LGBTQ rights in Taiwan

Last updated

LGBTQ rights in the
Republic of China (Taiwan)
Republic of China (Taiwan) on the globe.svg
Republic of China
(Taiwan, Penghu, Kinmen and Matsu Area)
Status Legal
Gender identity Sex reassignment surgery not required to change gender on official documents since 2021
Military All sexual orientations are allowed to serve openly. However, transgender people are prohibited.
Discrimination protections Sexual orientation discrimination prohibited in education, employment, and all other areas;
Gender identity discrimination prohibited in education
Family rights
Recognition of relationships Same-sex marriage since 2019
Adoption Full adoption rights since 2023 [1]

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of China (Taiwan) are regarded as some of the most comprehensive of those in Asia. [2] [3] Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. [4] With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007. [5]

Contents

The Executive Yuan first proposed the legal recognition of same-sex marriage in 2003; however, the bill received strong opposition at that time and was not voted on in the Legislative Yuan. 14 years later on 24 May 2017, the Judicial Yuan ruled that the existing marriage law was unconstitutional, and that same-sex couples should gain the right to marry. The court gave the Legislative Yuan a maximum of two years to either amend existing laws or enact laws to provide legal recognition of same-sex marriage. According to the court ruling, if it failed to do so by 24 May 2019, same-sex marriage would automatically become legal for the first time in Asia. [6] [7]

Although a 2018 Taiwanese referendum rejected same-sex marital rights 68% to 31%, it was ultimately vetoed by the government, affirming the court ruling. [8] On 17 May 2019, the Legislative Yuan approved a bill, submitted by the Executive Yuan, recognizing marriage for same-sex couples. The bill was signed into law by President Tsai Ing-wen on 22 May and went into effect on 24 May. Thus, Taiwan became the first country in Asia (and first non-UN recognized entity) to recognize same-sex marriage at the state level. [9]

The first Taiwan Pride was held in Taipei in 2003. By 2015, when the event was attended by 80,000 participants, it had become the second-largest LGBT pride in Asia, behind Tel Aviv Pride in Israel, which has led many to refer to Taiwan as one of the most liberal countries in Asia as well. [10] By 2019, attendance had grown to 170,000 participants. [11] [12]

History of LGBT rights in Taiwan

Qing dynasty

Anal sex between two males being viewed. Painting. Qing-Dynasty. 18th Century Painting - 18th Century.jpg
Anal sex between two males being viewed. Painting. Qing-Dynasty. 18th Century

Taiwan came under the control of the Qing in 1683 and its courts began to refer to the term ji jian ( 雞姦 , sodomy) to apply to homosexual anal intercourse. Society began to emphasise strict obedience to the social order, which referred to a relationship between husband and wife. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. Though there were no records on the effectiveness of this decree, it was the first time homosexuality had been subject to legal proscription in China. The punishment, which included a month in prison and 100 heavy blows with heavy bamboo, was actually the lightest punishment which existed in the Qing legal system. [13]

Japanese colonial rule

When Taiwan came under the Japanese rule in 1895, same-sex practices continued; however, there was a growing animosity towards these practices during the Meiji era. The practice of Nanshoku began to die out after the Russo-Japanese War. Opposition to homosexuality did not become firmly established in Japan until the 19th and 20th centuries, through the Westernization efforts of the Empire of Japan, although it was only criminalized between 1872 and 1881. [14]

Republic of China

Sodomy was decriminalized when Republic of China took over Taiwan after World War II, implementing the 1935 criminal code. [15] [16] The explicit prohibitions of "consenting ji jian" were abolished around 1912 under provisional criminal code, when the Republic of China was established. [17] During the martial law period, LGBT people were often harassed and detained under general public order laws as part of the Temporary Provisions against the Communist Rebellion. [15] These public order laws and constitutional temporary provisions were repealed during the transition to democracy in 1991. [15]

Laws regarding same-sex sexual activity

Private and consensual sexual activity between adults of the same sex is legal in Taiwan. The criminal code contained no provisions prohibiting consensual same-sex sexual activity between adults. [15] [18] [19] The age of consent is 16 regardless of sexual orientation and gender identity. [20]

Constitutional rights

The Constitution of the Republic of China does not expressly mention sexual orientation or gender identity; however, the Constitutional Court ruling on same-sex marriage in 2017 (i.e. Judicial Yuan Interpretation No. 748), based on the following two articles of the Constitution, has confirmed the following constitutional protections for LGBTQ people:

Article 7 of the Constitution states that "all citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law". [21] In the constitutional interpretation issued on 24 May 2017, the Constitutional Court reasoned that the prohibited grounds of discrimination listed in the Article are "illustrative, rather than exhaustive", so the right to equal protection applies to other classifications "such as disability or sexual orientation". [6]

Article 22 of the Constitution stipulates that "all other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution". [22] The Grand Justices ruled on 24 May 2017 that the freedom of marriage guaranteed by the Article applies to persons of all sexual orientations. [6]

According to Judicial Yuan Interpretation No. 185, "the interpretations of the Judicial Yuan shall be binding upon every institution and person in the country". [23]

Recognition of same-sex relationships

In October 2003, the Executive Yuan proposed legislation granting the right to marry and adopt to same-sex couples, but it faced bipartisan opposition from members of both the Cabinet (formed by the ruling Democratic Progressive Party, DPP) and the Legislative Yuan (controlled by the Kuomintang-led Pan-blue coalition) and stalled, and thus not voted on. [24] [25]

In 2011, aiming to promote awareness about same-sex marriage, about 80 lesbian couples held Taiwan's then biggest same-sex wedding party, attracting about 1,000 friends, relatives and curious onlookers. [26] In 2012, the first same-sex Buddhist wedding was held for Fish Huang and her partner You Ya-ting, with Buddhist master Shih Chao-hui presiding over the ritual. [27] [28] In 2013, Chen Ching-hsueh and Kao Chih-Wei, the second Taiwanese same-sex couple to wed publicly, dropped a prolonged fight to have their marriage legally recognized, citing intense social pressure. [29] [30] Later that year, lifelong gay activist Chi Chia-wei picked up Chen and Kao's fight to have same-sex marriage recognized, presenting his case in the Taipei High Administrative Court for the first time. [31]

On 22 December 2014, a proposed amendment to the Civil Code which would have legalized same-sex marriage was due to go under review by the Judiciary Committee of the Legislative Yuan. If the amendment had passed the committee stage, it would then have been voted on at the plenary session of the Legislative Yuan in 2015. The amendment included replacing the current articles regarding marriage in the Civil Code with gender-neutral terms, effectively recognizing same-sex marriage. It would have also allowed same-sex couples to adopt children. Yu Mei-nu of the Democratic Progressive Party (DPP) had expressed support for the amendment, together with more than 20 other DPP lawmakers as well as two from the Taiwan Solidarity Union and one each from the ruling party Kuomintang (KMT) and the People First Party. [32] Taiwan would have become the first Asian state (and first non-UN recognized entity) to legally recognize same-sex marriage if the Civil Code had been amended. However, the bill stalled, and the attempt officially failed in January 2016 as the Eighth Legislative Yuan ended.

In November 2015, around two months before the general election, presidential candidate Tsai Ing-wen announced her support for same-sex marriage. [33] In July 2016, several lawmakers of the Ninth Legislative Yuan announced that they would introduce a same-sex marriage bill in Parliament by the end of the year. [34] In October, two same-sex marriage bills were introduced to the Legislative Yuan. [35] On 16 October 2016, Jacques Picoux, who worked at the National Taiwan University, died after falling from the tenth floor of his Taipei apartment block; friends believed he had taken his own life due to lack of same-sex marriage rights, and his death led to increased pressure on the government. [36]

Registration of same-sex couples

Prior to 24 May 2019, when Taiwan legalised same-sex marriage, more than 80% of the population lived in jurisdictions where they could administratively register same-sex relationships. However, per the Department of Household Registration, same-sex partnership registrations can no longer be entered into by same-sex couples where one or both parties are Taiwanese citizens. Couples that entered into same-sex partnerships prior to the legalisation of same-sex marriage have the option of retaining their registration status or amending their partnership to marriage. [37] [38]

In May 2015, the special municipality of Kaohsiung announced a plan to allow same-sex couples to apply for a remark of their partnership on the computerized household register, largely for reference only. It would be of little use when a person wishes to grant consent to surgery on the partner's behalf at hospitals, for instance. Taiwan LGBT Rights Advocacy, an NGO, criticized the plan as merely a measure to "make fun of" the community without having any substantive effect. [39]

On 17 June 2015, the special municipality of Taipei became the second jurisdiction in Taiwan to implement a relationship register scheme for couples. [40] Taichung followed suit in October 2015, [41] Tainan and New Taipei on 1 February 2016, [42] [43] Chiayi on 1 March 2016, [44] Taoyuan on 14 March 2016, [45] both Changhua County and Hsinchu County on 1 April 2016, [46] [47] Yilan County on 20 May 2016, [48] and Chiayi County on 20 October 2016. [49] By early July 2017, Hsinchu City, Keelung City, Kinmen County, Lienchiang County, Miaoli County, Nantou County and Pingtung County had begun offering household registration services for same-sex partnerships. [50] Starting from 3 July 2017, residents living in the remaining counties which refused to provide same-sex partnership registration, including Yunlin County, Hualien County, Taitung County and Penghu County, could register their partnership in other cities or counties, as the technicality of registration became standardized by the Ministry of the Interior on the national level. [51] By June 2017, a total of 2,233 same-sex couples (i.e. 4,466 individuals) were registered, of which 1,755 were lesbian couples. [52]

In the current practice, any two unmarried persons of the same sex can apply, in person, to any household registration office (except in the four counties mentioned above) to have their partnership recorded on the computerized household register. However, this information will not be displayed on either the National Identification Card or the Household Certificate (the latter shows the basic personal information of all individuals registered under the same address and the relationship between these individuals). Instead, the household registration office issues a letter to the applicants certifying the registration. Kaohsiung and Taipei municipalities also issue partnership cards. [53] [54] Citizens with a foreign partner are also eligible for registration, but the foreign partner needs to provide a Certificate of No Marriage Record, or equivalent, from the country of origin and have it authenticated by the respective embassy or representative office of Taiwan. [55]

Nevertheless, the same-sex partnership registration, being an administrative measure, does not confer any actual legal status to a same-sex couple. The protections offered to same-sex partners are very limited, such as the right of requesting family care leave, applying for public housing as a family unit (in Taipei only) and granting consent to surgery on the partner's behalf. [56]

Constitutional Court ruling and referendum

On 24 March 2017, the Constitutional Court heard a case brought by gay rights activist Chi Chia-wei (whose attempt at registering a marriage with his partner in 2013 was rejected) and the Taipei City Government's Department of Civil Affairs. Both petitioners had requested a constitutional interpretation on the issue. The Court decided to issue a judgment on whether the current Civil Code in fact allows same-sex marriage and if not, whether it violates articles under the Constitution of the Republic of China pertaining to equal rights and the freedom to marry. Those who appeared before the Court on that day included counsels of both petitioners, Justice Minister Chiu Tai-san (who defended the existing laws on marriage) and a panel of legal scholars. This was the first time a Constitutional Court hearing was broadcast live. [57] [58] [59]

The Constitutional Court ruled on 24 May 2017 that the clauses pertaining to marriage in the Civil Code were unconstitutional. The panel of judges gave the Parliament (Legislative Yuan) two years to amend or enact new laws. The Court further stipulated that should the Legislative Yuan fail to legalize same-sex marriage within two years, same-sex couples would be able to marry by going through the existing marriage registration procedure at any household registration office. [6] [60]

On 24 November 2018, Taiwanese voters were presented with five LGBT-related initiatives: to ban same-sex marriage (Question 10), to ban LGBT-inclusive sex education in schools (Question 11), to allow another type of union for same-sex couples (Question 12), to allow same-sex marriage (Question 14), and lastly to retain LGBT-inclusive sex education in schools (Question 15). [12] [61] Three of these questions were submitted by opponents of LGBT rights and the other two were submitted by advocates of LGBT rights. [62] Voters rejected the idea of same-sex marriage, passing Questions 10, 11, and 12 and rejecting Questions 14 and 15. [63] However, the Taiwan Government was still legally bound to provide legislation that complied with the Constitutional Court ruling. Instead of changing the existing Civil Code, legislators were expected to pass a separate law for same-sex couples. [64]

Approval by the Legislative Yuan

On 21 February 2019, the Executive Yuan passed a draft bill, entitled the Enforcement Act of Judicial Yuan Interpretation No. 748 (Chinese :司法院釋字第748號解釋施行法), which was released on the previous day. The draft bill serves as the legal basis for same-sex marriages and was sent to the Legislative Yuan for fast-tracked review before being enacted on 24 May 2019. [65] The draft bill confers to same-sex married couples almost all the rights granted to heterosexual married couples under the Civil Code, but it only allows same-sex couples to adopt children that are genetically related to one of them. [66]

On 17 May 2019, the Legislative Yuan approved the same-sex marriage bill. [67] President Tsai Ing-wen signed the bill into law on 22 May 2019 and it came into effect on 24 May. The country therefore became the first in Asia to open marriage to same-sex couples.

The bill, submitted by the Executive Yuan, and approved by the Legislative Yuan, lets same-sex couples join an "exclusive permanent union" and apply for a "marriage registration" with government agencies. Two other bills, backed by conservative lawmakers who sought to refer to partnerships as "same-sex family relationships" or "same-sex unions" rather than "marriages", were submitted to lawmakers and debated. [68] 2,939 same-sex marriages occurred in 2019, the first year same-sex couples were allowed to marry. [69]

Taipei High Administrative Court ruling

In May 2021, the Taipei High Administrative Court revoked a government office's 2019 decision to reject the marriage registration of Ting Tse-yen and his partner Leong Chin-fai from Macau.

Leong Chin-fai, moved from Macao to Taiwan in 2017, and has since stayed with his Taiwanese partner Ting Tse-yen. However, they were refused to register for marriage, despite Taiwan being Leong's habitual residence. The two met with reporters outside the court after they learned of their victory.

"Today's ruling is not the end. It's a process and a small milestone," Leong said. "We hope in the future, all international same-sex couples can register their marriages directly, rather than having to go to court." [70]

Adoption and family planning

Same-sex couples are able to legally adopt. Until 2023, they could only adopt the biological child of their same-sex partner (so-called stepchild adoptions). [65] [71] Taiwan law only allows for married people to adopt, but also allows single individuals to adopt, depending on the circumstances, [72] including individual LGBT people. [73]

In January 2022, following a court order, a same-sex couple legally adopted a child in Taiwan. The Taiwan legislature had not yet codified within legislation full adoption rights for same-sex couples at that time. [74]

Under the Artificial Reproduction Act (Chinese :人工生殖法), assisted reproductive technologies are available only to heterosexual married couples. [75] However, the Taiwan IVF Group, which has worked in collaboration with the Stanford University Fertility & Reproductive Health Center in the United States, has operated at least one center which has provided IVF access and sperm surrogacy to individual gays and lesbians in Taiwan since the 1990s. [76]

In May 2023, legislation formally passed to allow same-sex couples full adoption rights - instead of partial rights implemented in 2019. [1] [77]

Discrimination protections

Discrimination based on sexual orientation, gender identity and other gender-related attributes in education has been banned since June 2004 when the Gender Equity Education Act (Chinese :性別平等敎育法) was passed. Specifically, schools that discriminate against students due to their sexual orientation or gender identity, in terms of admission, instruction, assessment, etc., are subject to a fine of NT$100,000. [78] In June 2011, new clauses on sexual bullying were added to the Act. Schools are obliged to prevent and report bullying that is directed at a person's sexual orientation or gender identity. [79]

In 2007 and 2008, the Legislative Yuan passed amendments to two employment laws banning discrimination based on sexual orientation at work. [80] [81] [82] Any employer who breaches the anti-discrimination clauses in the Employment Service Act (Chinese :就業服務法) or the Act of Gender Equality in Employment (Chinese :性別工作平等法) could face a fine of NT$300,000 to NT$1,500,000. [83] [84]

In March 2010, the Ministry of Education announced that, starting from 2011, school curriculum and textbooks would include topics on LGBTQ rights and nondiscrimination. According to the Ministry, the reform seeks to "root out discrimination", since "students should be able to grow up happily in an environment of tolerance and respect". [85] Due to strong opposition from anti-LGBT groups, a compromise was made. For instance, one teaching objective was changed from "understanding one's sexual orientation" to "respecting diverse sexual orientations". [86] In November 2018, following a referendum, Education Minister Yeh Jiunn-rong said that the approval of the initiative ("Do you agree that the Ministry of Education and individual schools should not teach homosexual-related education in schools?") does not mean that the Ministry of Education will stop promoting gender equality education, but LGBT-related content will be reviewed to see if it needs revising in accordance with the referendum results. [87]

The Long-Term Care Services Act (Chinese :長期照顧服務法), enacted in January 2017 to regulate long-term care services for persons with illness or disability who cannot live fully independently, contains an anti-discrimination clause that covers sexual orientation and gender identity. [88]

In 2017, the Taiwanese Constitutional Court, also known as the Judicial Yuan, issued J.Y. Interpretation No. 748, which stated that Article 7 of the Constitution prohibits discrimination based on sexual orientation. [89] The ruling stated that "the five classifications of impermissible discrimination set forth in Article 7 of the Constitution are only exemplified, neither enumerated nor exhausted. Therefore, different treatments based on other classifications, such as disability or sexual orientation, shall also be governed by the right to equality under the said Article." [89]

Transgender rights

Since 1988, the government of Taiwan has allowed people to change their gender on their ID and other legal documents with surgery requirements and two psychiatric diagnosis certificates. [90]

In 2002, transgender activist Tsai Ya-ting unsuccessfully petitioned the Presidential office to allow her to use a photo that represented her actual appearance on her National Identification Card. [91]

In 2008, the Ministry of the Interior stipulated in an executive order that transgender and intersex people must undergo sex reassignment surgery in order to change their legal gender on personal documents. [92] Plans to remove the surgery requirement were discussed in late 2014, but were not implemented. [92] [93] In October 2019, a transgender woman attempted to change the designated gender on her national identification card. Her local household registration office refused the request, as she had only provided diagnostic evidence of gender dysphoria, and no evidence of sex reassignment surgery. An appeal to her local government was unsuccessful. The Taipei High Administrative Court ruled on the case in September 2021, permitting her gender to be listed as female without evidence of sex reassignment surgery. The Taipei High Administrative Court issued the decision based on the Constitution, which guarantees all freedoms and rights that are not detrimental to social order or public welfare. In addition, the court cited previous legal interpretations that concluded all limitations on people's rights must be enumerated in a specific law. [94] [95]

In August 2013, Taiwanese authorities accepted a request for the country's first transgender marriage, after initially questioning the couple's gender. [96]

In August 2016, Audrey Tang, a top software programmer, was appointed by the Tsai Administration to the Cabinet and became the first transgender minister of Taiwan. Her role as the Minister without portfolio (i.e. heading no particular ministry) deals with helping government agencies communicate policy goals and managing government-published information, both via digital means. [97]

In January 2018, it was announced that plans to introduce a third gender option on identification documents, such as passports and the National Identification cards, would be implemented in the near future. [98] In November 2018, Chen Mei-ling, the Minister of the National Development Council, announced that these plans will come into effect in 2020. [99] The third gender option was under discussion at one point but wasn't implemented later.

A 2020 survey found that 55% of transgender Taiwanese were afraid of using a public restroom, 19% had been harassed or attacked in public, and 16% were afraid to ask a police officer for help. [100]

Conversion therapy

On 13 May 2016, the Health Bureau of the Taichung City Government announced that medical institutions in Taichung are prohibited from engaging in conversion therapy. According to Shader Liu, a member of Taichung's Gender Equality Committee, any group – medical, civil or religious – that practices it is violating the Physicians Act (Chinese :醫師法) and the Psychologists Act (Chinese :心理師法), respectively. The committee made a request to the Ministry of Health and Welfare to make the new rule applicable nationwide, so as to eliminate the practice. [101]

On 30 December 2016, the Ministry of Health and Welfare announced that it would draft an amendment to the Physicians Act to prohibit conversion therapy. The Taiwanese Society of Psychiatry and human rights groups recommended that conversion therapy be banned. Members of the public had the opportunity to offer their opinions on the draft amendment for 60 days, after which the Ministry would issue regulations. The regulations were expected to bypass Parliament in late January 2017 and take effect in March 2017. [102] [103] According to the Physicians Act, doctors who engage in prohibited treatments are subject to fines of between NT$100,000 (US$3,095) to NT$500,000 (US$15,850) and may be suspended for one month to one year. [104] However, the proposed regulations were stalled by fierce resistance from anti-LGBT groups. [105]

Instead of pushing ahead legal amendments or new regulations, on 22 February 2018, the Ministry of Health and Welfare issued a letter to all local health authorities, which effectively banned conversion therapy. [106] In the letter, the Ministry states that sexual orientation conversion is not regarded as a legitimate healthcare practice and that any individual performing the so-called therapy is liable to prosecution under the Criminal Code or the Protection of Children and Youths Welfare and Rights Act (Chinese :兒童及少年福利與權益保障法), depending on the circumstances. [107]

Military service

While lesbian, gay and bisexual people have been able to serve openly in the military since 2002, transgender people are not allowed. [108]

Blood donation

In December 2016, the Center for Disease Control announced that it would lift the lifelong ban on gay and bisexual men donating blood. The Taiwan Blood Services Foundation commented that other exclusion criteria provided adequate safeguards against unsafe blood. [109]

In March 2018, the Government gazetted, for a two-month public consultation, amendments to the Standards on Assessing Donor Suitability for Blood Donation that included allowing gay and bisexual men who have not had sex with another man for five years to donate blood. [110] [111] A spokesperson for the Ministry of Health and Welfare said that the abstinence period would be further reduced to one year in the future, so as to bring the Taiwanese standard in line with Western countries. [112]

In 2018, Taiwan planned to permit gay and bisexual men to donate blood following five years of abstinence from sex. [113] Due to the backlash, it has been postponed.

Living conditions and gay life in Taiwan

Taiwan Pride 2005 Taiwan Pride 2005 before setout.JPG
Taiwan Pride 2005
The 2016 edition of Taiwan Pride Taiwan Pride 2016 P1190837 27.jpg
The 2016 edition of Taiwan Pride

On 1 November 2003, Taiwan Pride, the first LGBT pride parade in the Chinese-speaking world, was held in Taipei, with over 1,000 people attending. [114] It has taken place annually since then. In the early years, many participants wore masks to hide their identity because homosexuality remained a social taboo in Taiwan. This has gradually changed over the years. The 2010 parade attracted 30,000 attendees and increased media and political attention, highlighting the growing acceptance of LGBT people in Taiwan. Since 2010, there has also been a pride parade in Kaohsiung; the first pride in the city attracted over 2,000 people. [115] The city of Taichung also holds pride parades, with the 2016 one attracting a crowd of 20,000 people. [116] The 2017 Taiwan Pride parade was attended by an estimated 123,000 people. [117] The 2018 parade was attended by 137,000 people. [12]

Representations of LGBTQ people in literary and cinematic works are also instrumental in promoting public awareness of LGBT people and advancing LGBT rights in Taiwan. In the 1970s, some novels regarding homosexuality were published. One of the most prominent writers is Pai Hsien-yung, who introduced gay characters in his novels, the most famous being Crystal Boys . More recently, some gay TV series and movies have been produced and have gained great attention among gay communities in both Taiwan and China. Examples include the TV series Crystal Boys, adapted from Pai Hsien-yung's novel by the same title, and the movie Formula 17 . In 2005, Taiwanese director, Ang Lee, directed the gay Western film Brokeback Mountain , receiving high critical acclaim and Academy Awards. Spider Lilies , a lesbian film directed by Zero Chou, was screened at the 2007 Berlin International Film Festival. It won the Teddy Award for best gay feature film.

LGBT people in Taiwan generally have strong, supportive social networks, though many still face difficulty being accepted by family members due to the pervasive "traditional family values" that still exist in Taiwanese culture. [118] In the days following the same-sex marriage referendum, suicide hotlines saw a 40% increase among LGBT people, especially youth. [119]

Rabbit God

Tu'er Shen (兔兒神), also known as the Rabbit God (兔神), is the Taoist (Chinese folk religion) matchmaker god for homosexual relations, and is a deity of homosexual love. In 2006, Lu Wei-ming founded a temple for Tu'er Shen in Yonghe District in New Taipei City. [120] About 9,000 gay pilgrims visit the temple each year for praying, particularly for a partner. The temple also performs marriage ceremonies for same-sex couples. It is the world's only religious shrine for gay individuals. [121]

Public opinion

Public opinion on same-sex marriage (2023) based on Pew Research Center [122]

  Strongly favor (19%)
  Somewhat favor (26%)
  Not sure (13%)
  Somewhat oppose (15%)
  Strongly oppose (27%)

According to a Pew Research Center poll in November 2023, 45% of Taiwanese supported same-sex marriage, while 43% were opposed. [123]

A poll of 6,439 adults released in April 2006 by the National Union of Taiwan Women's Association/Constitutional Reform Alliance concluded that 75% believed "homosexual relations are acceptable", while 25% thought "they are unacceptable". [124]

A 2013 online poll showed that 53% of Taiwanese supported same-sex marriage. According to the online poll, 76% were in favor of equal rights for gays and lesbians. [125]

In May 2015, PlanetRomeo, an LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society's view on homosexuality, how they experience the way they are treated by other people and how satisfied they are with their lives. Taiwan was ranked 34th with a GHI score of 54. [126]

A 2015 online poll showed that 59% of respondents approved legislation allowing same-sex couples to establish "marriage-like" relations, with 75% supporting same-sex marriage. [127]

An opinion poll conducted face-to-face in January–May 2020 by Taiwan's Election and Democratization Survey found that 43% of respondents supported same-sex marriage, while 57% were opposed. [128]

In May 2020 a coalition of five LGBT organizations under the name Equal Love Taiwan conducted a poll. 92.8% of the respondents weren't affected by the legalization of same-sex marriage, 3.7% said they were affected negatively because of it and 1.8% were positively affected by the legalization. A majority of 56.8% were in favor of allowing same-sex couples to adopt children, 38.4% were against it. 50.1% were opposed to allowing same sex-couples to use artificial reproductive technologies, 42.1% were in favor of it. A majority (65%) could accept if a family member, classmate or coworker would be gay. 49.2% could accept if their child was gay, 47.3% said it would be hard to accept if their child was gay. 53% would accept if their child was taught about the LGBT topics in school. A minority of the respondents would accept if they saw public display of affection of same-sex couples (48.2%), a majority would accept it if heterosexual couples would do the same (74.1%). [129]

Two LGBT groups conducted a survey in May 2020 which showed that 49.7% LGBT respondents would be worried that their workplace relations would be affected if they came out in the workplace. A small majority of 55% came out to a few colleagues, a minority of 30% came out to someone in a higher position than them. 38.1% of the respondents said that there were colleagues out in their workplace. [130]

According to a 2022 survey by the World Values Survey, 41% of Taiwanese "would not like to have homosexuals as neighbors". [131]

Summary table

Same-sex sexual activity legal Yes check.svg (Since 1912) [15] [37]
Equal age of consent Yes check.svg
Anti-discrimination laws in employment Yes check.svg (Since 2007)
Anti-discrimination laws in education Yes check.svg (Since 2004)
Anti-discrimination laws in the provision of goods and services X mark.svg
Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech) X mark.svg
Hate crime laws include sexual orientation and gender identity X mark.svg
Same-sex marriage Yes check.svg (Since 2019) [132]
Recognition of same-sex couples Yes check.svg (registered partnerships between 2015 and 2019) [37]
Stepchild adoption by same-sex couples Yes check.svg (Since 2019)
Joint adoption by same-sex couples Yes check.svg (Since 2023) [1]
Adoption by single people regardless of sexual orientation Yes check.svg
LGB people allowed to serve in the military Yes check.svg (Since 2002)
Transgender people allowed to serve openly in the military Yes check.svg / X mark.svg (under ID Card's sex, in addition, transsexual individuals may not be able to enter military service due to their military exemption status) [133]
Right to change legal gender Yes check.svg (Since 1988, with surgery requirements and two psychiatric diagnosis certificates. [90] Since 2021, no surgery requirements case by a Taiwan court ruling) [95]
Third gender option X mark.svg
Intersex minors protected from invasive surgical procedures X mark.svg
Conversion therapy banned by law Yes check.svg / X mark.svg (only medical professionals are barred from practicing conversion therapy)
Gay panic defense banned by law X mark.svg [37]
Homosexuality declassified as an illness Yes check.svg
Access to IVF for lesbian couples X mark.svg (only heterosexual married couples may access IVF treatments)
Automatic parenthood for both spouses after birth X mark.svg
Altruistic surrogacy for gay male couples X mark.svg [134]
MSMs allowed to donate blood X mark.svg

See also

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Taiwan Tongzhi Hotline Association is an organization that provides the LGBT community with peer counseling, support networks, and a community resource center. It is the first LGBT non-governmental organization (NGO) registered in Taiwan.

China does not recognize same-sex marriage or civil unions. Since 1 October 2017, couples have been able to enter into guardianship agreements, offering partners some limited legal benefits, including decisions about medical and personal care, death and funeral, property management, and maintenance of rights and interests. Attempts to legalise same-sex marriage in 2020 were unsuccessful, but polling suggests that support for same-sex marriage is rising in China.

Gender Equality Education Act of Taiwan was enacted on June 23, 2004. The General Provisions states the purposes of the act: "to promote substantive gender equality, eliminate gender discrimination, uphold human dignity, and improve and establish education resources and environment of gender equality." In recent years, this act has become controversial because it has implemented anti-discrimination on LGBT rights and LGBT sex education.

<span class="mw-page-title-main">Taiwan Pride</span> Annual LGBT pride parade in Taipei and other cities of the Republic of China

Taiwan Pride is the annual LGBTQ pride parade in Taiwan. The parade was first held in 2003. Although joined by groups from all over the country, the primary location has always been the capital city of Taipei. The parade held in October 2019 attracted more than 200,000 participants, making it the largest gay pride event in East Asia. As of 2019, it is the largest in Asia ahead of Tel Aviv Pride in Israel, which is the largest in the Middle East. Taiwan LGBT Pride Community, the organizer of Taiwan LGBTQ Pride Parade, holds the parade on the last Saturday of October.

<span class="mw-page-title-main">LGBTQ rights in Japan</span>

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in Japan have fewer legal protections than in most other developed countries, although some developments towards stronger rights have been made in the 2020s. Same-sex sexual activity was criminalised only briefly in Japan's history between 1872 and 1881, after which a localised version of the Napoleonic Penal Code was adopted with an equal age of consent. Same-sex couples and households headed by same-sex couples are ineligible for the legal protections available to opposite-sex couples, although since 2015 some cities and prefectures, covering over 60% of the population by 2023, offer "partnership certificates" to recognise the relationships of same-sex couples and provide some legal benefits. Japan is the only country in the G7 that does not legally recognize same-sex unions nationally in any form. In March 2021 and May 2023, the Sapporo and Nagoya District Courts ruled that not recognising same-sex marriage was a violation of the Constitution respectively. While in June 2022, the Osaka District Court ruled that not recognising same-sex marriage was not a violation of the Constitution, in November 2022, the Tokyo District Court ruled that the absence of same-sex marriage legislation was an unconstitutional state of affairs but did not violate the Constitution, though the court's ruling has no immediate legal effect. In June 2023, the Fukuoka District Court ruled that the ban on same-sex marriage was constitutional. A second ruling in September 2023 concluded that same-sex relationships should not be excluded from Japan's marriage system.

Same-sex marriage has been legal in Taiwan since 24 May 2019, making it the first country in Asia to legalize same-sex marriage. On 24 May 2017, the Constitutional Court ruled that the marriage law was unconstitutional, and that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Taiwanese Constitution. The ruling gave the Legislative Yuan two years to bring the law into compliance, after which registration of such marriages would come into force automatically. In November 2018, the Taiwanese electorate passed referendums to prevent recognition of same-sex marriages in the Civil Code. The government responded by confirming that it would not amend the existing marriage laws in the Civil Code, but rather prepare a separate law for same-sex couples.

<span class="mw-page-title-main">LGBTQ rights in China</span>

Lesbian, gay, bisexual, transgender and queer (LGBTQ) people in the People's Republic of China (PRC) face legal and social challenges that are not experienced by non-LGBTQ residents. While both male and female same-sex sexual activity are legal, same-sex couples are currently unable to marry or adopt, and households headed by such couples are ineligible for the same legal protections available to heterosexual couples. No explicit anti-discrimination protections for LGBTQ people are present in its legal system, nor do hate crime laws cover sexual orientation or gender identity.

<span class="mw-page-title-main">LGBTQ rights in Asia</span>

Laws governing lesbian, gay, bisexual, and transgender (LGBT) rights are complex in Asia, and acceptance of LGBTQ persons is generally low. Same-sex sexual activity is outlawed in at least twenty Asian countries. In Afghanistan, Brunei, Iran, Qatar, Saudi Arabia, the United Arab Emirates and Yemen, homosexual activity results in death penalty. In addition, LGBT people also face extrajudicial executions from non-state actors such as the Islamic State of Iraq and the Levant and Hamas in the Gaza Strip. While egalitarian relationships have become more frequent in recent years, they remain rare.

<span class="mw-page-title-main">LGBT rights in Hong Kong</span>

Lesbian, gay, bisexual, and transgender (LGBTQ) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.

Japan does not recognize same-sex marriages or civil unions. Several municipalities and prefectures issue same-sex partnership certificates, which provide some benefits, but do not offer equal legal recognition. Polling suggests that a significant majority of Japanese people support the legalization of same-sex marriage or partnerships, particularly the younger generation. Politically, the Constitutional Democratic Party, the Japanese Communist Party, the Social Democratic Party, Reiwa Shinsengumi, and Komeito support legalizing same-sex marriage. Nippon Ishin no Kai also supports same-sex marriage, but believes a constitutional amendment is necessary to legalize it. However, the Liberal Democratic Party, which has been in power almost continuously since 1958, remains opposed to it.

The Taiwan Alliance to Promote Civil Partnership Rights is a Taiwanese non-governmental advocacy organization which advocates for the expansion of civil rights for same-sex couples, including same-sex marriage, civil partnerships, adoption rights, and other freedoms. It was founded in 2009 by the Awakening Foundation, Taiwan Tongzhi Hotline Association, and other LGBTQ+ rights organisations. Among initiatives carried out by TAPCPR are launching a million-signature petition drive for the legalization of same-sex unions, floating a draft bill for consideration by the Legislative Yuan, the Interior Ministry's recognition of transgender marriages, and taking a poll showing 50% support for same-sex marriage among Taiwanese people.

<span class="mw-page-title-main">LGBT history in Taiwan</span>

The major religions in Taiwan are Buddhism and Taoism. In these religions, the beliefs present no arguable issues about LGBTQ people. There are no laws about punishing sodomy, which means a sexual relationship between males is not considered an abomination, unlike in many western and Abrahamic religions. However, it was long considered a taboo issue. When human rights issues were discussed in political arenas, the concept of Tongzhi became a key term among the politicians in Taiwan. When it emerged in political forums, Taiwanese people began to become familiar with the idea that Tongzhi people being a part of their culture. Yet still, LGBTQ people were not mentioned in Taiwanese law. Punishment for being part of the LGBTQ community did not exist, yet there was also not any welfare or protection for LGBTQ people.

Jacques Camille Picoux was a lecturer on French language and literature at National Taiwan University who died by suicide on 16 October 2016. He held a solo artist's exhibition in 2012 and was also known for playing the character Kong Kong in the 2015 film The Assassin directed by Hou Hsiao-hsien.

This is a list of notable events in the history of LGBTQ rights that took place in the year 2017.

<span class="mw-page-title-main">Recognition of same-sex unions in Asia</span>

Debate has occurred throughout Asia over proposals to legalize same-sex marriage as well as civil unions.

Chen In-chin is now a Taiwanese professor at National Central University. He was the Chairperson of Central Election Commission from 17 November 2017 to 25 November 2018.

A multi-question referendum was held in Taiwan on 24 November 2018 alongside local elections. The referendum was the first since the December 2017 reform to the Referendum Act, which reduced the threshold for submitting questions to the ballot; under the new system, signatures from 1.5 percent of the electorate were required to successfully put a question on the ballot, reduced from 5 percent previously.

<span class="mw-page-title-main">Intersex rights in Taiwan</span>

Intersex people in Taiwan currently face some gaps in legal protection of their rights to physical integrity and bodily autonomy, and in protection from discrimination on the basis of sex characteristics, with significant improvements in recent years.

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