LGBT rights in the Republic of China
|LGBT rights in Republic of China|
|Same-sex sexual activity legal?||Legal|
|Discrimination protections||Sexual orientation protections (see below)|
Lesbian, gay, bisexual, transgender (LGBT) rights in the Republic of China have been regarded as some of the most progressive in East Asia and Asia in general. Both male and female same-sex sexual activity are legal, however, same-sex couples and houses headed by same-sex couples are not eligible for the legal protections available to opposite-sex couples. The executive branch in the Republic of China government (Executive Yuan) proposed the legalization of same-sex marriage in 2003, however, the bill received opposition and was not voted on. Discrimination on the basis of sexual orientation in education and employment have been banned statewide since 2003 and 2007, respectively. The Taiwan Pride in 2012 was attended by more than 65,000 citizens, making it the largest LGBT event in Asia, which has led many to refer to the Republic of China as one of the most liberal locations in Asia as well.
Law regarding same-sex sexual activity
Adult, private, non-commercial and consensual same-sex sexual activity is legal in Republic of China.
The Constitution does not expressly mention sexual orientation or gender identity.
Recognition of same-sex relationships
At the end of October 2003, the executive branch of the (Republic of China) government (Executive Yuan) proposed legislation granting marriages and the right to adopt to same-sex couples under the Human Rights Basic Law; however it faced opposition among cabinet members and legislators and has been stalled since, and thus not voted on. Currently Taiwan does not have any form of same-sex unions.
On 22 December 2014, a proposed amendment to the Civil Code which would legalize same-sex marriage was due to go under review by the Judiciary Committee. If the amendment passes the committee stage it will then be voted on at the plenary session of the Legislative Yuan in 2015. The amendment, called the marriage equality amendment, would insert neutral terms into the Civil Code replacing ones that imply heterosexual marriage, effectively legalizing same-sex marriage. It would also allow same-sex couples to adopt children. Yu Mei-nu of the Democratic Progressive Party (DPP), who is the convener of the current legislative session, has expressed support for the amendment as have more than 20 other DPP lawmakers as well as two from the Taiwan Solidarity Union and one each from the Kuomintang and the People First Party.  the Republic of China would become the first country in Asia to legalize same-sex marriage if the Civil Code is amended.
In 2007, the legislature of the Republic of China, the Legislative Yuan, passed legislation banning discrimination based on sexual orientation at work. Discrimination against sexual orientation in education has been banned since 2003 through the Gender Equity Education Act. In March 2010, the Republic of China Ministry of Education announced that, starting from 2011, school textbooks would include topics on LGBT human rights and non-discrimination. 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"
LGBT life in Republic of China
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.
On 1 November 2003, Taiwan Pride, the first gay pride parade in the Chinese-speaking world, was held in Taipei, with over 1,000 people attending. It has taken place annually since then, but still, many participants wear masks to hide their identity because homosexuality remains a social taboo in the Republic of China. However, the 2010 parade attracted 30,000 attendees and increasing media and political attention, highlighting the growing rate of acceptance in the Republic of China. Since 2010, there has also been a pride parade in Kaohsiung, which attracted over 2,000 people.
In 2003, the Republic of China's cabinet drafted a bill to legalize same-sex marriage and allow same-sex couples to adopt children, but the law was not enacted. A new bill legalizing same-sex marriage was drafted in 2012 by gay rights groups, but has also not been enacted. Same-sex marriage is not legally recognized in the Republic of China.
In 2011, aiming to create awareness about same-sex marriage, about 80 lesbian couples held Taiwan's biggest same-sex wedding party, attracting about 1,000 friends, relatives and curious onlookers.
In August 2013, the Republic of China government gave the nod to the country's first public same-sex transgender marriage, after initially questioning the couple's gender.
Lifelong activist Qi Jia-wei picked up Chen and Kao's fight for same-sex marriage, presenting his case in the Taipei High Administrative Court for the first time in October. He cited unnamed intelligence sources to accuse Washington, Beijing and the Vatican of standing in the way.
2004 sex party arrests
On 17 January 2004, Taipei's police raided and arrested 93 gay men at a private orgy, amidst allegations that they were using drugs. Many people in Republic of China were shocked by reports which revealed that nearly one-third of the attendees were HIV positive. These arrests received severe condemnation from the local gay community. This event is now known as the "HOMEPA" (Home Party) by the Republic of China gay community.
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% believe homosexual relations are acceptable, while 25% thought they were unacceptable.
A 2013 poll showed that 53% of the Republic of China support same-sex marriage. According to the poll 76% are in favor of equal rights for gay and lesbians.
|Same-sex sexual activity legal|
|Equal age of consent|
|Anti-discrimination laws in employment||(Since 2003)|
|Anti-discrimination laws in the provision of goods and services|
|Anti-discrimination laws in all other areas (incl. indirect discrimination, hate speech)|
|Recognition of same-sex couples|
|Adoption by same-sex couples|
|Gay people allowed to serve in the military||(Since 2002)|
|Right to change legal gender|
|Access to IVF for lesbians|
|MSMs allowed to donate blood|
- Taiwan Pride
- Gender/Sexuality Rights Association Taiwan
- Homosexuality in China, and mainland China
- Human rights in the Republic of China
- LGBT rights in Asia
- Hogg, Chris (28 October 2003). "BBC News". BBC News. Retrieved 20 January 2011.
- Look Who's Talking! (3 Dec) (28 October 2003). "taiwan moves to recognise gay marriages". Fridae.com. Retrieved 20 January 2011.
- Lii Wen (2014-12-21). "Gay marriage proposal set for review". Taipei Times. Retrieved 2014-12-21.
- "The China Post 5 May 2007". Chinapost.com.tw. 5 May 2007. Retrieved 20 January 2011.
- School textbooks to introduce gay topics from 2011: Taiwan's Ministry of Education, Fridae, 8 March 2010
- "'We are homosecxuals! We love you!'". Teipei Times. 2 November 2003. Retrieved 20 January 2011.
- Gay pride parade set for Kaohsiung
- (05/18/06) (15 April 2006). "Angus Reid Global Monitor, 18 May 2006". Angus-reid.com. Retrieved 20 January 2011.
|Wikimedia Commons has media related to LGBT in Taiwan.|