LGBT Rights in Taiwan—The Interaction Between Movements and the Law

Abstract

On 24 May 2017, the world was impressed by the decision made by the Justices of the Constitutional Court in Taiwan regarding the constitutionality of the legal ban on same-sex marriages. The decision of the Constitutional Court concludes that denying the marriage of two persons of the same-sex violates both their right to equality and the constitutional right to marry. Although many factors such as Taiwan’s robust democracy, judicial activism, and commitment to constitutionalism may have contributed to this landmark judicial triumph, the existence of the most vibrant LGBT communities in its civil society must have paved the way for the progressive judicial and legislative atmosphere that finally led to this outcome. The constitutional and legal success in LGBT rights protection in Taiwan could not have been achieved without the long-term efforts made by LGBT activism. It is essential to determine how the LGBT rights movement in Taiwan affected and expedited the changes in legislation regarding LGBT rights. This chapter explores the development of LGBT rights in Taiwan from the perspective of the interaction between the LGBT rights movements and legislation. The discussion covers specific yet important issues, such as the destigmatization of same-sex sexual behavior, anti-discrimination based on sexual orientation and sexual identity in both education and employment, recognition of same-sex families, and the right to change legal gender identity, which are relevant concerns for human rights observers.