Same-sex marriage in Taiwan: voters reject court decision


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Three referendum questions raised by anti-equality groups in marriage were adopted, in contrast to those raised by same-sex advocates.

For example, the majority vote favored a question asking, "Do you agree that the rules of the Civil Code should limit marriage to a marriage between a man and a woman?"

Voters, for their part, rejected a question posed by LGBT activists asking whether the civil code rules on marriage "should be used to guarantee the right of same-sex couples to marry".

The acting director of Amnesty International in Taiwan, Annie Huang, described the result as "hard blow and setback for human rights" on the island.

"However, despite this setback, we remain confident that love and equality will ultimately prevail," Huang said in a statement. "The result should not be used as an excuse to further undermine the rights of LGBTI people, the Taiwanese government must take steps and take all necessary measures to ensure equality and dignity for all, regardless of nobody that people like. "

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The vote comes after the Taiwan High Court passed a resolution in May 2017, stating that it was unconstitutional to prohibit same-sex couples from getting married.

The decision was considered a rare beam of light in a region known for its repression of LGBT people.

The decision gave Taiwan legislators a two-year time limit to include marriage equality in the law, but the government stalled.

With the government stuck, Taiwanese conservatives were given the opportunity to use the recently revised referendum law – under which any suggested question requiring a minimum of 280,000 signatures must be put to the people – to block the marriage as well. sex.

Legal confusion

Saturday's results mean that the Taiwanese government could now be forced to enforce an already unconstitutional law.

To further complicate matters, there is widespread disagreement among legal experts as to whether the administration of President Tsai Ing-wen is mandated to promulgate the result.

Members of a pro-gay Christian group gather for media before the start of the gay pride parade in Taipei on October 27, 2018.

A legislator of the Progressive Democratic Party of the President told CNN that any positive result "should be adopted" in the next legislative session, but a legal expert insisted that "it is incumbent upon legislators" to know how they managed the result.

Suki Chung, Amnesty's regional campaign manager for Taiwan, said the result should not be used to undermine LGBT rights.

"The government must legislate for the equality of marriage by 2019 to comply with the decision of the Constitutional Court", Chung said on Twitter.

The director of Human Rights Watch's LGBT rights program, Graeme Reid, also called for the adoption of the law.

"A disappointing measure of public opinion in the # Taiwan referendum does not dispense lawmakers from enacting legislation – in line with the ruling of the Constitutional Court – allowing same-sex partners to marry," Reid tweeted.

LGBT crisis in Asia

Taiwan is home to one of the largest and most vibrant homosexual communities in Asia. Many of its citizens are very proud of the progressive values ​​that favor the LGBT community of the island. If he had approved same-sex marriage, he would have become the first place in Asia to do it.

Before the vote, Maya Wang, senior researcher at Human Rights Watch, said Taiwan was seen as a source of inspiration for LGBT rights activists.

"What is happening in Taiwan is generating a lot of enthusiasm in the region for LGBT activists, including those in mainland China and Hong Kong, where the possibility of legalizing it would legitimize pressure from other governments in the region," he said. she said. CNN.

Many of Taiwan's neighbors in Asia are regressing in their recognition of LGBT people.

In Indonesia, the decline of secularism has exacerbated discrimination against gay, lesbian and transgender communities in the country. Earlier this year, we even suggested a possible ban on homosexual relations in the country.

Indonesia is one of the most serious examples, but Malaysia and the Philippines are also following suit.

In September, two Malaysian women were publicly channeled for attempting to have sex in a parked car. This is the first time that a sanction of this type is imposed in the country.
In the Philippines, President Rodrigo Duterte said he would protect LGBT rights in the country, but shortly after, he launched one of his characteristic insults, calling an American ambassador "son of a gay bitch".
Never seen anything like this: The crackdown on LGBT people inside Indonesia
In mainland China, where homosexuality is legal but prejudice and discrimination against LGBT people persist under the Communist Party regime, an erotic fiction writer of the same sex was jailed for 10 years in November.

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Groups of gays and lesbians in Taiwan claimed that a stream of deliberate misinformation had been aired to confuse the public mind ahead of Saturday 's vote.

A campaign budget of more than $ 3.24 million would have been put together by the leading Conservative group, the Alliance for the Happiness of the Next Generation, whose ads appeared on billboards and on headlines.

On social media, rumors have circulated about what could happen in Taiwan if same – sex marriage became legal, including false reports that other countries that have passed the law have been banned. have regretted.

Ben Westcott of CNN, Angus Watson and Mimi Hsin Hsuan Sun contributed to this report.

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