Despite its historic achievement, the Taiwanese same-sex marriage law passed in 2019 did not provide full legal equality. One glaring omission is the right of all transnational same-sex couples to lawfully marry.
We are the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) and, as the leading legal aid organization for LGBTI rights in Taiwan, started raising awareness and campaigning for the rights of transnational same-sex couples back in 2017. We also represented several clients to initiate relevant litigation in 2019.
Same-sex couples in which one partner is Taiwanese and the other is a foreign national of a country that does not yet recognize same-sex marriage are not permitted to marry, as per Article 46 of Taiwan’s “Act Governing the Choice of Law in Civil Matters Involving Foreign Elements” which is currently interpreted as prohibiting such marriages in Taiwan. We believe that this interpretation is illegal and unjust, and transnational same-sex couples have finally won two court cases this year! Nevertheless, the government still refuses to promptly modify its interpretation or to amend relevant laws and regulations. The Judicial Yuan has prepared a draft amendment of Article 46 of Taiwan’s “Act Governing the Choice of Law in Civil Matters Involving Foreign Elements” and sent it to the cabinet (Executive Yuan) back in January 2021, but the cabinet has not yet sent the bill to the Legislative Yuan (our parliament).
The threat of COVID-19 has made the situation of transnational same-sex partners even more precarious than usual. We need more people to stand with us in this fight for true marriage equality!
The Taiwan Alliance to Promote Civil Partnership Rights ("TAPCPR") was founded in 2009, and registered with the Ministry of the Interior in August 2012. We drafted three bills for “diverse family formation” in 2012, which laid the foundation for future legislation. In 2017, we represented Chi Chia-Wei and won the same-sex marriage case (“Judicial Yuan Interpretation No. 748”), making Taiwan the first country in Asia to legalize same-sex marriage in May 2019.
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Discovering the truth behind President Tsai Ing-wen’s thesis is the responsibility of intellectuals and the media. Six months ago, prosecutors sought to charge Professor Hwan C. Lin, Professor Ho De-fen, and Dr. Dennis Peng with defamation. It was the first time an acting president brought forth a lawsuit against scholars.
For two years, anyone who doubted Tsai Ing-wen’s thesis, or even questioned it, were ridiculed by the media and legally persecuted. But, aren’t government leaders in a democratic society obligated to have the authenticity of their credentials tested? Why does the opposite prevail in Taiwan? Why can a leader who has their credentials questioned forgo providing proof and can, instead, use the judicial system to suppress those that question them?
The hallmark of a dutiful scholar is how willing they are to uphold academic integrity. A desire to authenticate Tsai’s degree is a basic reaction for anyone who considers themselves part of the academic circle. However, after Tsai sought legal action against the three scholars, the public came to understand that “questioning Tsai’s degree will get you sued.” Such a precedent is an affront to academic integrity, and an insult to intellectuals everywhere.
Can Taiwan deem itself a proud democracy if its head of state is allowed to use privilege to elevate themselves their whole life, and then escape criticism when questioned? Can Taiwan say it’s the proud democracy it claims to be when judicial mechanisms are used to enact acts of academic fraud? Martial law has been abolished for decades, and yet this country still operates like a dictatorship. Today is about transitional justice in the academic realm. Transitional justice begins when we can face our mistakes. Here, justice begins when Tsai faces her own academic fraud.
Today’s press conference is about rallying the public to stand up against authoritarianism. We call on Tsai Ing-wen to do her duty as head of state and divulge the truth about her thesis. If she refuses to do so, then the other purpose of today is to reveal the evidence we have found that uncovers that truth.
It’s time the lies ended. We will hold a press conference at the Legislative Yuan tomorrow at 10:30 a.m. Eat News will broadcast the entire event live: https://www.eatnews.co.uk/video/20210909-1/
#DennisPeng #PengWengjen #HwanCLin #HoDefen #TsaiIngwen #LSEThesisGateScandal
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【同志驕傲月🏳️🌈 我台灣我驕傲】
6月是同志驕傲月,快去搜尋引擎查詢,有彩蛋 !!
同志驕傲月緣起自1969年6月的美國「石牆酒吧事件」,警方臨檢與同志發生流血衝突,而開啟了一系列同志族群爭取權益的序幕,因此也將6月視為 #同志驕傲月。
台灣🇹🇼自2003年起每年10月底舉行同志大遊行,至2019年成為 #亞洲第一個同性婚姻合法化的國家;2021年初司法院提出涉外民事法律適用法第46條修正草案,希望未來可以擴大與外籍人士結婚的適用範圍,進一步實現 #愛情沒有界線 的普世價值。
正如彩虹旗上的多元顏色,每個人都不同,都應獲得同等的人權與尊重,台灣正致力與理念友我相近國家共同努力,打造一個LGBTQI友善的環境,讓所有人都能以最真實的樣貌,驕傲自信地長大,勇敢的去愛、追求屬於自己的幸福。
June is #LGBTQIPrideMonth, commemorating the #StonewallRiots in the #US back in 1969. We’ve seen progress in many countries around the world since then in terms of the rights of LGBTQI+ citizens, including in Taiwan, which legalized #SameSexMarriage in 2019.
We continue to move forward with late February seeing the introduction of a draft bill from the Judicial Yuan which would remove certain restrictions applied to transnational same-sex marriages.
The law should not stop you from being who you really are or loving who you love. Taiwan is proud to be a pioneer in Asia in respecting #HumanRights. We hope that the people of this country can take pride in being themselves.
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