| LGBT rights in the Republic of China | |
|---|---|
Republic of China free area |
|
| Same-sex sexual activity legal? | Legal |
| Gender identity/expression | - |
| Recognition of relationships |
No |
| Adoption | - |
| Military service | - |
| Discrimination protections | Sexual orientation protections (see below) |
The Republic of China (Taiwan) is one of Asia's most progressive countries as far as lesbian, gay, bisexual, transgender (LGBT) rights are concerned, not only since the government introduced same-sex marriage in 2003 (which stalled without passage), the first country in Asia to do so. The ROC is also described as the most liberal after approximately 25,000 attended the Taiwan Pride parade in 2009, making it the largest LGBT event in Asia.
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Adult, private, non-commercial and consensual same-sex sexual activity is legal in Taiwan.
The Constitution does not expressly mention sexual orientation or gender identity.
At the end of October 2003, the executive branch of the Republic of China government (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 and legislators and has been stalled since, and thus not voted on[1][2]. Currently the Republic of China does not have any form of same-sex unions. Should the law pass, the Republic of China would be the first country in Asia to permit same-sex marriage.
In 2007, the Republic of China legislature, the Legislative Yuan, passed legislation banning discrimination based on sexual orientation at work[3]. Discrimination against sexual orientation in education has been banned since 2003 through the Gender Equity Education Act. In March 2010, the Taiwanese Ministry of Education 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"[4]
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[5]. 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. However, the 2010 parade attracted 30,000 attendees and increasing media and political attention, highlighting the growing rate of acceptance in Taiwan. Since 2010, there has also been a pride parade in Kaohsiung, which attracted over 2,000 people.[6]
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.
On 17 January 2004, Taipei's police raided and arrested 93 gay men at a private orgy party, amidst allegations that they were using drugs. Many people in Taiwan were shocked by reports which revealed that nearly one-third of the attendees were HIV positive. These arrests received severe condemnation from the local gay community. This event is now known as the "HOMEPA" (Home Party) by the Taiwanese gay community.
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[7].
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