Taiwan has legalized same-sex marriage. Mainland China is not likely to do the same, says DW's Frank Sieren. But homophobia or prudishness are not the reasons why.
The move was controversial. Conservative and religious groups tried to sabotage the reform over and over again. And in November 2018, seven million voters rejected gay marriage in a non-binding referendum.
But the legislation that was eventually passed with the support of the president and her party confirms Taiwan's status as Asia's most LGBT-friendly state. Taiwan's Christopher Street Day Parade is the biggest of its kind in Asia.
Asia's first gay weddings take place in Taiwan
Taiwan's marriage equality took effect on Friday, allowing same-sex couples in the island to register marriages. It marks a historic day for Asia, as Taiwan becomes the first territory there to legalize same-sex unions.
Image: Reuters/R. Siu
A landmark ruling
Same-sex couples in Taiwan can now officially marry after the new law granting them full marriage rights came into effect on Friday, May 24. It was the culmination of a three-decade-long fight for equality. The wheels of marriage equality were set in motion in 2017 when the self-governing territory's constitutional court ruled in favor of same-sex marriage.
Image: Getty Images/AFP/S. Yeh
Waiting in line
Registry offices in Taipei were packed as hundereds of couples seized the earliest opportunity to tie the knot on the day the new law came into effect. Rainbow flags were
on display alongside stacks of government-issued, rainbow-themed registration forms.
Image: Getty Images/AFP/S. Yeh
Overcoming opposition
The constitutional court gave the government two years to enact relevant legislation. But after the court ruling, conservative groups initiated a series of referendums last year and voters overwhelmingly backed the notion of defining marriage purely as a union between a man and a woman.
Image: Reuters/T. Siu
A vanguard of gay rights
Polls show a majority of the Taiwanese population supports same-sex marriage. But the issue has also caused deep divisions on an island that remains staunchly conservative, especially outside of the cities and among the older generation. Still, Taiwan has a lively gay rights movement and is famed for an annual pride parade that showcases the vibrancy of its LGBT community.
Image: Getty Images/AFP/S. Yeh
Restrictions apply
Full parity on adoption rights, however, is not included in the law, which still contains restrictions on same-sex couples that are not faced by heterosexual couples. Gay rights groups say they are willing to accept partial equality for now in the hopes of winning later legal battles over issues such as adoption, surrogacy and marrying foreigners.
Image: Reuters/T. Siu
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Only heterosexuality is 'normal' in China
The situation is very different on mainland China, where homosexuality was only legalized in 1997 and removed from the official list of mental illnesses in 2001. Though there are gay dating apps in China, as well as bars, clubs, film festivals and law firms for the LGBT+ community in big cities, homosexuality is not accepted in mainstream society.
For many heterosexuals, homosexuals are considered to be "abnormal" or going through a "phase." There is advice for healing homosexuality in medical textbooks, with methods ranging from heterosexual marriage to highly controversial and harmful conversion or electroshock therapy. According to a United Nations study, only 5% of the LGBT+ community chooses to disclose their sexual orientation. However, this has less to do with the repressive state than with social and family pressure.
Most parents and grandparents think it is their children and grandchildren's duty to continue the family line. The one-child policy raised expectations even further.
There is also some discrimination against homosexuals because of a general fear of AIDS and lack of awareness.
Furthermore, although the law no longer criminalizes gay sex, it does not protect the LGBT+ community from discrimination.
Many people get married to hide the fact that they are gay from their parents.
The same year, without explanation, a new regulation came into effect banning the depiction of "abnormal sexual relationships" on the radio, on television, in films and on the internet.
Rape, incest and homosexuality were all lumped in together.
Talk shows and web series that explore LGBT+ themes were banned. The latest prominent victim of the censorship was the Oscar-winning film "Bohemian Rhapsody" about Freddie Mercury, the lead singer of the band Queen. In China, the film was three minutes shorter than the original version. And somewhat more confusing. Not only were explicit homoerotic scenes cut but dialogues referring to Mercury's feelings for men were too.
On the other hand, the fact that the film was shown at all in China — only about 30 foreign productions are screened per year — was seen by some as progress. But for Popo Fan, a Chinese LGBT+ filmmaker and activist who lives in Berlin, it was a failed attempt to show that China is cosmopolitan.
It is not because of prudishness or homophobia, like in Russia today or in China during the Cultural Revolution, that the government disapproves of such content. It propagates traditional family structures as part of the Core Socialist Values supposed to guarantee the state's stability.
China's population is aging. Despite the lifting of the one-child policy, the birthrate is dropping. At the same time, there is still no comprehensive scheme for taking care of seniors. Children and grandchildren are therefore partly responsible for social balance.
On top of this, the government fears all forms of criticism which could put its power into question especially if there is an impression that civil society groups are basing their work on that of foreign models. Even though LGBT+ activists are not arrested as a rule and have the right to assemble, there have been more incidents of discrimination in recent years.
There doesn't seem to be much concern on the part of the government that the developments in Taiwan will have a major impact on the mainland. An Fengshan, spokesman for China's policy-making Taiwan Affairs Office, said that they had "noted reports on the island" about same-sex marriage. But he added that "the mainland has a marriage system of one man, one woman."
Since Beijing sees Taiwan as a renegade province and seeks reunification on its own terms, the message is clear: This form of equal opportunities will only be temporary.
On the other hand, it might have to give in to pressure from Chinese society one day.
DW‘s Frank Sieren has been living in Beijing for over 20 years.
Countries that have legalized same-sex marriage
Ecuador became the latest country to allow same-sex marriage when its Constitutional Court ruled for two gay couples in June 2019. DW takes a look at some of the other countries that have taken the step.
Image: picture-alliance/ZUMA Wire/O. Messinger
2001, The Netherlands
The Netherlands was the first country in the world to permit same-sex marriages after the Dutch parliament voted for legalization in 2000. The mayor of Amsterdam, Job Cohen, wedded the first four same-sex couples at midnight on April 1, 2001 when the legislation came into effect. The new law also allowed same-sex couples to adopt children.
Image: picture-alliance/dpa/ANP/M. Antonisse
2003, Belgium
The Netherlands' neighbor, Belgium, followed the Dutch lead and legalized same-sex marriage two years later. The law gave same-sex partners many of the rights of their heterosexual counterparts. But unlike the Dutch, the Belgians did not initially allow same-sex couples to adopt children. The Belgian parliament passed a bill granting them that right three years later.
Image: picture-alliance/dpa/EPA/J. Warnand
2010, Argentina
Argentina became the first Latin American country to legalize same-sex marriages when its Senate voted 33 to 27 in favor of it in July 2010. Argentina thereby became the tenth country in the world to permit gay and lesbian marriages. The South American country was not the only one to do so in 2010. Earlier in the year, Portugal and Iceland also passed same-sex marriage legislation.
Image: picture-alliance/dpa/EPA/L. La Valle
2012, Denmark
Denmark's parliament overwhelmingly voted in favor of legalization in June 2012. The small Scandinavian country had made headlines before when it was the first country in the world to recognize civil partnerships for gay and lesbian couples in 1989. Same-sex couples had also enjoyed the right to adopt children since 2009.
Image: picture-alliance/CITYPRESS 24/H. Lundquist
2013, New Zealand
New Zealand became the 15th country worldwide and the first Asia-Pacific country to allow gay and lesbian marriages in 2013. The first couples were married on August 19. Lynley Bendall (left) and Ally Wanik (right) were among them when they exchanged vows on board an Air New Zealand flight from Queenstown to Auckland. France legalized same-sex marriage the same year.
Image: picture-alliance/dpa/EPA/Air New Zealand
2015, Ireland
Ireland made headlines in May 2015 when it became the first country in the world to legalize same-sex marriage through a referendum. Thousands of people celebrated in the streets of Dublin as the results came in showing almost two-thirds of voters opting for the measure.
Image: picture-alliance/dpa/EPA/A. Crawley
2015, USA
The White House was alight in the colors of the rainbow flag on June 26, 2015. Earlier, the US Supreme Court ruled 5 to 4 that the constitution guaranteed marriage equality, a verdict that paved the way for same-sex couples to be married across the country. The decision came 12 years after the Supreme Court ruled that laws criminalizing gay sex were unconstitutional.
Germany became the fifteenth European country to legalize gay and lesbian marriages in June 30, 2017. The bill passed by 393 to 226 in the Bundestag, with four abstentions. German Chancellor Angela Merkel voted against the bill, but paved the way for its passage when she said her party would be allowed to vote freely on the measure only days before the vote took place.
Image: picture-alliance/ZUMA Wire/O. Messinger
2017 - 2018, Australia
Following a postal survey which showed the majority of Australians were in favor of same-sex marriage, the country's parliament passed a law to legalize it in December 2017. As couples in Australia have to give authorities one month's notice of their nuptials, many of the first weddings took place just after midnight on January 9, 2018 - including that of Craig Burns and Luke Sullivan, pictured.
Image: Getty Images/AFP/P. Hamilton
2019, Taiwan
In May 2019, the island state became the first country in Asia to legalize same-sex marriage. The government survived an attempt by conservative opposition to water down the bill. Gay couples are able to offically register their marriage from May 24 onwards. President Tsai Ing-wen called it "a big step towards true equality."
Image: dapd
2019, Ecuador
The Andean state's top court ruled 5-4 to allow two gay couples to marry in June. The decision followed a ruling from the Inter-American Court on Human Rights affirming that countries should allow same-sex couples the right to marry.
