On Wednesday Taiwan’s Constitutional Court ruled in favor of gay marriage, making it the first Asian country to do so.
According to the Court, Taiwanese laws that prohibit same-sex couples from marrying violate their personal freedom and equal protection. These laws privilege heterosexual couples over homosexual couples, making some citizens more equal before the law than others.
The Court also stated that sexual orientation is an “immutable characteristic that is resistant to change.”
The autonomy to decide whom to marry “is vital to the sound development of personality and safeguarding of human dignity, and therefore is a fundamental right,” added the Court.
The Court further stated that same-sex marriage does not affect the rights of persons in heterosexual marriages. Instead, same-sex couples forge “a permanent union of intimate and exclusive nature for the committed purpose of managing a life together.”
Taiwan’s government now has two years to change to its laws. It must either create a law specifically allowing same-sex marriage or amend its civil code to include same-sex couples. If it does not take legislative action within this deadline, same-sex couples will be permitted to register for marriage and obtain “the status of legally recognized couple.”
With this ruling, Taiwan’s president, Tsai Ing-wen, has already asked the Ministry of Justice to create a legal framework for same-sex marriage.
According to the BBC, LGBTI activists hope for a change in the civil code instead of a separate same-sex law. A separate law could still create inequality, such as by forbidding same-sex couples from adopting children.
Nonetheless, numerous people gathered in Taipei for an outdoor rally organized by the Taiwan LGBT Family Rights Advocacy on Wednesday. Celebrating the ruling with cheers, hugs and joyful tears, the advocacy group livestreamed the Court’s announcement on a large video screen and on Facebook.
This decision is long awaited for Taiwan’s LGBTI community, as well as for LGBTI supporters. Same-sex marriage has been a controversial issue in Taiwan for decades.
Chi Chia-wei, the key plaintiff in Wednesday’s decision, first attempted to obtain a marriage license 16 years ago. Since the 1980s, he has fought for gay rights in Taiwan.
“I’m leaping with joy like a bird,” Chia-wei told reporters. “It’s been a long fight, and I’m in need of a good sleep.”
“This is a huge step forward for LGBTI rights in Taiwan,” added Amnesty International’s Lisa Tassi, who leads East Asian campaigns.
However, several events leading up to Wednesday’s ruling foreshadowed that Taiwan would legalize same-sex marriage.
In 2013, Taiwan’s Interior Ministry decided, “not to revoke a marriage between two trans women,” according to the Gay Star News. The Ministry stated that the couple was “a man and a woman,” giving them the legal right to marry.
President Tsai Ing-wen, who was elected in 2016, also showed support for same-sex marriage during her campaign. According to The China Post, Taiwan’s legislature recently considered changing its Civil Code as well.
Despite support for same-sex marriage both inside and outside Taiwan’s government, several Taiwanese groups have criticized the Court’s decision.
According to Taiwan News , “groups opposing same-sex marriage, including Coalition for the Happiness of Our Next Generation, protested outside the Judicial Yuan after the result came out. Some requested the invalidation of the interpretation and the president to step down.”
Opposition to LGBTI rights remains throughout Asia as well. This week, two men in the Indonesian province of Aceh were caned 83 times for engaging in gay sex. Similarly, South Korea sentenced a military officer to jail time on Wednesday for having sex with men.
“The conviction raises fears that dozens of military personnel will face a similar fate,” said Amnesty International. This sentence was part of “a bigoted hunt to root out gay personnel.”
Nonetheless, Taiwan’s ruling gives Asia’s LGBTI community a great amount of hope. The Court’s decision to legalize same-sex marriage will not only help many Taiwanese but also, according to Tassi, “will resonate across Asia.”
