A domestic partnership law is a valid option for guaranteeing the legal rights of same-sex couples, a prominent human rights lawyer said, calling for dialogue and measures to assuage concerns of same-sex marriage opponents.
“Passing a separate law is not necessarily discriminatory, and the reality is that amendments to the Civil Code or a partnership law are both worthy of discussion,” Joseph Lin (林永頌) said on Thursday, citing the example of special laws aimed at protecting the rights of the elderly and disabled.
Whether to pass a domestic partnership law or directly amend the Civil Code’s definition of marriage has become a major point of contention as the Legislative Yuan considers the legalization of same-sex marriage.
Photo: Chang Chung-yi, Taipei Times
“The vast majority of people are heterosexual, forming pairs of a husband and wife, father and mother,” Lin said, adding that removing references to heterosexual pairings would be inappropriate regardless of whether the Civil Code was amended.
“If someone is born with just one leg, their rights should be protected, but that does not mean that they have the right to remove all reference to two legs,” he said, adding that homosexual advocates’ emphasis on symbolically removing references to heterosexual pairings is worrisome because it appears to reflect a wider agenda.
“The entire movement has taken a turn in the wrong direction,” he said, citing references in school textbooks to the “hegemonic” nature of heterosexuality. “I do not really care about the specific legal articles, but the problem is that you can’t separate the bills from what is going on in textbooks, because the same movement is behind both.”
“Homosexuals deserve full respect, but you should not seek to encourage children to become homosexuals,” he said. “If you are not clear about this and textbooks remain unchanged, why would someone choose to support you?”
Lin’s stance stands out, as he is one of the few prominent social advocates to have expressed reservations about proposed legalization, with an appearance on the Public Television Service program News Talk on Wednesday sparking controversy within the Judicial Reform Foundation he chairs.
Local media reported that some members threatened to leave after learning of his planned appearance, with the organization issuing a two-paragraph press release stating that it supports opening up the application of all marital rights to members of the lesbian, gay, bisexual and transgender community while “respecting” foundation members with different views.
Foundation executive secretary Lin Wei-ting (林瑋婷) said on Facebook that Lin is “unqualified” to continue as chairman.
Passing a separate partnership law without changing the legal definition of marriage would perpetuate oppressive labeling of homosexuals as abnormal, she said.
“Lawyers often look at same-sex marriage from the perspective of legal rights, but the issue is not just about equal rights,” she said. “This is a fight for recognition, and a fight for other people to affirm your culture and identity, which means you cannot avoid the issue of symbolic meaning. Those who have been labeled as abnormal in the past want to break apart previous distinctions.”
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