LGBT rights in Taiwan

Private, consensual, and noncommercial sexual activity between adults of the same sex is legal in Taiwan. In fact, homosexuality has never been a crime. The age of consent is 16 for both homosexual and heterosexual acts.[12]

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 LGBT 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".[13] 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".[5]

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".[14] The Grand Justices ruled on 24 May 2017 that the freedom of marriage guaranteed by the Article applies to persons of all sexual orientations.[5]

According to Judicial Yuan Interpretation No. 185, "the interpretations of the Judicial Yuan shall be binding upon every institution and person in the country".[15]

Wikinews has related news:

• Taiwan's Constitutional Court legalizes gay marriage, gives legislators two years to amend marriage laws

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.[16][17]

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.[18] 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.[19][20] 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.[21][22] 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.[23]

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.[24] Taiwan would have become the first Asian state (and 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.[25] 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.[26] In October, two same-sex marriage bills were introduced to the Legislative Yuan.[27]

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).[54][60] Taiwan law only allows for married people to adopt, but also allows single individuals to adopt, depending on the circumstances,[61] including individual LGBT people.[62]

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.[63]

Under the Artificial Reproduction Act (Chinese: 人工生殖法), assisted reproductive technologies are available only to heterosexual married couples.[64] 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.[65]

In May 2023, legislation formally passed to allow same-sex couples full adoption rights - instead of partial rights implemented in 2019.[1][66]

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.[67] 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.[68]

In 2007 and 2008, the Legislative Yuan passed amendments to two employment laws banning discrimination based on sexual orientation at work.[69][70][71] 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.[72][73]

In March 2010, the Ministry of Education announced that, starting from 2011, school curriculum and textbooks would include topics on LGBT 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".[74] 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".[75] 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.[76]

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.[77]

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.[78] 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."[78]

Since 1988, Taiwan government allowed to change the gender information in the identification card and other legal documents with surgery requirements and two psychiatric diagnosis certificates.[79]

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.[80]

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.[81] Plans to remove the surgery requirement were discussed in late 2014, but were not implemented.[81][82] 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.[83][84]

In August 2013, Taiwanese authorities accepted a request for the country's first transgender marriage, after initially questioning the couple's gender.[85]

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.[86]

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.[87] In November 2018, Chen Mei-ling, the Minister of the National Development Council, announced that these plans will come into effect in 2020.[88] 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.[89]

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.[90]

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.[91][92] 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.[93] However, the proposed regulations were stalled by fierce resistance from anti-LGBT groups.[94]

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.[95] 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.[96]

While lesbian, gay and bisexual people have been able to serve openly in the military since 2002, transgender people are not allowed.[97]

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.[98]

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.[99][100] 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.[101]

In 2018, Taiwan planed to permit gay and bisexual men to donate blood following five years of abstinence from sex.[102] Due to the backlash, it has been postponed.

Taiwan Pride 2005

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.[103] 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.[104] The city of Taichung also holds pride parades, with the 2016 one attracting a crowd of 20,000 people.[105] The 2017 Taiwan Pride parade was attended by an estimated 123,000 people.[106] The 2018 parade was attended by 137,000 people.[11]

Representations of LGBT 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.[107] In the days following the same-sex marriage referendum, suicide hotlines saw a 40% increase among LGBT people, especially youth.[108]

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".[111]

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.[112]

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.[113]

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.[114]

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.[115]

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%).[116]

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.[117]

• Same-sex marriage in Taiwan
• Human rights in Taiwan
• Intersex rights in Taiwan
• Taiwan Pride
• Tongzhi
• Taiwan Tongzhi Hotline Association
• Gender/Sexuality Rights Association Taiwan
• List of largest LGBT events
• LGBT rights in Asia
  • LGBT rights in the People's Republic of China
  • LGBT rights in Japan
  • LGBT rights in North Korea
  • LGBT rights in South Korea

Wikimedia Commons has media related to LGBT rights in Taiwan.

• "Utopia Asia on Taiwan". utopia-asia.com.
• "LGBT Information Zone". Civil Affairs Bureau of Taipei City Government (in Chinese).
• "Official website of the Taiwan Tongzhi (LGBT) Hotline Association" (in Chinese).
• "Official website of the Taiwan Alliance to Promote Civil Partnership Rights" (in Chinese).
• "Official website of Taiwan LGBT Family Rights Advocacy" (in Chinese).