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Homosexuality was a foreign topic until 1900s; to the majority of people, eventually, due to an expanding number of individuals openly declaring their sexuality, people started to become familiar with the existence of such. Along with this rise in number, questions and controversial viewpoints regarding this subject also increased. According to, the Encyclopedia of Sex and Gender, Homosexuality is simply the quality of being sexually attracted to people of the same sex. However, to accurately represent those who are sexually oriented in different ways, much more specific terms are used. Lesbian, Gay, Bisexual, Transgender, and Queer are a few examples. The abbreviation LGBTQ is used as an umbrella term, referring to them as a whole (New York University).
Even at present, accepting the LGBTQ Community and giving them their right to live amongst the society as one, has been quite a debate amongst most individuals and approximately 165 countries (ABC News). Although the positive attitude shown towards them by open-minded people and supportive countries, the negative perspective of other persons and conservative countries, puts a strain on the LGBTQ community, as there seems to be no end to them being harassed for deviating from societys assumed norms. Thereby, this composition will concentrate on the LGBTQ Community of Taiwan, the first-ever country in Asia to legalize same-sex marriages, particularly focusing on the problems the LGBTQ dealt with, Taiwans motive to legalize, the result of the new law, and Asias point of view towards this matter.
Homosexual Discrimination
People tend to feel the constant need to fit into societys cultural regulations because failing to do so would expose them to being looked down upon by the public (Beyond Blue 2019). Such is a case most LGBTQ people face; unable to meet the convention of being male or female or retain the traditional ways men and women are recognized to be. This puts them under the pressure of being the bait of persecution. Regardless of the position where a country stands in terms of legalization; the community continues to face harassment and discrimination such as being refused employment at workplaces and being physically abused by biased people. (Beyond Blue 2019)
Societys Perception
Taiwan also known as the Republic of China (Breen et al., 2013, p.6), as the name suggests, adheres to the constitutional laws set by China, and also shares a similar culture. Dating back to the 1970s it was a traditional belief in the Chinese culture, that nuptials could take place only between the opposite genders (Hung, 2018). Due to most not deviating from their customs, and only a minute number of differently sexually oriented persons present in society, most people were not familiar with the term homosexual (Damm, 2005, p.68). It is said that the publication of the book Crystal Boys, by Pai Hsien-yung, was what initially educated most of Taiwan on male homosexuality (Huang, 2011, pg.2), and eventually, through other resources such as commercials (Tin 2008), the LGBTQ became known. This acquired knowledge was not widely accepted, and various factors may have influenced ones opinion. A study that was carried out on the attitude of nurses in Taiwan towards lesbian and gay individuals, clarified the point that certain factors contribute to how they would act towards minor sexualities. The results revealed that nurses who had worked longer and were religious were not in support of LGBTQ and did not show interest in providing care to people with different sexual and gender orientations. On the other hand, nurses who are related to homosexual people, and have higher degrees tended to provide more care to the LGBTQ and support those persons (Yen, et al, 2007). Taking into consideration these factors, we could further make clear that the previously mentioned point is valid, as there is distinct evidence proving the link. For example, nurses who owned higher degrees had positive attitudes towards the LGBTQ, speaking in general terms; more educated people are more likely to have an open mind. Facts like these contribute to the societys understanding and willingness to accept the LGBTQ, due to this reason it could be seen that with time, there has been an increase in tolerance towards this subject in Taiwan (Cheng, et al, 2016).
Religions Perspective
One of the major topics that influence ones opinion on homosexuality is religion. Taiwan is a country that is very liberal to different cultures and religions, thus embodying a nation of believers of diverse religions (Hays, 2015). It could be seen that 35.1% of Taiwanese follow Buddhism, 33.0% Taoism, and although not a religion but merely a way of life and an ancient ethical concept, Confucianism, is also pursued (World Population Review 2019; Scroope, 2016). Other minor religious ethnicities such as Christians and Muslims also make up the community (Hays, 2015).
The Buddhism that is practiced in Taiwan is known as Mahayana Buddhism (Chen 2011, pg 27). According to the monk Master Hsing Yuns writing about one of the basic texts of Mahayana Buddhism (Robinson, 2010), he states homosexuality is not misconduct and it is people need to learn to tolerate all sorts of human behaviors. In addition to that statement, an analysis of Buddhism and homosexuality (Silva, 2013; OBrien 2018), further clarifies that, due to the topic of homosexuality not being emphasized or explicitly mentioned in Buddhas discourses, it is interpreted that homosexuality can be taken into understanding the same way heterosexuality is. It has also been stated that certain acts, however, need to be avoided not because they are wrong in ethical terms, but rather for the reasons that these acts may lead to social disapproval or be a legal offense. Considering this point, it could be evaluated that, homosexuality, although itself not a violation of the principles of Buddhism, is yet a wrongdoing according to Taiwan, as it is a state of being that is disregarded by the society and a violation of the law. Taoism on the other hand, does not mention anything of expressing disapproval to people of different sexual orientations or preferences. A citizen was said to have stated that homosexuality is against Taoism, as it goes against the natural order of the world. To clarify the authenticity of this statement a question was posed to a well-renowned author of the genre Tao, to which he replied, that the subject of gender is not what Taoism looks into, instead, it is the spiritual nature of love and kindness that the religion focuses on, therefore it is no sin (Lin, 2014). The sacred texts of the Bible, followed by the Christians, condemn sexual acts between men while the Quran, clearly mentions that sexual activity between the genders of the same sex is forbidden (Hildebrandt, 2014).
On the whole, the conclusion that can be drawn is that not every person is pious, and religious concepts are not always considered when making decisions to support or go against the LGBTQ. In addition, most of the general public who lean toward being devoted to the customs of ones religion, has a level of tendency to misconceptualize the actual teachings of ones faith and may arrive at a faulty belief. Consequently, according to Taiwans religions, it could be seen that these religions are very much tolerant towards the LGBTQ community, and the impact religion has on shaping peoples thoughts is quite low, this leads to the interpretation that there are larger factors that contribute to the attitudes of the communitys judgment.
The Path to Legalisation
The LGBTQ movement began after the uplift of martial law, around the 1990s. Since then the LGBTQ community has been fighting for their rights, by trying to pass bills and hosting Pride events to give voice to their rights. The initial LGBT movement was the founding of the lesbian group, Between Us in the 1900s and thereafter in 1998 the first legally registered LGBTQ organization, called the Taiwan Tongzhi Hotline Association came into existence (Gil. D. L. 2013). The first gay parade was held in 2003 and since then Pride events have been held annually (gay star news), Taiwan is known to have held the largest Pride event in Asia as of October 27th, 2018 till date (nst.com).
Referendum
The battle to instill change in the marriage equality law had been a tough course as the LGBTQ community had to face many obstacles from the opposition crowd to successfully fulfill their objective. The first legal attempt to amend the law was in 2003 and the second in 2005, but unfortunately these proposals were rejected (gay star news). Despite the adverse response, the LGBTQ and the Democratic Progressive Party or DPP (a political party) continued to put forward bills, and some of these bills passed on the first reading. However, a bill needs to go through at least three readings before it can come into effect (foucustaiwan). This was a difficult task to achieve as there was always some sort of hindrance that prevented the bills from passing. The situation in 2012 is a perfect example of the previous statement; when the Taiwan Alliance to Promote Partnership Rights (an organization that seeks to provide people the rights and protection they deserve), proposed a draft requesting to amend the law on marriage, on behalf of the LGBTQ, it was passed by the judicial court in 2013. But the hopes of those who looked forward to the change were soon diminished, because the anti-LGBTQ groups spread videos about how sexually transmitted diseases could increase following the change, and organized mass rallies voicing out their disapproval in 2013 leading the court to question their consent (international Rocky).
In addition to bills, polls, and referendums were also conducted to take note of the publics opinion regarding same-sex marriages so that the Legislative Yuan of Taiwan could consider these votes when making a decision. Polls were held both privately and publicly and the results are as follows.
As for the results of the polls, the percentage of people who agree to the change in law can be seen to increase from the year 2012 to 2015, where 2015 has the highest voting for support. The increase in voting could be due to reasons such as more education regarding gender and equality and a higher percentage of voters belonging to the middle-aged category. This increase however takes a whole new turn in the polls held in the years 2016 and 2018, where a sudden decrease in supporters can be seen. According to (Taiwan. insight) Rich T. S. et al (2019), the explanation given for this sudden change is that the 2018 referendum was hosted by the political party Kuomintang of China (KMT) which is against the amendment of the marriage law. The measures that were taken by these anti-LGBTQ communities such as spreading negative information like family structure being distorted and how there will be an increase in HIV/ AIDS had a larger impact on individuals than the message that lacked clarity given by the DPP.
Establishing the New Law
Regardless of the referendums and public rallies that took place, on the 17th of May 2019, Taiwans Legislative Court passed the bill on same-sex marriage officially legalizing it and officially going into effect on the 24th of May 2019 (CNN). It is this very judicial triumph that the LGBTQ have been restless to achieve. As mentioned before the initiative to amend the law began in 2003 but only in 2017 did the court begin considering it. On the 24th of May 2017, the Constitutional Court gave a verdict stating that refusing two people of the same gender to marry violates their right to equality and their legal right to marry, thus paving the path to Taiwan being the first country in Asia to legalize same-sex marriage (Researchgate LGBT rights in Taiwan). Taiwans legislature was given a two-year deadline by which it must enact legislation to allow same-sex marriage (qz.com). This was completed by 2019, renewing the lives of the LGBTQ community, as they are now endowed with the freedom of marital fulfillment.
Impacts of Legalisation
Revolution
The revolutionary movement made by Taiwan has set an example to many other nations, as to how governing bodies of a country could always stand up for the minority, and consider referendums as means of public opinion, but not take action based on the choice of the majority especially if they are discriminatory (Knight K. 2019). This celebratory law has opened up new doors of freedom and opportunity. However, this decree only agrees to grant the LGBTQ the liberty of marriage and prohibits the Taiwanese from getting married to persons from foreign countries. In addition to that, they also have limited rights when it comes to adoption; same-sex couples can only adopt if the child is a biological offspring of one of the partners (Tang W. A. et al, 2019). These privileges not being granted to the LGBTQ does appear to be a little unjust, but it could be justified by understanding that allowing international marriage may lead to conflicts between countries if the countries have no law that approves of same-sex marriages. Also, the limitation of adoption, as stated by Professor Perreau B. could be vindicated by regarding his point of view in which he questions the action of adoption itself. He states;
Under the new legal regime, same-sex married couples will only have a limited access to adoption, that of the biological child of one of the spouses. The number of children available for adoption has indeed dramatically decreased worldwide over the past fifteen years. In this context, gay adoption is often regarded as competing with adoption by heterosexual parents. Also, the adoption of non-biological children raises an even broader question: isnt the family, whether based on biology or not, always already a choice? This viewpoint has major political consequences since the sense of belonging to a nation is itself based on metaphors of the family. This is why opening adoption of non-biological children to gay married couples can appear more unsettling than gay marriage itself!
This leads people to an understanding as to why the government may have limited their right to adoption.
Morality
Lesbian, gay, bisexual, transgender, and queer persons are known to have existed for decades. It is because most countries have been accepting this community, and schools have been educating the students about the minor genders and sexualities, that most people have come to know of them. Nonetheless, it could still be seen that, even though countries have come up with the decision to accept LGBTQ, most citizens of that nation are not too willing to treat them the same as they would heterosexual persons. The discussion of Taiwan fundamentally clarifies the same. Raising the question of morality, if Taiwans decision was the right movement made, we could argue that on one hand yes, as it complies with the right of humanity and fulfillment of their essential needs. On the other hand, the matter of, if this step, fully eradicates the biases, and discriminatory ways of people in its society, and if it ensures communal standards of living, remains open. Considering Taiwan, it could be stated that despite the enactment of the law, according to Lu J. (2019), LGBTQ individuals may still face judgment in their daily lives. Most people are still afraid to come out, and this again states that this law hasnt fully changed the minds of people, as minds are a structure that cannot be controlled by fellow beings. Also, this law doesnt promise equality, as the LGBTQ community does not hold certain liberties that heterosexual people are endowed with, such as adoption rights. Alternatively taking into account all of these, it could be concluded that despite the ethics of the situation, Taiwan has exemplified how to stand up for the minorities of a country, and this big step is a major lead that probably gives the LGBTQ communities all over the world hope to one day achieve this in their own countries.
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