On June 26, the Ministry of Justice produced a draft of the basic human rights law intended to further protect and promote human rights in Taiwan. Article 6 stipulates that gays and lesbians shall be allowed to have families as well as to legally adopt children. The new policy is praiseworthy at a time when Taiwan is actively promoting human rights.
Due to the traditional, even conservative, values in this society, alternative sexual orientation has been a strictly taboo subject. Such a dark "secret" could only be revealed to fellow homosexuals and close friends. This situation, however, has gradually improved in recent years.
Not only has the Taipei City Government helped set up a successful association of gay- and lesbian-friendly businesses, but a homosexual high school teacher, Tuan Chien-fa (
I believe the ministry's recent decision concerning gay and lesbian families and adoption is a positive move conducive to the elimination of discrimination against homosexuals. As the ministry's chief advisor, Tsai Mao-sheng (
Only by allowing same-gender couples to legally form families can we enable them to enjoy the rights and privileges afforded to all married "straight" couples -- such as automatic inheritance rights, hospital visitation rights, the right to make medical or health care decisions on behalf of one's partner and greater access to insurance and credit, among other benefits.
The ministry's decision to allow homosexuals to adopt children is also commendable. In fact, an increasing number of homosexual couples and individuals worldwide are choosing to become parents.
In the year 2000, an estimated 5 million children were being raised in gay and lesbian households in the US alone -- whether through birth parenting, step parenting, donor insemination, foster parenting or adoption.
Experts say that gay and lesbian parents are good parents, since they are usually caring and open-minded about raising children. Adoption by gays and lesbians will not only give them equal parental rights but legal responsibilities as well. Besides, legal adoption of a child must be based on the best psychological and economic interests of the child. That is perhaps why we have to step away from the mythical biological model of parenthood and try to adopt a more "child-centered" approach for the sake of the adoptees' best interests.
Still, it is a pity that the ministry stressed that the right to "form a family," as stated in the draft, is different from the right to a legal marriage. The ministry's excuse -- that the main purpose of getting married for heterosexuals is to raise children -- is rather odd. No wonder staff at the Taiwan Gay and Lesbian Human Rights Association (台灣同志人權協會) have asked, "If that is the case, would it be fair to say that those women who do not or cannot give birth should not be allowed to marry?"
According to Article 7 of the Constitution, "All citizens, irrespective of sex, religion, race, class or party affiliation, shall be equal before the law." That being so, gay and lesbian rights, of course, should be legally protected and promoted in Taiwan -- so that each and every one of us on this land can be treated equally and justly.
Chang Sheng-en is an English teacher trainer at the English Advanced Association in Taipei.
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