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LGBTQ rights in Taiwan
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LGBTQ rights in Taiwan
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of China (Taiwan) are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007.
The Executive Yuan first proposed the legal recognition of same-sex marriage in 2003; however, the bill received strong opposition at that time and was not voted on in the Legislative Yuan. 14 years later on 24 May 2017, the Judicial Yuan ruled that the existing marriage law was unconstitutional, and that same-sex couples should gain the right to marry. The court gave the Legislative Yuan a maximum of two years to either amend existing laws or enact laws to provide legal recognition of same-sex marriage. According to the court ruling, if it failed to do so by 24 May 2019, same-sex marriage would automatically become legal for the first time in Asia.
In November 2018, the Taiwanese electorate rejected same-sex marriage. In response, the government confirmed it would not amend the Civil Code but would instead prepare a separate law for same-sex couples. Following the same-sex marriage referendum, suicide hotlines reported a 40% surge in calls from LGBT individuals, particularly adolescents and young adults.
On 20 February 2019, a draft bill was published that would allow same-sex couples to establish a "permanent union of intimate and exclusive nature for the purpose of living a common life." The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review. The bill was passed on 17 May, and President Tsai Ing-wen signed it on 22 May, with the law taking effect on 24 May 2019.[citation needed] In 2023, same-sex couples were granted the right to adopt. In 2024, cross-strait couples were also granted the right to marry, subject to the same complex legal procedures as heterosexual couples.
The Taiwanese Civil Code defines marriage as a union between a man and a woman, and still contains many gender-specific terms like "husband and wife". The law governing assisted reproduction limits access to ART, including IVF, to legally married heterosexual couples and specifically excludes same-sex female couples and single women.
The first Taiwan Pride was held in Taipei in 2003. By 2015, when the event was attended by 80,000 participants, it had become the second-largest LGBT pride in Asia, behind Tel Aviv Pride in Israel. By 2019, attendance had grown to 170,000 participants. In 2022, Taiwan withdrew from hosting WorldPride 2025 due to dissatisfaction with the proposed event name, 'WorldPride Kaohsiung,' which was considered offensive by both the Taiwanese public and the government. As a result, the event was relocated to Washington, D.C., where it successfully took place under the name 'WorldPride Washington, D.C.' in June 2025.
Taiwan came under the control of the Qing in 1683 and its courts began to refer to the term ji jian (雞姦, sodomy) to apply to homosexual anal intercourse. Society began to emphasise strict obedience to the social order, which referred to a relationship between husband and wife. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. Though there were no records on the effectiveness of this decree, it was the first time homosexuality had been subject to legal proscription in China. The punishment, which included a month in prison and 100 heavy blows with heavy bamboo, was actually the lightest punishment which existed in the Qing legal system.
When Taiwan came under the Japanese rule in 1895, same-sex practices continued; however, there was a growing animosity towards these practices during the Meiji era. The practice of Nanshoku began to die out after the Russo-Japanese War. Opposition to homosexuality did not become firmly established in Japan until the 19th and 20th centuries, through the Westernization efforts of the Empire of Japan, although it was only criminalized between 1872 and 1881.
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LGBTQ rights in Taiwan
The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the Republic of China (Taiwan) are regarded as some of the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007.
The Executive Yuan first proposed the legal recognition of same-sex marriage in 2003; however, the bill received strong opposition at that time and was not voted on in the Legislative Yuan. 14 years later on 24 May 2017, the Judicial Yuan ruled that the existing marriage law was unconstitutional, and that same-sex couples should gain the right to marry. The court gave the Legislative Yuan a maximum of two years to either amend existing laws or enact laws to provide legal recognition of same-sex marriage. According to the court ruling, if it failed to do so by 24 May 2019, same-sex marriage would automatically become legal for the first time in Asia.
In November 2018, the Taiwanese electorate rejected same-sex marriage. In response, the government confirmed it would not amend the Civil Code but would instead prepare a separate law for same-sex couples. Following the same-sex marriage referendum, suicide hotlines reported a 40% surge in calls from LGBT individuals, particularly adolescents and young adults.
On 20 February 2019, a draft bill was published that would allow same-sex couples to establish a "permanent union of intimate and exclusive nature for the purpose of living a common life." The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review. The bill was passed on 17 May, and President Tsai Ing-wen signed it on 22 May, with the law taking effect on 24 May 2019.[citation needed] In 2023, same-sex couples were granted the right to adopt. In 2024, cross-strait couples were also granted the right to marry, subject to the same complex legal procedures as heterosexual couples.
The Taiwanese Civil Code defines marriage as a union between a man and a woman, and still contains many gender-specific terms like "husband and wife". The law governing assisted reproduction limits access to ART, including IVF, to legally married heterosexual couples and specifically excludes same-sex female couples and single women.
The first Taiwan Pride was held in Taipei in 2003. By 2015, when the event was attended by 80,000 participants, it had become the second-largest LGBT pride in Asia, behind Tel Aviv Pride in Israel. By 2019, attendance had grown to 170,000 participants. In 2022, Taiwan withdrew from hosting WorldPride 2025 due to dissatisfaction with the proposed event name, 'WorldPride Kaohsiung,' which was considered offensive by both the Taiwanese public and the government. As a result, the event was relocated to Washington, D.C., where it successfully took place under the name 'WorldPride Washington, D.C.' in June 2025.
Taiwan came under the control of the Qing in 1683 and its courts began to refer to the term ji jian (雞姦, sodomy) to apply to homosexual anal intercourse. Society began to emphasise strict obedience to the social order, which referred to a relationship between husband and wife. In 1740, an anti-homosexual decree was promulgated, defining voluntarily homosexual intercourse between adults as illegal. Though there were no records on the effectiveness of this decree, it was the first time homosexuality had been subject to legal proscription in China. The punishment, which included a month in prison and 100 heavy blows with heavy bamboo, was actually the lightest punishment which existed in the Qing legal system.
When Taiwan came under the Japanese rule in 1895, same-sex practices continued; however, there was a growing animosity towards these practices during the Meiji era. The practice of Nanshoku began to die out after the Russo-Japanese War. Opposition to homosexuality did not become firmly established in Japan until the 19th and 20th centuries, through the Westernization efforts of the Empire of Japan, although it was only criminalized between 1872 and 1881.