Gender/Sexuality Rights Association, Taiwan (G/S RAT)Will the President Make Good His Promise on Gay Rights?

By Josephine Ho (何春蕤) 2003.11.01

In 2001, the Ministry of Justice suddenly made an announcement that it had completed drafting the Human Rights Basic Laws which would take a positive position on gay families and gays adopting children. When the surprised media pursued the report, the Ministry further clarified that "forming gay families" did not equal "gay marriage," thus silencing discussions of gay rights to marry. The Executive Yuan then made public a recent poll result that showed the majority of Taiwanese did not accept gay marriages.

In July 2003, the Taiwanese government made a second announcement that the President’s Human Rights Consulting Committee had completed drafting the Human Rights Basic Laws. The Laws would include clauses that address gender and sexuality discriminations, in addition to gay marriages, families, adoptions, equal employment rights, etc. Soon after, the Ministry of Justice quickly announced that it objected to this version of Basic Rights because it was too far from reality to be implemented.

Then on Oct. 27th, 2003, the Executive Yuan made the announcement that it has combined the two previous versions and will complete the legislation process in Dec. As world media gleefully reported on the "legalization of gay marriages" in Taiwan, the government made no effort to clarify its position on gay marriages.

Gay groups are not fully thrilled in regard to this string of announcements, because they had already been disappointed many times before. Announcements concerning upcoming changes in gay-related legislation have become commonplace, but we have yet to see any real moves to change the relevant laws. The rosy picture painted by the Oct. 23rd announcement is all the more empty concerning Taiwan’s human rights record in relation to gay rights issues.

In reality, lesbians and gays in Taiwan still faces prejudice, hostility, and indifference, not to mention lack of recognition in legal terms. The Ministry of Education's Official Chinese Language Dictionary defines gays as "resulting from childhood gender identity problems" or "sexual aberrance," which remains unchanged even after protests by gay rights groups. In addition, improper raids on gay recreation spaces, confiscation of gay printed materials, and compulsory blood-testing at gay parties are still frequent. These blatantly discriminatory activities fly directly in the face of the government's claim of respecting and protecting gay rights.

When the Ministry of Justice brought up the draft for the Human Rights Basic Law in 2001, gay groups had expressed that the drafting of the Basic Law should not overlook the thousands of cases of discrimination against gays that abound in employment, education, and social participation. Yet, again in 2003, the newest announcement continued to narrowly understand gay rights as only related to forming nuclear families and adopting children. Considering existing discriminations against gays and lesbians and the government's records of half-hearted promises, local gay and lesbian groups are watching closely whether the president will make good his promise on gay rights this time. In the meantime, gay and lesbian groups will continue on their set course to further promote gay consciousness and gay rights in every part of life.