Evolving thoughts on the same-sex marriage bill

Metal star and Sexy Legislator Freddy Lim hands out rainbow flags with the New Power Party

Here's a quick recap of what's going on with the same-sex marriage bill (I'm sorry to say I can't call it marriage equality), which moved to the Legislative Yuan recently. 

From Facebook friend Michael Garber quoting Yahoo! News Taiwan (link in Chinese):


This morning, the draft marriage equality law, “The Enforcement Act of Judicial Yuan Interpretation No. 748” received enough votes in its first reading to skip committee and proceed straight to second reading.

Next, comes a month of inter-party deliberations, and then a final vote (I don't think the law will require a third reading).

All parties let their members vote as they please, and in spite of 5 DPP legislators voting against it, the bill had enough support to proceed.


Edited: I mentioned that NPP legislator Hung Tzu-yung didn't vote and wondered why. It turns out she's in the hospital about to give birth but does support the bill. Good reason, and good tidings to her!

There's also an anti-marriage equality bill that has very little support (it doesn't have the support of the KMT caucus whip). From Taiwan News:


Despite pleas from marriage equality opposition group Happiness of the Next Generation Alliance, Kuomintang legislators will not introduce a draft bill that would see same-sex unions defined as non-marital [ed: meaning that words such as 'marriage' would be reserved for opposite-sex couples, though same-sex couples would be able to form unions] during Tuesday’s legislative session.

The group called on the KMT caucus at the Legislative Yuan Monday to help put the proposal into action. Legislator John Wu (吳志揚) told CNA the party would not yet be introducing the bill as it has not been viewed by enough of the caucus, and opinions on same-sex marriage differ among members.

CNA reports the bill is still likely to make it to parliament on March 12, but not necessarily under the name of the party caucus.


What this means is that the Executive Yuan bill - the "Enforcement of 748" one - is moving more quickly than the legislation aimed at blocking it/shooting it down, and that the former seems to be better supported overall. The general sentiment, outside of the People First Party, is that they want this through and in effect as soon as possible (probably just as much to minimize its impact on the 2020 elections as to actually ensure that same-sex couples can marry as soon as possible, and surely to get it through before the May deadline when the civil code interpretation will change if nothing else is done.)

I've had a lot of thoughts spinning around in my head regarding the "Enforcement of Interpretation 748" bill on same-sex marriage, and still can't say my I support it with a full heart.

But I do want it to pass, and that's close enough. I think you should too.

The clearest reason is that the LGBT community is backing it, and if we straights want to be good allies, it would be smart to follow their lead. To prove my point, here's a post from a popular pro-
equality group, asking people to contact their legislator to ask them to support the bill:





Plus, I have it on very good authority (not revealing my source, but just trust me) that the Executive Yuan worked with LGBT groups to make sure they crafted something that the LGBT community could ultimately accept, while also trying to craft legislation with an apolitical title that wouldn't overly inflame or demonize conservative groups (it doesn't do the latter at all, though they took offense regardless).

So if the LGBT community can accept this, so can I. If they want it passed into law, so do I.

Second, conservative groups are so mad that the government did an end-run around their anti-gay rhetoric. And I love that. Their anger is a good measure of whether a bill is suitably progressive for the moment - if they like it, it's probably terrible. If it makes them mad, there must be something good about it.

Third, it provides a clear path forward, avoiding the mess that could ensue if we let the May 24th deadline pass with no law. It also renders impossible the chance that, if the DPP loses in 2020, that the KMT will appoint more conservative judges who may reverse the Grand Justices' decision. We need more than a court interpretation in place.

And finally, the more I think about the ways that the draft bill is unequal, the clearer it is that the Executive Yuan is basically telling LGBT groups, "we're putting this in here as an olive branch to anti-equality groups, because they sure do love to scream 'won't somebody think of the CHILDREN?!', but we know perfectly well that it doesn't line up with the spirit of interpretation 748, which specifically references equality. That means you can challenge it legally and you have a good chance of winning, as same-sex marriage becomes normalized in society in the meantime. Keep fighting!"

Basically, they're handing them a fighting chance while making it look like a concession, and that's just brilliant. Something tells me LGBT groups in the know are aware of this (no source; just my intuition).

So perhaps it's not time to celebrate just yet, because the fight will continue.

But we can support the path that LGBT groups have decided to accept, and hope that this law passes.