The Council of Grand Justices in May last year issued a constitutional interpretation in support of same-sex marriage after a 12-to-two vote. The global media praised Taiwan for being the first Asian nation to legalize same-sex marriage, calling it an Asian beacon for lesbian, gay, bisexual and transgender (LGBT) people’s human rights.
However, the Democratic Progressive Party (DPP) has delayed amending the Civil Code, giving the anti-LGBT camp more time and opportunity to manipulate the issue.
The Central Election Commission on Tuesday last week passed the initial review of three anti-LGBT referendum proposals launched by the groups, making Taiwan an international laughingstock less than a year after the legalization of same-sex marriage.
Gender and human rights groups were shocked when the commission passed the three proposals, because almost all of the academics serving as expert witnesses at the commission’s hearing said that the proposals might not only be unconstitutional, but also hurt constitutionally protected fundamental rights. They were of the opinion that such fundamental rights should not be decided in a referendum.
Faced with a conflict between the constitutional order and referendum rights, the commission should at least file for a constitutional interpretation if it cannot reject the proposals outright.
Instead of eliminating the constitutional dispute, by passing the referendum proposals, the commission will likely broaden the dispute and deepen social division.
This might have to be followed by another constitutional interpretation to resolve the disaster.
On the other hand, not only could the rights of the LGBT community be hurt by the referendum results, the referendums could also be used as a propaganda platform by anti-LGBT groups to spread discriminatory and misleading information, which could reinforce social prejudice and further stigmatize the LGBT community.
Faced with the groups’ attacks against same-sex marriage and gender equality education in the past few years, with the exception of a few politicians, neither the DPP nor President Tsai Ing-wen (蔡英文) has publicly supported LGBT rights, or at least reiterated campaign promises on marriage equality.
When it comes to LGBT rights, the DPP administration lost political credibility a long time ago. A reasonable assumption is that the party will not speak up for LGBT rights in the debates prior to the referendums.
However, those who support LGBT rights should not be disheartened. Although from a legal perspective, the rights of disadvantaged groups should not be put to a referendum, public debate over the LGBT issue offers an opportunity for social dialogue, so that members of the public unfamiliar with the matter have a chance to observe and think about the predicament facing LGBT people.
Data show that 80 percent of Taiwanese voters under the age of 30 support marriage equality. These voters have a higher turnout rate and will keep voting for many years to come. This is a political force and hope that should not be underestimated.
Many politicians have long tried to avoid or downplay the issue of LGBT rights and failed to come up with policies.
Since the three referendum proposals have passed their initial review, voters should use this opportunity to demand that parties and candidates make their stance clear, and that mayoral and county commissioner candidates propose clear LGBT policies so that voters can see who they truly are.
Jiang Ho-ching is a doctoral candidate in anthropology at American University in Washington.
Translated by Eddy Chang
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