A New Milestone for Same-Sex Marriage in Taiwan: Registration Opened for Cross-National Couples
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This article is part of the 45th issue of LEAP — Voices of Youth e-letter. Subscribe now.
”We are getting married!”
After the Lunar New Year, same-sex couples went to the household registration office to register their marriages. Among them were Siaosin and Sihsiang, a Taiwanese-Malaysian couple, who had been in a long-term relationship for about 9 years. However, in the past, they were unable to get married in Taiwan due to the incomprehensiveness of laws regarding the cross-national marriage of same-sex couples.
Earlier this year, the Executive Yuan issued an Explanatory Decree to further expand the legal scope of same-sex marriage in Taiwan. After years of waiting, Siaosin and Sihsiang finally registered their marriage, sealing their commitment on the island where they met.
Discrimination Against Different Nationalities
In 2017, the Constitutional Court of Taiwan announced J.Y. Interpretation №748, stating that provisions related to marriage in the Civil Code violated the constitutional protection of freedom and equality of marriage and that amendments or new laws were required. Two years later, the government announced the Act for Implementation of J.Y. Interpretation №748 (the Act) as the basis for same-sex marriage, making Taiwan the first country in Asia to legalize same-sex marriage.
The Act guarantees the marriage of same-sex couples in Taiwan and also allows foreigners from countries where same-sex marriage is legal to marry their Taiwanese partners in Taiwan. According to the Ministry of the Interior, as of the end of 2021, 7,187 same-sex couples have registered for marriage, including many cross-national same-sex couples, such as Taiwanese-American and Taiwanese-Australian couples.
However, according to the regulations at the time, if one’s partner came from a country that does not recognize same-sex marriage, the couple would not be able to register their marriage in Taiwan. For example, if a Taiwanese citizen’s partner came from Malaysia where same-sex marriage is not legal, they would not be able to get married in Taiwan. The Committee of the Control Yuan had previously issued an investigation report stating that more than 300 cross-national couples were unable to marry due to this — a form of institutional discrimination.
Key Rulings of Cross-National Same-Sex Marriages
The Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) has filed several appeals and lawsuits to help cross-national couples get married.
TAPCPR has represented four cases of cross-national same-sex marriage, including Taiwanese-Japanese and Taiwanese-Malaysian couples, and assisted several other cases. Even though some of these long-term couples had already gotten married in other countries, Taiwan did not recognize their marriage due to the lack of recognition of same-sex marriage in the foreign partner’s country.
Fortunately, these lawsuits represented by the TAPCPR have all been successful. The court adopted a public order and good morals clause in the legal system to exclude foreign laws that do not recognize same-sex marriages. As a result, the legality of such marriages in Taiwan could be officially recognized. After winning the lawsuit, Ariyoshi, a Japanese national, said, “When I realized that I could get married, it brought a ray of light into my life. I am really happy.” He and his Taiwanese partner, A-Shu, went through more than a year of legal battles before they could finally register their marriage.
However, these past rulings only applied to the individual cases at hand and could not be extended to other cross-national same-sex couples. After winning their case, a Taiwanese-Macanese same-sex couple called out to the government, “Marriage registration should be completed in the household registration office, not in court!” They urged the government to revise regulations and allow cross-national couples to obtain the right to marry without having to go through the hassle and hardships of a lawsuit.
Opening the Door for Cross-National Same-Sex Couples to Get Marry in Taiwan
After multiple court affirmations of the legality of registering cross-national same-sex marriages, the Executive Yuan revised its Explanatory Decree early this year, clarifying that even if a foreign country (with the exception of China and 18 other countries that require an entry interview) had not passed a law recognizing same-sex marriage, cross-national same-sex couples could register their marriage in Taiwan. This includes people from Hong Kong and Macau as well.
After the passing of the same-sex marriage bill followed by nearly four years of fighting, cross-national same-sex couples can finally marry in Taiwan. Although some same-sex couples with partners from certain countries still face obstacles registering for marriage in Taiwan, the TAPCPR has declared that they will continue to communicate with the government to push for full recognition of same-sex marriage and fight for the right of all cross-national couples to become legally recognized as spouses.
Also in This Issue: The Unfinished Journey of Cross-National Same-Sex Marriage: The Couples Being Excluded
Although the Explanatory Decree lifted most restrictions on cross-national same-sex marriage, some countries are still excluded.
Author : Emma Chiang
Freelance journalist exploring gender and public issues.
