are ready to be yourself. Even if you haven’t seen the green light on LGBTQ rights in your country, never give up on advocating for gender equality.
If you want to be an ally to LGBTQ, you can...
Speak out against the anti-LGBT harassment and discrimination and be supportive of anyone who chooses to come out. You can always try to learn more about LGBTQ issues and their rights.
Taiwan Is To Host
World Pride 2025 in Kaohsiung!
Sources
- Same-sex marriage in Taiwan.
https://en.wikipedia.org/wiki/Same-sex_marriage_in_Taiwan - LGBTQ rights in Asia
https://en.wikipedia.org/wiki/LGBT_rights_in_Asia
Data Sources
- Timeline of LGBTQ History in Taiwan (Source: Wikiwand)
- LGBTQ Rights in Taiwan (Source: EQUALDEX)
- 2018 Referendum Results (Source: rfrd-tw.github.io)
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