SNA (Kobe) — Although it usually hits the global headlines due to tensions with mainland China, Taiwan is also known for its relatively progressive stance on LGBT issues, which in turn is not unrelated to its government strategies.

On May 17, 2019, Taiwan became the first regime in Asia to legalize same-sex marriage, cementing its reputation as the most accommodating in the region to LGBT rights. For many Asian LGBT activist groups, Taiwan has become the shining beacon on the hill.

The landmark court ruling contrasted with mainland Chinese policies, which restrict LGBT rights and even censor online references to homosexuality, arguing that it falls outside of “correct marriage views and ethics.”

After the legalization of same-sex marriage, Taiwan President Tsai Ing-wen voiced her support, tweeting: “Good morning #Taiwan. Today, we have a chance to make history and show the world that progressive values can take root in an East Asian society.”

After fifty years of dominance by the Nationalist Party (KMT), the Democratic Progressive Party (DPP) rose to power in 2000. As author Elaine Jeffreys and Pan Wang explained in their 2018 book Pathways to Legalizing Same-Sex Marriage in China and Taiwan, the DPP “has developed a strong political identity as a party that is committed to realizing an economically prosperous, cosmopolitan, liberal and independent Taiwan. The DPP is a member of Liberal International, a founding member of the Council of Asian Liberals and Democrats, and has represented Taiwan at numerous related international forums. Its leading members are also relatively young and often overseas-trained professionals. As such, the DPP has supported lobbying by domestic gender and LGBT organizations, including demands for marriage equality.”

Taiwan’s significant support for LGBT rights may also be related to the DPP’s desire for a more independent Taiwan. Jeffreys and Wang argue that, through its advocacy of marriage equality, the DPP appeals to a wide range of foreign organizations and NGOs. By showcasing Taiwan’s willingness to promote human rights, the DPP can further differentiate Taiwan from mainland China.

This is not a new strategy for the party. During the administration of Chen Shui-bian (2000-2008), Taiwan actively attempted to differentiate itself from the People’s Republic by ratifying various United Nations human rights treaties and pursuing more socially progressive policies.

Nevertheless, the true depth of DPP support for LGBT rights is unclear, and opinions differ within its coalition.

In this context, some LGBT activists argue that, despite the progress, the Tsai administration has not gone far enough. For example, when same-sex marriage was legalized in Taiwan, two crucial rights were excluded—the ability of same-sex couples to adopt children and the right to marry foreign nationals, except for a list of about thirty countries. The DPP intentionally omitted these two components to appease the more conservative wing of the party. As such, same-sex couples are still fighting for equal rights with heterosexual couples years after the legalization of same-sex marriage.

In regard to adoption, both Tsai and her party remain hesitant to grant rights. As Isabella Steger wrote in a 2019 Quartz article, “many have criticized [President Tsai Ing-wen] and the ruling Democratic Progressive Party for not proactively enacting legislation, for fear of alienating voters.” Three years later, same-sex couples remain unable to adopt children who unrelated to either parent. Tsai herself has been silent on this issue.

Polls show that nearly 70% of Taiwanese support adoption rights for same-sex couples, so the Tsai administration’s approach seems overly cautious.

Most multinational couples are still ineligible to wed in Taiwan. The DPP has cited “national security” as the main reason. But this argument does not hold up well under scrutiny. For example, if same-sex marriages with foreign nationals poses a threat to national security, wouldn’t this be equally true for heterosexual marriages between Taiwanese and foreigners? Why would a same-sex marriage pose any additional risk?

Despite these shortcomings, it is certainly the case that Taipei has progressed further than any other Asian government in recognizing and promoting the rights of sexual minorities, and in the process has enhanced respect for the island among Western nations.

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