Tsai Ing-wen's Legacy on LGBTQ+ Issues in Taiwan
As Tsai Ing-wen's tenure as Taiwan's president comes to an end, TaiwanPlus reflects on her administration's contributions to pushing for the rights of the LGBTQ+ community, including making Taiwan the first country in Asia to legalize same-sex marriage.
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00:00 (crowd cheering)
00:02 Just a presidential hopeful at the time,
00:05 Tsai Ing-wen declares her support for same-sex marriage
00:08 in a video ahead of the 2016 general election.
00:11 (speaking in foreign language)
00:15 (crowd cheering)
00:24 Tsai went on to win that election,
00:29 beginning the most progressive era for LGBTQ+ rights
00:33 in Taiwan's history.
00:34 (speaking in foreign language)
00:38 The Tsai administration wasn't the first
00:40 to propose queer-friendly legislation.
00:42 Bills and amendments put forward
00:43 by her Democratic Progressive Party, or DPP,
00:46 had stalled and failed on several occasions before.
00:49 (speaking in foreign language)
00:51 But pro-LGBTQ+ politicians quickly got to work
00:55 after the 2016 change in government.
00:57 (speaking in foreign language)
01:01 During its first year, the Tsai administration
01:14 also appointed Audrey Tung to a ministerial position,
01:17 the first openly trans person
01:19 to hold a spot in the executive cabinet.
01:22 The health ministry also banned conversion therapy.
01:26 (crowd cheering)
01:28 Then in spring 2017, veteran activist Chi Jiao-wei
01:32 took Taiwan's constitution to court.
01:35 (speaking in foreign language)
01:38 Chi's and other cases got the ball moving,
01:49 though marriage equality bills
01:50 faced fierce opposition in government,
01:53 leading to a referendum at the end of 2018
01:56 that revealed a more conservative
01:58 public attitude than expected.
02:00 (speaking in foreign language)
02:04 Taiwan's people voted against changing
02:19 the definition of marriage in the civil code,
02:21 but did agree to protections for same-sex couples
02:24 through other legal means.
02:26 - The results of a referendum is a discussion
02:29 about in what way should we amend the law.
02:32 So at the end, the government just have to obey
02:36 the referendum and to provide a separate law
02:39 rather than to amend our civil code.
02:41 (speaking in foreign language)
02:43 (crowd cheering)
02:44 - In May 2019, that separate law paved the way for Taiwan
02:49 to become the first country in Asia
02:51 to legalize same-sex marriage.
02:53 (crowd cheering)
02:55 (speaking in foreign language)
02:59 But that separate law wasn't made equal.
03:08 Some same-sex partners with different nationalities
03:11 still couldn't marry or have the same adoption rights
03:14 as heterosexual couples.
03:16 - Co-adoption is another issue
03:18 because according to the law,
03:20 it secured the marriage relation between two people,
03:24 but not necessarily of their children.
03:27 - But in 2023, after years of advocacy,
03:31 full adoption rights were given to same-sex couples.
03:34 And then DPP Premier Su Zhengchang announced
03:37 all couples could wed regardless of nationality,
03:40 except if they're from China.
03:42 There's been progress for the trans community too.
03:46 Since 2021, trans people no longer need proof of surgery
03:49 to legally change their gender.
03:51 Though rights groups say transgender people
03:54 still face systematic discrimination in Taiwan.
03:57 - Taiwan is still suffering from binary gender system
04:01 in daily life, in the workplace, in house care settings.
04:05 - And activists say there are also other issues
04:08 that need addressing.
04:09 - The rights to use reproductive technology
04:13 and also surrogacy and also transnational marriage
04:17 between Taiwanese and Chinese.
04:20 For gay men in Taiwan, we still cannot do blood donation.
04:25 - And LGBTQ+ representation in politics
04:29 has been underwhelming.
04:30 - But in terms of the politician,
04:32 the LGBT community participate in politics,
04:36 the percentage actually was quite low.
04:40 And right now we only have, I think, two to three.
04:44 - But with Tai's VP, Lai Ching-de,
04:48 who is now a vocal supporter of LGBTQ+ rights,
04:52 about to take the reins,
04:53 he looks set to continue the momentum already built.
05:08 So as Tai's final term as president comes to an end
05:11 and the country reflects on her tenure,
05:14 progress for LGBTQ+ rights will be one of the highlights
05:18 of her administration's legacy.
05:20 Dolphin Chen and Rhys Ayres for Taiwan Plus.
05:23 (crowd chanting)
05:25 (laughing)