Marriage equality in Taiwan: no rain on this parade

It was a rainy Friday in Taipei, but nothing could dampen the spirits of the 40,000 supporters of marriage equality waiting with bated breath outside the Legislative Yuan building for the new marriage equality bill to be read.

Making up a colourful sea of ponchos and pride flags, there was a long pause of silence as a representative of the Legislative Yuan read the bill. When he was done, raucous cheers and applause filled the air as supporters started chanting, “Marriage equality, first in Asia. Marriage equality, first in Asia!”.

A landmark first, indeed.

The bill has been two years in the making, ever since the Constitutional Court first ruled in May 2017 that it was unconstitutional for same-sex couples to be denied the right to be married legally. It then gave the legislative arm of the country two years to enact appropriate laws. Since then, progress has been a back and forth game, with anti-LGBT public opinion resulting in referendums being passed by the government in November 2018.

The passing of the bill, which was signed into law by President Tsai Ing-Wen on 22 May 2019, comes as a triumphant win for supporters of marriage equality – both the involved and their allies – against the conservative voices of the country.

For Taiwan, a city-state still rooted in traditional Chinese values, the road to marriage equality was never going to be easy. A 2013 poll by Taiwan News showed that only 53% of Taiwanese supported same-sex marriage, although 76% were in favour of equal rights for LGBT people. In 2015, that first number rose to 59%.

The divisive factor seems to stem from a common understanding of marriage – the legally recognised union between two people – as being of a man and a woman.

Despite the Taiwan Pride being the second largest pride event in Asia, behind only Tel Aviv, there was clearly a good number of people who were not ready to embrace such a radical shift in what Taiwan as a nation stood for. The November 2018 referendums saw more than two-thirds of voters deciding that marriage should rightfully be between a man and a woman, and nothing else.

Lim Han, a student at Taipei University, observed that there was a mix of opinions in the general public. “I would say there is an equal amount of people who are for and against the new bill. But the younger generation is truly leading the charge when it comes to fighting for change,” she remarked.

And anti-gay groups in Taiwan such as the Faith and Hope League, Coalition for the Happiness of our Next Generation and Family Guardian Coalition have not taken the newly passed law lightly.

The Coalition for the Happiness of our Next Generation has already begun rallying support for the new law to be revoked in 2020, when Taiwan is slated to have its next presidential election. In a statement released on their Facebook page, they vowed to unseat the incumbent politicians who overlooked public opinion and the November 2018 referendums.

But negativity is clearly the last thing on the minds of the first batch of same-sex couples who got married the very day the new law was passed.

Shane Lin and Marc Yuan, who met in college, had the honour of becoming the first couple to register their marriage under the new law. They were amongst many other same-sex couples who happily posed for photos in front of the Taipei 101, one of Taipei’s most iconic buildings.

And while pride month will certainly have a sweeter meaning for the LGBT community of Taiwan this year, the fight towards equality remains a work in progress.

For one, same-sex couples are only allowed to adopt their partners’ biological children. If their partner is a foreigner, they can only be wed if their partner comes from a country where same-sex marriage is also legally recognised.

As of this writing, same-sex marriage is currently performed and recognised in 28 countries. The Netherlands was the very first country to blaze the trail, legalising same-sex marriage in April 2001.

The restrictive laws for adoption and marrying foreigners have drawn criticism from some, although gay rights groups have accepted such “partial equality” as a stepping stone towards greater progress.

And for university student Shan (not her real name), who also goes to school in Taiwan, some form of progress is better than none at all. “It hasn’t been easy, so I’m contented. Even five years ago, I would never have expected that I might one day be able to get married. We’ve come a long way,” she said.

Taiwan’s liberal new law also comes in times of a fragmented Asia when it comes to LGBT rights. Just across the South China Sea, the nation of Brunei announced in April 2019 that it would enact a law that would make homosexual acts punishable with death by stoning. Although it retracted the law the next month, the move is still seen as a representation of the conservatism and lack of human rights in the Eastern part of the world.

But if tiny Taiwan has proven anything, it is that love finds ways to win. Already, countries such as Japan have begun to discuss their very own legalising of same-sex marriages, following in Taiwan’s footsteps. That decades of campaigning have resulted in such a landmark ruling is heartening, and a loud and proud statement against naysayers who believe that marriage equality will never be achieved in this part of the world.

Things might never ever be fully smooth-sailing for people like Shan, but if the 40,000-strong crowd in the middle of a Taipei rainstorm proves anything, it is that the fruits of the struggle are always worth the fight.

After all, no rainbow ever came without some rain. 🌈