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Taiwan parliament becomes first in Asia to legalise same-sex marriage Taiwan becomes first in Asia to legalise same-sex marriage
(about 3 hours later)
Taiwan has secured a first for Asia, reaching a landmark decision to legalise same-sex marriage, after its parliament rejected last-ditch attempts by conservative lawmakers to push a watered-down “civil-union” law. Taiwan has legalised same-sex marriage, the first of any Asian state, with the passage of legislation giving gay couples the right to marry.
The island’s lawmakers comfortably passed a law allowing same-sex couples to form “exclusive permanent unions” and a second clause that would let them apply for a “marriage registration” with government agencies. Lawmakers on Friday comfortably passed part of a bill that would allow gay couples to enter into “exclusive permanent unions” and apply for marriage registration with government agencies.
Hundreds of gay rights supporters gathered near parliament in Taipei despite heavy rain as a mammoth legislative debate got under way over an issue that has bitterly divided the island. Taiwan’s president, Tsai Ing-wen, who campaigned on a platform of marriage equality, tweeted after the vote: “We took a big step towards true equality, and made Taiwan a better country.”
Parliament was up against a ticking clock. The country’s top court has ruled that not allowing same-sex couples to marry violates the constitution. Judges gave the government until Friday next week to make the changes or see marriage equality enacted automatically. But they gave no guidance on how to do that. Thousands of gay rights supporters gathered outside parliament in the capital, Taipei, despite heavy rain, watching a live broadcast of the proceedings. Supporters shouted “First in Asia!” after the article was passed.
With that deadline fast approaching, three bills were tabled for Friday’s vote – which also happens to be the International Day Against Homophobia, Transphobia and Biphobia. “What we have achieved is not easy,” said Victoria Hsu, the founder and executive director of the Taiwan Alliance to Promote Civil Partnership Rights. “The law will not be 100% perfect, but this is a good start and this is a major step to end discrimination based on sexual orientation. Now the law says everyone should be treated equally no matter who you are, who you love.”
The most progressive was the government’s bill, the only one to use the word “marriage” and to offer limited adoption rights. It was backed – begrudgingly – by gay rights groups who saw it as the closest thing to full equality with heterosexual couples, despite its limitations. Two years ago, Hsu’s team represented the LGBT activist Chi Chia-wei in a lawsuit that led Taiwan’s constitutional court to rule that the denial of marriage rights to same-sex couples was unconstitutional.
Opponents tabled two other versions which avoid the word marriage, offering something closer to same-sex unions with no adoption rights. Judges had given the government until next Friday to pass legislation. As the deadline approached, three bills were introduced for voting on on Friday, the International Day Against Homophobia, Transphobia and Biphobia.
Conservative and religious groups have been buoyed by a series of referendum wins in November, in which voters comprehensively rejected defining marriage as anything other than a union between a man and a woman. Two other versions backed by conservatives avoided the word marriage and described same-sex partnerships as a “same-sex familial relationship” or “same-sex union”.
In a Facebook post President Tsai Ing-wen said she recognised the issue had divided “families, generations and even inside religious groups”. The government’s bill, the most progressive of the three, is the only one to offer some adoption rights to same-sex couples, allowing spouses to adopt the biological children of their partner. Same-sex couples cannot co-adopt. Lawmakers were still debating adoption rights on Friday.
But she said the government’s bill was the only one that respected both the court judgement and the referendum. “Today, we have a chance to make history and show the world that progressive values can take root in an east Asian society,” she added in a tweet. LGBT supporters welcomed the bill. Cindy Su, one of thousands of gay marriage supporters who gathered outside parliament on Friday, told the crowd: “We are just a group of people who want to live well on this land and who love each other.”
Tsai’s ruling Democratic Progressive party (DPP) holds the majority in parliament, occupying 68 out of 113 seats. Hsu said she and her partner had already made plans to register as a married couple as soon as the law went into effect on 24 May, at the same office that rejected their attempt to marry five years ago. The department of civil affairs in Taipei said that as of Thursday, 151 couples had made appointments to register on that day.
Taiwan’s LGBT community has been left in limbo the past two years, with many couples planning weddings ahead of the 24 May deadline but unsure of what marriage equality would look like. Taiwan, whose annual gay pride parade is the largest in the region, has long been a hub for LGBT activism. Advocates called for other Asian nations to follow its lead.
“The world is watching to see if Taiwan’s parliament will write a new page in gender equality or deal another blow to Taiwan’s hard-fought democracy, human rights and the rule of law,” said Jennifer Lu, a spokeswoman for Marriage Equality Coalition Taiwan. “We hope this landmark vote will generate waves across Asia and offer a much-needed boost in the struggle for equality for LGBTI people in the region,” said Annie Huang, the acting director of Amnesty International Taiwan. “This is a moment to cherish and celebrate, but it has been a long and arduous campaign for Taiwan.”
“For the gay communities what matters the most is whether we can legally get married on May 24 and be listed as the spouse in ID cards, to be treated and respected as the ’spouse’ in the whole legal system ... and whether same-sex families can obtain legal parental rights for their children.” In a referendum last year, citizens overwhelmingly voted in favour of restricting the definition of marriage in Taiwan’s civil code to between a man and a woman.
Cindy Su was one of thousands of gay marriage supporters gathered outside parliament on Friday ahead of the debate. “We are just a group of people who want to live well on this land and who love each other,” she told the crowd. Tsai said in an earlier Facebook post that she recognised the issue had divided “families, generations and even inside religious groups”. She defended the government’s bill as the only one to respect both the court judgment and the referendum.
But opponents warned that “forcefully” passing a gay marriage law would intensify tensions. “The cabinet’s bill ignores the referendum results and that is unacceptable,” said Lai Shyh-bao of the opposition Kuomintang party, who proposed one of the bills backed by conservatives. Tsai’s ruling Democratic Progressive party (DPP) has a majority in parliament, occupying 68 out of 113 seats. Instead of amending the existing civil code, the government’s bill creates a new law under which same-sex marriages will be regulated.
The Coalition for the Happiness of our Next Generation said on Friday that it “regrets and condemns” the parliament’s decision, describing it as a “malicious misinterpretation” of the result of last year’s referendum on the topic.
Others warned that passing a gay marriage law would cause a backlash. “The cabinet’s bill ignores the referendum results and that is unacceptable,” said Lai Shyh-bao of the opposition Kuomintang party, who proposed one of the bills backed by conservatives.
Activists said they would continue to push for more rights, such as recognition of transnational same-sex marriages, where one partner is from a country that does not recognise gay marriage.
“I don’t think the fight is over. We will just enjoy this victory for today, and continue our fight tomorrow,” Hsu said.
TaiwanTaiwan
Gay marriage
LGBT rights
Asia PacificAsia Pacific
Sexuality
MarriageMarriage
LGBT rights
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