The lawyer C.V. Chen (陳長文) recently wrote in support of gay marriage, calling on President Ma Ying-jeou (馬英九) to pull out all the stops to amend the law to allow same-sex marriages.
During a lecture I gave to the Taiwan Bar Association recently, a senior lawyer made clear his own objection to the idea, saying that it was sure to have devastating consequences for the nation, as “homosexuals do not reproduce.” This sets Chen’s remarks in starker contrast. Getting married and starting a family are the most fundamental aspirations of people seeking to establish their place in the world and are basic human rights that have long been denied to homosexuals.
Actually, it was not long ago that homosexuals were ostracised in Taiwan for having sexual orientations and aspirations different from the norm.
In the past, the traditional marriage norms did not allow isonymy, or marriage between people of the same surname. In My Native Land, Chung Li-ho’s (鍾理和) family refuses to bless his union with his wife, Chung Ping-mei (鍾平妹) because of their shared surname. The couple are forced to elope and live a difficult life, but the way they support each other, and Chung’s lucid prose, moved later generations to be more sympathetic to the issue. Chinese society used to believe that isonymy would eventually impede the propagation of the race and so it was prohibited in Chinese law. These restrictions were later removed in our Civil Code, but the custom has remained, causing much misery among many couples simply as a result of having the same name.
Many generations later, we struggle to understand how isonymy could have been so harshly outlawed. Nowadays, we regard the idea that it was an impediment to propagation of the race as faintly ridiculous. A similar argument, however, is being used to oppose same-sex marriage.
In modern society, we no longer take it as read that the primary purpose of marriage is the propagation of future generations. After the gender equality movement dismantled the direct association between gender and propagation on the one hand, and marriage and propagation on the other, it is no longer felt that either propagation or gender need to be viewed exclusively from within the framework of the institution of marriage. The inability of homosexual couples to raise children is dictated only by social norms and conventions.
Some say equal rights for homosexuals cannot rely solely on the legalization of same-sex marriage — I could not agree more. The equal rights movement sought to address the many prejudices that homosexuals encounter. That said, it is important to bring in the issue of partnership rights. Neither an unmarried or a homosexual partner is regarded as having any status within the current legal framework, which has implications for partners when dealing with issues such as medical treatment, insurance or tax. The way to address this is through amending the Civil Code to give unmarried partners or homosexual partners legal status as a spouse or equivalent.
In the middle of last month, Denmark became the 11th country to recognize same-sex marriages. A local gender rights group, the Taiwan Alliance to Promote Civil Partnership Rights, is soon set to propose a draft amendment to the Civil Code allowing for the legalization of same-sex marriages. This proposed amendment, together with a previously announced draft partnership law, which addressed both homosexual and heterosexual partnerships, would be the first of its type in Asia.
In Taiwan we like to think we have made great strides in human rights, but is the progress as impressive as we would have others believe? The legislation of same-sex marriages and partnerships will be the real test.
Kuan Hsiao-wei is an assistant professor of law at National Taiwan University.
Translated by Paul Cooper
Recently, China launched another diplomatic offensive against Taiwan, improperly linking its “one China principle” with UN General Assembly Resolution 2758 to constrain Taiwan’s diplomatic space. After Taiwan’s presidential election on Jan. 13, China persuaded Nauru to sever diplomatic ties with Taiwan. Nauru cited Resolution 2758 in its declaration of the diplomatic break. Subsequently, during the WHO Executive Board meeting that month, Beijing rallied countries including Venezuela, Zimbabwe, Belarus, Egypt, Nicaragua, Sri Lanka, Laos, Russia, Syria and Pakistan to reiterate the “one China principle” in their statements, and assert that “Resolution 2758 has settled the status of Taiwan” to hinder Taiwan’s
Singaporean Prime Minister Lee Hsien Loong’s (李顯龍) decision to step down after 19 years and hand power to his deputy, Lawrence Wong (黃循財), on May 15 was expected — though, perhaps, not so soon. Most political analysts had been eyeing an end-of-year handover, to ensure more time for Wong to study and shadow the role, ahead of general elections that must be called by November next year. Wong — who is currently both deputy prime minister and minister of finance — would need a combination of fresh ideas, wisdom and experience as he writes the nation’s next chapter. The world that
The past few months have seen tremendous strides in India’s journey to develop a vibrant semiconductor and electronics ecosystem. The nation’s established prowess in information technology (IT) has earned it much-needed revenue and prestige across the globe. Now, through the convergence of engineering talent, supportive government policies, an expanding market and technologically adaptive entrepreneurship, India is striving to become part of global electronics and semiconductor supply chains. Indian Prime Minister Narendra Modi’s Vision of “Make in India” and “Design in India” has been the guiding force behind the government’s incentive schemes that span skilling, design, fabrication, assembly, testing and packaging, and
Can US dialogue and cooperation with the communist dictatorship in Beijing help avert a Taiwan Strait crisis? Or is US President Joe Biden playing into Chinese President Xi Jinping’s (習近平) hands? With America preoccupied with the wars in Europe and the Middle East, Biden is seeking better relations with Xi’s regime. The goal is to responsibly manage US-China competition and prevent unintended conflict, thereby hoping to create greater space for the two countries to work together in areas where their interests align. The existing wars have already stretched US military resources thin, and the last thing Biden wants is yet another war.