Taiwan approves same-sex marriage in first for Asia – TheNigerialawyer

TAIPEI: Taiwan’s parliament legalised same-sex marriage on
Friday (May 16) in a landmark first for Asia as the government
survived a last-minute attempt by conservatives to pass
watered-down legislation.

Lawmakers comfortably passed a bill, by 66 votes to 27, allowing
same-sex couples to form “exclusive permanent unions” and another
clause that would let them apply for a “marriage registration” with
government agencies.

The vote – which took place on the International Day Against
Homophobia, Transphobia and Biphobia – is a major victory for the
island’s LGBT community and it places the island at the vanguard of
Asia’s burgeoning gay rights movement.

Thousands of gay rights supporters gathered outside parliament
despite heavy downpours, waving rainbow flags, flashing victory
signs and breaking into cheers as the news filtered out.

In recent months conservatives had mobilised to rid the law of
any reference to marriage, instead putting forward rival bills that
offered something closer to limited same-sex unions. But those
bills struggled to receive enough votes.

The law, however, allows same-sex marriages only between
Taiwanese, or with foreigners whose countries recognise same-sex
marriage. It permits adoption of children biologically related to
at least one of the same-sex pair.

Gay rights groups hailed the vote on Friday, saying the ability
to apply for a “marriage registration” – known as Clause Four – put
their community much closer to parity with heterosexual
couples.

“The passage of Clause Four ensures that two persons of the
same-sex can register their marriage on May 24th and ensure that
Taiwan becomes the first country in Asia to legalise same-sex
marriage and to successfully open a new page in history,” said the
Taiwan Alliance to Promote Civil Partnership Rights.

COURT ORDER

Two years ago Taiwan’s top court ruled that not allowing
same-sex couples to marry violates the constitution with judges
giving the government until May 24, 2019 to make the changes or see
marriage equality enacted automatically.

The law will not bring full equality with heterosexual couples
as even the most progressive version only offers biological
adoptions.

But gay rights groups have said they were willing to accept
compromises, as long as the new law recognised the concept of
marriage, adding they could fight legal battles over surrogacy and
adoption down the line.

“In Taiwan a marriage will take effect when it’s registered, so
allowing marriage registration is no doubt recognising the marriage
itself,” Victoria Hsu, a gay rights lawyer, told AFP.

“For me the outcome today is not 100 per cent perfect, but it’s
still pretty good for the gay community as it provides legal
definition,” added Elias Tseng, a gay pastor who was among the
crowds outside parliament.

FAMILIES DIVIDED

In the last decade, Taiwan has been one of the most progressive
societies in Asia when it comes to gay rights, staging the
continent’s biggest annual gay pride parade.

But the island remains a staunchly conservative place,
especially outside urban areas.

Conservative and religious groups were buoyed by a series of
referendum wins in November, in which voters comprehensively
rejected defining marriage as anything other than a union between a
man and a woman, illustrating the limited popular support.

President Tsai Ing-wen hailed the vote as a “big step towards
true equality” that “made Taiwan a better country”.

Tsai had previously spoken in favour of gay marriage but was
later accused of dragging her feet after the court judgement,
fearful of a voter backlash.

Taiwan goes to the polls in January and the gay marriage issue
could hamper Tsai’s chances of re-election.

Opponents were incensed by the vote, saying the inclusion of the
“marriage registration” clause ignored the 70 per cent of voters
who had cast ballots in the referendum wanting to keep marriage
limited to a man and a woman.

Tseng Hsien-ying, from the Coalition for the Happiness of Our
Next Generation, told local media the vote “trampled on Taiwanese
people’s expectations that a marriage and a family is formed by a
man and a woman, a husband and a wife”.

Australia and New Zealand are the only places in the wider
Asia-Pacific region to have passed gay marriage laws.

Taiwan is the first place in Asia to do so.

Vietnam decriminalised gay marriage celebrations in 2015, but it
stopped short of full legal recognition for same-sex unions.

“We hope this landmark vote will generate waves across Asia and
offer a much-needed boost in the struggle for equality for LGBTI
people in the region,” Annie Huang, from Amnesty International
Taiwan, said in a statement.

Source: AFP/Reuters/de/nc/ec/hm

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