Same-Sex Marriage Legislation in Taiwan and the Meaning of Democracy
By Xiaomei Sun, Yidong (Steven) Wang and Douglas M. McLeod
In recent years, research on LGBTQ+ movements has flourished around the world. Among the civil rights the LGBTQ+ community has been fighting for, same-sex marriage is one of the most controversial issues, which pits the demands for LGBTQ+ inclusion in mainstream social institutions against groups that defend traditional norms and values. Public debates over same-sex marriage have been multi-themed, intersecting with democracy, religion, culture, identity, and even national pride. Taiwan’s social movements for and against same-sex marriage legislation during 2016 and 2017 demonstrate how democratic values and traditional culture clash, affected by the global trend of advancing LGBTQ+ rights and the rising geopolitical tension between Taiwan and Mainland China.
In our research, we focused on the framing strategies in the mobilizing processes employed by proponents and opponents of same-sex marriage by conducting a mixed-method quantitative and qualitative analysis of advocacy groups’ Facebook posts. We found that proponents framed same-sex marriage as a human rights issue embedded as a significant part of the national movement for independence and supported by nationalistic sentiment, whereas opponents framed it as destroying traditional family values and threatening social order. Both sides elevated their endorsement of or opposition to same-sex marriage to the level of civic wellbeing in Taiwan. Ultimately, Taiwan’s Legislative Yuan passed the Act for Implementation of J. Y. Interpretation No. 748 in 2019, making Taiwan the first Asian country to grant marital rights to homosexual couples.
While our article focused on the framing strategies that were part of the dynamics of Taiwan’s legislative debate over same-sex marriage, this regional case should be understood in a global context. First, Taiwan’s legalization of same-sex marriage followed on the heels of similar changes to policy elsewhere in the world, such as the U.S. Supreme Court’s decision in Obergefell v. Hodges (2015), which struck down laws prohibiting same-sex marriage. Second, the successful mobilization of Taiwan’s same-sex marriage movement was facilitated by its appeal to nationalistic sentiments to signify democratic liberty and national independence in the context of rising geopolitical tension with Mainland China, which has been asserting sovereignty over Taiwan.
Since the legislation, Taiwan has recognized transnational same-sex couples with spouses from countries that prohibit same-sex marriage and granted the right of joint adoption to same-sex couples. The small island continues to demonstrate its commitment to LGBTQ+ rights and showcase its respect for democratic values. However, the controversy over same-sex marriage indeed invokes broader questions about the relationship between identity politics and democratic institutions in Taiwan and other nations. Both the proponents and opponents employ local, regional, and transnational visions of human rights, civic inclusion, and liberty to legitimize their causes.
We see the concurrent emergence of homophile and homophobic ideologies in a paradoxical manner, both of which appeal to democratic values. Pro-LGBTQ+ activists and politicians make a case for gay marriage as a universal human right that has fundamental democratic values in the ideals of equal treatment and multi-identitarian diversity. On the other hand, opponents of this view see the legalization of gay marriage as an example of government overreach that undermines personal freedom and erodes parental rights when official institutions, such as public schools, recognize gender and sexuality as diverse spectrums. In this sense, conflicts over marital rights also reveal concerns about what constitutes freedom and democracy.
Some anti-democratic rhetoric has weaponized opposition to LGBTQ+ rights to evoke heterosexist, patriarchal nationalism. Within the United States, whose citizens often hold up their country as a paragon of democracy, there has been growing opposition to LGBTQ+ rights among extreme right-wing partisans who support more authoritarian leadership to restore traditional values. These trends stand in contrast to the Taiwanese movement that advocated for same-sex marriage rights as a victory for freedom and democracy. In this case, we should resist the myopic conclusion that the Taiwanese were looking to the U.S. as a model of democracy and personal freedoms. Taking all of these factors into account, we might see attacks on LGBTQ+ rights as a “canary in a coal mine” regarding the rise of authoritarianism as a threat to democracy.
Article Details
National Independence Versus Traditional Culture: Framing the Same-Sex Marriage Movement and Countermovement in Taiwan
Xiaomei Sun, Yidong Steven Wang, and Douglas M. McLeod
First published online May 11, 2023
DOI: 10.1177/19401612231171265
The International Journal of Press/Politics
About the Authors
