The legislature yesterday debated whether to legalize same-sex marriage or pass new partnership legislation during a second and final public hearing in Taipei, as thousands of same-sex marriage supporters rallied outside.
Thousands of protesters packed the section of Qingdao Road bordering the Legislative Yuan, waving rainbow flags and shouting rejections of any “discounting of human rights” as the hearing opened.
They demanded that amendments to the Civil Code be passed to include same-sex couples in the definition of a marriage rather than passing special legislation to grant partnership or marriage rights.
Photo: Lin Cheng-kung, Taipei Times
“Special legislation is just a political stalling tactic that refuses to treat homosexuals as ordinary people, providing a lower level of protection than amending the Civil Code,” said Tseng Chao-yuan (曾昭媛), a senior researcher at the Awakening Foundation. “A special law on this issue would be about treating us differently and giving us less, which is just discrimination.”
Only a handful of opponents of same-sex marriage gathered for a protest along Jinan Road, compared with the thousands who protested two weeks ago.
On Nov. 17, after a same-sex marriage bill passed the first reading, the legislative caucuses agreed to hold two public hearings before continuing deliberation of proposed amendments to the Civil Code, with both the Chinese Nationalist Party (KMT) and the Democratic Progressive Party (DPP) agreeing to complete the review by the end of the current legislative session.
Photo: David Chang, EPA
At the first hearing on Thursday, the idea of formulating a special law to legalize same-sex marriage was proposed.
Debates yesterday focused on the merits of Civil Code amendments versus the passage of a special law, with DPP caucus convener Ker Chien-ming (柯建銘) and KMT caucus convener Sufin Siluko (廖國棟) having voiced support for special legislation at the first hearing.
“A homosexual partnership act would strike the best balance between guaranteeing rights and minimizing the shock to society,” lawyer Qiu Pei-en (裘佩恩) said, adding that passing a partnership law would allow time to assess the potential effects of amending the Civil Code.
Photo: David Chang, EPA
“The Civil Code is a basic law, and inserting homosexual marriage is a huge project that should be handled cautiously,” Qiu added.
“I originally thought this would be a small matter, because some homosexuals are essentially saying they are willing to accept legal restrictions,” said Chen Yi-chien (陳宜倩), a law professor affiliated with Shih Hsin University’s Graduate Institute for Gender Studies, referring to the Criminal Code’s ban on adultery.
Any explicitly same-sex partnership or marriage law would likely be subject to constitutional challenges for being “separate, but not equal,” she said, echoing several speakers who compared drafting a new law with racial discrimination.
“I do not know whether a special marriage law or revisions to the Civil Code would be better suited to stopping discrimination against homosexuals, but a partnership law would be worthless,” said Chen Si-hao (陳思豪), a Taiwanese Presbyterian Church minister.
“Jesus said that God gives sunlight and rain to both good and bad people, giving even unrighteous people basic grace,” he said.
Hsu Mu-yan (許牧彥), a professor of scientific management and intellectual property at National Chengchi University and a Taiwanese Presbyterian Church elder, said that marriage was intended to prevent children being born outside of wedlock, who could compete with legitimate children for family property rights.
“If you want to be required to be sexually faithful to each other, we are very welcoming, and that is why we are willing to support a special law to help stabilize your partnership. However, such a partnership is not a marriage because there is no way you can have children together,” Hsu said.
“The reason I do not have children is because I am a lesbian and our nation forbids artificial insemination for unmarried people. My right to give birth has been taken away from me because I cannot get married,” Taiwan Alliance to Promote Civil Partnership Rights secretary-general Chien Chih-chieh (簡至潔) said.
A separate partnership or marriage law could create legal difficulties for transgender people who were in a partnership or marriage before deciding to swap identities, she said.
DPP caucus chief executive Wu Ping-jui (吳秉叡) said he was in favor of a same-sex marriage act instead of amendments to the Civil Code to allow the issue of blood relations between partners and their children to be addressed.
“If both partners are female, and one of them has a child, whether that child should be considered a blood relative of her partner or only a relative by marriage is a problem that needs to be addressed,” he said.
Additional reporting by CNA
RETHINK? The defense ministry and Navy Command Headquarters could take over the indigenous submarine project and change its production timeline, a source said Admiral Huang Shu-kuang’s (黃曙光) resignation as head of the Indigenous Submarine Program and as a member of the National Security Council could affect the production of submarines, a source said yesterday. Huang in a statement last night said he had decided to resign due to national security concerns while expressing the hope that it would put a stop to political wrangling that only undermines the advancement of the nation’s defense capabilities. Taiwan People’s Party Legislator Vivian Huang (黃珊珊) yesterday said that the admiral, her older brother, felt it was time for him to step down and that he had completed what he
Taiwan has experienced its most significant improvement in the QS World University Rankings by Subject, data provided on Sunday by international higher education analyst Quacquarelli Symonds (QS) showed. Compared with last year’s edition of the rankings, which measure academic excellence and influence, Taiwanese universities made great improvements in the H Index metric, which evaluates research productivity and its impact, with a notable 30 percent increase overall, QS said. Taiwanese universities also made notable progress in the Citations per Paper metric, which measures the impact of research, achieving a 13 percent increase. Taiwanese universities gained 10 percent in Academic Reputation, but declined 18 percent
BULLY TACTICS: Beijing has continued its incursions into Taiwan’s airspace even as Xi Jinping talked about Taiwan being part of the Chinese family and nation China should stop its coercion of Taiwan and respect mainstream public opinion in Taiwan about sovereignty if its expression of goodwill is genuine, the Ministry of Foreign Affairs (MOFA) said yesterday. Ministry spokesman Jeff Liu (劉永健) made the comment in response to media queries about a meeting between former president Ma Ying-jeou (馬英九) and Chinese President Xi Jinping (習近平) the previous day. Ma voiced support for the so-called “1992 consensus,” while Xi said that although the two sides of the Taiwan Strait have “different systems,” this does not change the fact that they are “part of the same country,” and that “external
UNDER DISCUSSION: The combatant command would integrate fast attack boat and anti-ship missile groups to defend waters closest to the coastline, a source said The military could establish a new combatant command as early as 2026, which would be tasked with defending Taiwan’s territorial waters 24 nautical miles (44.4km) from the nation’s coastline, a source familiar with the matter said yesterday. The new command, which would fall under the Naval Command Headquarters, would be led by a vice admiral and integrate existing fast attack boat and anti-ship missile groups, along with the Naval Maritime Surveillance and Reconnaissance Command, said the source, who asked to remain anonymous. It could be launched by 2026, but details are being discussed and no final timetable has been announced, the source