LGBT rights in Taiwan

Legality of same-sex sexual activity

Adult, private, non-commercial and consensual same-sex sexual activity is legal in Taiwan. Same-sex sexual activity has never been stated as a crime in Taiwan, unlike many Western countries.

Constitutional rights

The Constitution of the Republic of China does not expressly mention sexual orientation or gender identity.

The Article 7 of the Constitution mention that All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.

The Article 22 of the Constitution mention that All other freedoms and rights of the people that are not detrimental to social order or public welfare shall be guaranteed under the Constitution.

Recognition of same-sex relationships

At the end of October 2003, the Executive Yuan proposed legislation granting marriages and the right to adopt to same-sex couples under the Human Rights Basic Law; however it faced opposition among cabinet members (from Democratic Progressive Party) and legislators (controlled by Kuomintang-led Pan-blue coalition) and has been stalled since, and thus not voted on. Currently Taiwan does not have any form of same-sex unions.

In 2011, aiming to create awareness about same-sex marriage, about 80 lesbian couples held Taiwan's biggest same-sex wedding party, attracting about 1,000 friends, relatives and curious onlookers. In 2012, Taiwan's first same-sex Buddhist wedding was held for Fish Huang and her partner You Ya-ting, with Buddhist master Shih Chao-hui presiding over the ritual. In 2012, Chen Ching-hsueh and Kao Chih-Wei, the second Taiwanese same-sex couple to publicly get married, dropped the prolonged fight to have their marriage legally recognized. Lifelong activist Qi Jia-wei picked up Chen and Kao's fight to have their marriage recognized, presenting his case in the Taipei High Administrative Court for the first time in October. He cited unnamed intelligence sources to accuse Washington, Beijing and the Vatican of standing in the way.

On 22 December 2014, a proposed amendment to the Civil Code which would legalize same-sex marriage was due to go under review by the Judiciary Committee of Legislative Yuan. If the amendment passes the committee stage it will then be voted on at the plenary session of the Legislative Yuan in 2015. The amendment, which includes the marriage equality amendment, would insert neutral terms into the Civil Code replacing ones that imply heterosexual marriage, effectively legalizing same-sex marriage. It would also allow same-sex couples to adopt children. Yu Mei-nu of the Democratic Progressive Party (DPP), has expressed support for the amendment as have more than 20 other DPP lawmakers as well as two from the Taiwan Solidarity Union and one each from the Kuomintang and the People First Party. Taiwan would become the first country in Asia to legalize same-sex marriage if the Civil Code is amended. The bill failed in January 2016 as the Eighth Legislative Yuan ended.

In July 2016, some Taiwanese legislators announced that they would introduce a same-sex marriage bill in Parliament by the end of 2016. Additionally, Taiwanese President Tsai Ing-wen announced her support of same-sex marriage in November 2015. In October, two same-sex marriage bills were introduced in the Legislative Yuan.

Registration of same-sex couples

In May 2015, the special municipality of Kaohsiung announced a plan to allow same-sex couples to mark their partners in civil documents for reference purposes, although it would not be applicable to the healthcare sector; Taiwan LGBT Rights Advocacy, an NGO, criticized the plan as merely a measure to "make fun of" the community without having any substantive effect.

On 17 June 2015, the special municipality of Taipei became the second jurisdiction in Taiwan to implement a relationship register scheme for couples. Taichung followed suit in October 2015. Tainan and New Taipei opened registration for same-sex couples on 1 February 2016. On 1 March, the provincial city of Chiayi became the sixth jurisdiction in Taiwan to implement a relationship register. On 14 March, Taoyuan became the last special municipality of Taiwan to recognize same-sex couples. Both Changhua County and Hsinchu County implemented a relationship register on 1 April. On 20 May, Yilan County began allowing same-sex couples to register as partners. Chiayi County opened registration for same-sex couples on 20 October.

Discrimination protections

In 2007, the Legislative Yuan, passed legislation banning discrimination based on sexual orientation at work. Discrimination against sexual orientation in education has been banned since 2003 through the Gender Equity Education Act. In March 2010, the Ministry of Education of the Republic of China announced that, starting from 2011, school textbooks would include topics on LGBT human rights and non-discrimination. According to the Ministry, the reform seeks to "root out discrimination", since "students should be able to grow up happily in an environment of tolerance and respect"

Gender identity/expression

In 2002, transgender activist Tsai Ya-Ting unsuccessfully petitioned the Taiwanese President's office to allow her to use a photo that represented her actual appearance on her identification card.

In 2008, the Ministry of the Interior stipulated in an executive order that transgender and intersex people must undergo sex reassignment surgery in order to change their legal gender on personal documents.

In August 2013, the Taiwan Government gave the nod to the country's first public same-sex transgender marriage, after initially questioning the couple's gender.

Since January 2015, transgender persons in Taiwan no longer have to undergo surgery to change their legal gender.

Conversion therapy

On 13 May 2016, the Health Bureau of the Taichung City Government announced that medical institutions in Taichung are prohibited from engaging in conversion therapy. According to Shader Liu, a member of Taichung’s Gender Equality Committee, any group - medical, civil or religious - that practices the treatment is violating the Physicians Act and the Psychologists Act. Taichung’s committee is currently making a request to the Ministry of Health and Welfare to make the new rule applicable nationwide, so as to eliminate the practice.

On 30 December 2016, the Ministry of Health and Welfare announced that it will draft an amendment to the Physicians Act to make conversion therapy prohibited. The Taiwanese Society of Psychiatry and human rights groups recommended that conversion therapy be banned. Members of the public will have the opportunity to offer their opinions on the draft amendment for 60 days, after which the Ministry will issue regulations based on the draft. The earliest the new regulations will take effect is March 2017. According to the Physicians Act, doctors who engage in prohibited treatments are subject to fines of between NT$100,000 (US$3,095) to NT$500,000 (US$15,850) and may be suspended for one month to one year.

Military service

Lesbian, gay and bisexual people have been able to serve openly in the military since 2002.

LGBT life in Taiwan

In the 1970s, some novels regarding homosexuality were published. One of the most prominent writers is Pai Hsien-yung, who introduced gay characters in his novels, the most famous being Crystal Boys. More recently, some gay TV series and movies have been produced and have gained great attention among gay communities in both Taiwan and China. Examples include the TV series Crystal Boys, adapted from Pai Hsien-yung's novel by the same title, and the movie Formula 17.

On 1 November 2003, Taiwan Pride, the first gay pride parade in the Chinese-speaking world, was held in Taipei, with over 1,000 people attending. It has taken place annually since then, but still, many participants wear masks to hide their identity because homosexuality remains a social taboo in Taiwan (ROC). However, the 2010 parade attracted 30,000 attendees and increasing media and political attention, highlighting the growing rate of acceptance in Taiwan (ROC). Since 2010, there has also been a pride parade in Kaohsiung, which attracted over 2,000 people.

In the years 2004 to 2005, the Taiwanese director, Ang Lee, directed the gay Western film Brokeback Mountain, receiving high critical acclaim and Academy Awards.

"Spider Lilies," a lesbian film directed by Zero Chou, was screened at the 2007 Berlin International Film Festival. It won the Teddy Award for best gay feature film.

Public opinion

A poll of 6,439 adults released in April 2006 by the National Union of Taiwan Women's Association/Constitutional Reform Alliance concluded that 75% believe homosexual relations are acceptable, while 25% thought they were unacceptable.

A 2013 online poll showed that 53% of Taiwanese support same-sex marriage. According to the online poll 76% are in favor of equal rights for gays and lesbians.

In May 2015, PlanetRomeo, a LGBT social network, published its first Gay Happiness Index (GHI). Gay men from over 120 countries were asked about how they feel about society’s view on homosexuality, how they experience the way they are treated by other people and how satisfied they are with their lives. Taiwan was ranked 34th with a GHI score of 54.

A 2015 online poll showed that 59% of respondents approve legislation allowing same-sex couples to establish ‘marriage-like’ relations, with 71% supporting same-sex marriage.