Shifting Public Opinion in Different Cultural Contexts: Marriage Equality in Taiwan

The marriage equality movement in Taiwan has become one of the most closely followed human rights campaigns by both Taiwanese society and the international community alike over the past few years. Unlike former colonies of the British Empire like India that must first address the decriminalization process, Taiwan was fortunate enough to start its movement by raising visibility and awareness for LGBTQI+ community. After martial law was lifted in 1987, various social movements—including women's rights and LGBTQI+ rights movements—started gaining traction despite prevailing "traditional values" regarding the family, gender, and sexuality. The success of the campaign for marriage equality in Taiwan is the result of thirty years of continuous democratic development and social dialogue, thanks to the dedication of previous LGBTQI+ activists and individuals.

After the amendment bill to the Civil Code was proposed in 2016, 250,000 people rallied in support at the Marriage Equality Concert on December 10, International Human Rights Day, in the same year.¹ On May 24, 2017, the Constitutional Court announced Judiciary Yuan Interpretation No. 748, making Taiwan the first country in Asia to legalize same-sex marriage, a decision lauded by the international community.² The ruling is the manifestation of the vitality of Taiwanese civil society and an affirmation of Taiwan's commitment to upholding human rights.

The Coalition

The Marriage Equality Coalition of Taiwan brought the LGBTQI+ movement, once a relatively unknown aspect of Taiwanese civil society, from a marginal place to the forefront of public attention. The 2018 referendum further publicized the LGBTQI+ movement by printing the issue on the ballot, giving all members of civil society a right to express their opinions on the topic. The marriage equality campaign in Taiwan further amplified its national influence by uniting five prominent LGBTQI+ and gender equality organizations into the Marriage Equality Coalition of Taiwan. The Coalition trained more than one thousand volunteers in different cities on building local relationships through dialogue, and on lobbying the support of legislators from local constituencies. The Coalition was also the first to provide amicus curiae briefings by gathering expert opinions from different fields for the Constitutional Court's consideration. The final constitutional interpretation cited a significant amount of the expert opinions we submitted for the record, setting an unprecedented level of adoption of civic expert opinion by the Constitutional Court. The Coalition's rally for the gender equality movement was the largest rally since the lifting of martial law in Taiwan, with over 250,000 people in attendance. Success in these endeavors pushed Taiwanese civil society to become more tolerant and open to change, which has had a critical impact not only on our own country, but also on international civil society, particularly in Asian countries.

During the referenda, Premier Su Tsengchan took an active role in contributing to the marriage equality movement. Premier Su released videos which outlined the history of discrimination against ethnic minorities, using this example of injustice to explain the role of Executive Yuan in addressing such unlawful discrimination. Premier Su also supported the movement by drawing on his own experiences in coming to understand the LGBTQI+ community, imploring fellow Taiwanese citizens to confront the negative misconceptions surrounding homosexuality and to show respect and tolerance toward LGBTQI+ individuals.³ Sustained, culturally aware advocacy and support like this from distinguished members of Taiwanese civil society like Premier Su is crucial in the fight for true marriage equality.

LGBTQI+ Advocacy in a Conservative Society

This initial success of the Marriage Equality Campaign of Taiwan was met with an unprecedented level of backlash directed toward the country's LGBTQI+ movement. Two referendum campaigns were launched, with the first attacking the LGBTQI+ community and the second defending equality. During the campaign period, church networks circulated misinformation about the referendum and discriminatory messages toward LGBTQI+ individuals. Although Christian individuals only represent 5 to 7 percent of the population in Taiwan, conservative, anti-LGBTQI+ church groups have been gathering support through their opposition of gender equality curricula in schools since 2011.⁴ After the Gender Equity Education Act was proposed in 2004, the government began supporting the...