What it meant to be an ally when Taiwan became the first Asian country to legalize same-sex marriage

I wrote a longer reflection yesterday in which I wandered through many thoughts and emotions on yesterday's historic legislation. For this post, I want to highlight one thing that I think is important when you support an issue or social movement, but aren't a part of the group that that movement affects most deeply. That is, I want to talk about what it meant to be an ally standing in the crowd yesterday (yes, there is a little repetition between the two posts). Let's start here:

The level of civic engagement continues to impress me so much, and proves that Taiwan cannot be grouped so easily as a stereotypical 'Confucian', 'collectivist' society with wholly conservative values. It may be true that many young Taiwanese won't engage with their more conservative elders on these issues, but it's not true that they won't find other ways to oppose the old order of unfairness and inequality and a million -isms and phobia that those elders represent.

One of the arguments of the anti-gay camp is that ideas like marriage equality are 'Western' or 'foreign' and go against Taiwan's 'traditional culture' (they say 'Chinese' but I won't.) You know, all that Confucianism and collectivism and filial piety and what not. It's not that those aren't real facets of the culture, it's just that the whole culture cannot be reduced to them, nor can the actions or beliefs of any individual be explained wholly through them. People are not slaves to whatever aspect of their culture someone has decided explains their motives, and culture isn't static anyhow. 20 years ago you could have said the same thing about American culture. 

Of course equal rights have been a part of Taiwanese culture for some time now, and there is no incompatibility with Taiwanese culture (any incompatibility which seems to exist has been invented for political purposes).

So it really mattered that the people in the front rows and on stage, the crowds on camera were overwhelmingly Taiwanese. If 'marriage equality' is not compatible with 'Taiwanese culture', what were all those people who are Taiwanese and exist within a Taiwanese cultural milieu doing there?

Or as President of Taiwan and my current crush Tsai Ing-wen put it:

Good morning #Taiwan. Today, we have a chance to make history & show the world that progressive values can take root in an East Asian society.

Today, we can show the world that #LoveWins. pic.twitter.com/PCPZCTi87M

— 蔡英文 Tsai Ing-wen (@iingwen) May 17, 2019

This movement was started by Taiwanese, carried by Taiwanese and the success they brought about yesterday was done by Taiwanese. There was no 'Western infiltration' about it. (In fact, the anti-gay side is the one that had to look to the West to figure out how to spread its hate, bringing in foreigners like Katy Faust to speak against equality and justice.)

It's important to keep repeating this, because that same opposition keeps accusing the pro-equality movement of doing the same, when it emphatically has not. The side that stands for equality has allies who stand with them. The side that stands against equality has foreign actors trying to help manipulate a certain outcome in Taiwan. And they are the ones who invented that 'goes against traditional Taiwanese culture' nonsense.

Marriage has meant many things in Taiwan over the centuries, including plural marriage, family-alliance marriage (that is, not love marriage) and marriage to ghosts. In China, there is a clear cultural tradition of homosexuality (at least among the upper classes).

It's actually a reductive neo-essentialist perspective - which is inherently Western - which turns so-called 'traditional values' into culturally static and immutable obstacles, a view one tends to take of cultural facets viewed from afar without full understanding. That almost every young person in Taiwan is pro-equality and yet still just as Taiwanese as their grandparents, however, shows that this outsider essentialist view of Taiwan is wrong. 

As an American who was in Taiwan for most of the culmination of the marriage equality movement in the US and so unable to participate (again as an ally - I'm straight and cis), it felt important to be a part of the support to make it happen in Taiwan, because it's my home. I have a place here too. What happens in Taiwan affects me.

And that place was being part of the crowd. Not onstage like a reverse Katy Faust, not a key part of the movement or even vital to it, but a participant who adds her physical presence to the movement. Foreigners were there lending their support too, but it's Taiwanese who led this, Taiwanese who made up the majority of that crowd, and Taiwanese who won. We just stood by them, and that was a meaningful place to be.

As an ally, I've reconsidered my own feelings on the Executive Yuan bill which passed yesterday - after being initially upset and disappointed, it became clear that Taiwanese LGBT groups and the local LGBT community were supporting it, and to be a good ally, I should follow their lead.

Let's stop telling Taiwan what its culture is, while we're at it. Let's quit it with the "but Taiwan is like this" or "Taiwan can't do that, because culture and reasons" or "but Taiwan is so Confucian and collectivist". Pish. Instead, let's be allies and let them tell us. 


It's a humbling, meaningful and impactful place to be. I recommend trying it. 

The sky is brightening: personal reflections on Taiwan recognizing same-sex marriage rights

During the Sunflower Movement, Taiwanese rock band Fire Extinguisher sang that "the sky is brightening" (“天色漸漸光”）in their hit song "Island Sunrise".

Five years later, as several thousand people or more stood outside the legislature for hours in the pouring rain, clad in damp rainbow gear under beleaguered umbrellas to watch legislative proceedings on same-sex marriage, the sky brightened again, both literally and figuratively.

First, a rundown of how the legislative proceedings went (for a summary of goings-on at the rally, check out New Bloom, and here's my summary of what's happened over the past few weeks). The morning was a bit chaotic, with proceedings kicking off late, and every legislator being given three minutes to voice their opinion, time which many (though not all) legislators took. Freddy Lim and You Mei-nu spoke particularly articulately in favor of equality, while anti-equality legislators, as usual, voiced concerns that defied logic. These "concerns" included points such as "if we pass this, then referendums have no meaning!" (when the reason why this bill creates a separate law rather than changing the civil code is due to the referendum results) and questioning whether the legislature actually had to listen to the court (...uh, yes).



Then the Executive Yuan bill went through a line-by-line reading and passed every article in turn, with some 'controversial' amendments. The crowd cheered and proclaimed victory as Article 4, which specifically uses the term 'marriage' in relation to same-sex unions, passed with a narrow majority of 66 votes. Reviews continued into the afternoon as legislators skipped lunch. Notably, KMT legislators Jason Hsu and Chiang Wan-an voted for it, with DPP anti-gay legislator Lin Tai-hua voting against.

At that point, I was curled up under my rainbow umbrella with my butt perched on a rain-drenched half-wall outside an entrance to NTU Hospital. I was shunted with much of the crowd to Jinan Road, as the main rally on Qingdao Road was at capacity. Around me, scores of young Taiwanese were following live feeds on their phones of the legislative proceedings nearby (a jumbo screen on Qingdao Road had a live feed for people on that side).




I ran into a friend and we grabbed coffee together as the review dragged. The rain continued to pummel the attendees still outside the legislature. But you know what? Most of them stayed. Hours it dragged on, and let's be honest, legislative proceedings are kind of boring. Connectivity was awful. Everyone was soaked despite having umbrellas and rain ponchos. There was nowhere to sit. But they stayed - thousands, maybe tens of thousands - to watch legislation drag on together on a screen most of them couldn't actually see.

By the time I made it back to the legislature, the rain let up. The sky brightened.




A few more controversial things happened - a last-minute motion by the NPP to deal with the international marriage issue (so that foreign nationals from countries that don't recognize marriage equality would be able to marry their same-sex Taiwanese partners) failed, with the entire DPP voting against it...for no good reason. The clause that would allow people to adopt the biological children of their same-sex spouse, but not to jointly adopt an unrelated child, remained in place (with no changes to the lack of access to fertility treatments for same-sex couples, and no surrogacy services in Taiwan).


\


But the sky brightened nonetheless. The proceedings dragged on. The people stayed as the rain dissipated and the sun came out, turning puddles of cool rainwater into humid vapor. I ran into another friend and we stood on the now somewhat-less crowded Qingdao Road, steaming in our clothes as the final articles passed review, and hopeful young activists clad in rainbows counted down each one.





Then it was time for the final countdown - the vote on the overall bill. A flawed bill that does not grant true marriage equality, but a form of same-sex marriage (using the word "marriage") nonetheless. When it passed, the crowd erupted. Some screamed, some cried. The sun shone bright as Taiwan became the first country in Asia to give same-sex couples access to their right to marry: a massive shift in the mood and the weather from morning to afternoon.

The wait from the beginning of the session until the final vote was about 6 hours - approximately 10am to 4pm. But those activists had been standing in the metaphorical rain for far longer than that. The battle for same-sex marriage in Taiwan has been shorter than in many other countries: it wasn't  an issue being discussed widely just 5 years ago, when the sky brightened for the Sunflowers (though dedicated activists had been working on it in smaller numbers for some time prior to that). The fight, however, was as vicious and all-consuming as this morning's rain, and it's not over yet.






All I can say is that I am just so impressed with Taiwan today. If you thought the dedication of the Sunflowers was a thing of the past, I submit humbly that it continues in a different form, through a different kind of adversity.

I don't imagine there are many countries that would end a marriage equality rally with a performance by a black metal band, as Taiwan did. I don't think there are many where 10,000 or more people would stand resolutely and unflinchingly in the soaking rain just to be physically present for an interminable legislative session. The level of civic engagement continues to impress me so much, and proves that Taiwan cannot be grouped so easily as a stereotypical 'Confucian', 'collectivist' society with wholly conservative values. It may be true that many young Taiwanese won't engage with their more conservative elders on these issues, but it's not true that they won't find other ways to oppose the old order of unfairness and inequality and a million -isms and phobia that those elders represent.

One of the arguments of the anti-gay camp is that ideas like marriage equality are 'Western' or 'foreign' and go against Taiwan's 'traditional culture' (they say 'Chinese' but I won't.) 

But of course equal rights have been a part of Taiwanese culture for some time now, and there is no incompatibility with Taiwanese culture (any incompatibility which seems to exist has been invented for political purposes). 

So it really mattered that the people in the front rows and on stage, the crowds on camera were overwhelmingly Taiwanese. This movement was started by Taiwanese, carried by Taiwanese and the success they brought about yesterday was done by Taiwanese. There was no 'Western infiltration' about it. (In fact, the anti-gay side is the one that had to look to the West to figure out how to spread its hate, bringing in foreigners like Katy Faust to speak against equality and justice.) It's important to keep repeating this, because that same opposition keeps accusing the pro-equality movement of doing the same, when it emphatically has not. 


As an American who was in Taiwan for most of the culmination of the marriage equality movement in the US and so unable to participate, it felt important to be a part of the support to make it happen in Taiwan, because it's my home. I have a place here too. And that place was being part of the crowd. Not onstage like a reverse Katy Faust, not a key part of the movement or even vital to it, but a participant who adds her physical presence to the crowd.

And it may be true that the DPP will suffer for this in 2020, but somehow I doubt it. They may lose, but I don't think it will be because of this. That they managed to get it through despite absolutely vicious opposition might just win back the young voters who were talking about abandoning them. Besides, people talk about the 2018 KMT sweep as though it had anything to do with conservative 'family values', when it didn't. It was about local governance - and we know that because the NPP drastically expanded its electoral reach despite being wholly pro-equality. They would have suffered the way the DPP did if marriage equality were truly the wedge issue that opponents and pessimists say it is. Most likely scenario? By 2020 same-sex marriage will be normalized, and no longer an issue for the DPP. After all, something had to be done after the 2017 ruling. Best-case scenario? This will actually work in their favor as the progressives who were disenchanted with them come running back.

Besides, in every country where same-sex marriage or marriage equality has been passed, it has simply ceased to be an issue (unlike, say, abortion, which remains contentious in the US because some people hate women.) The party that passed it has generally not suffered electoral losses as a result, as people learn fairly quickly that their gay fellow citizens are indeed normal human beings who deserve equal rights and what was all the fuss about anyway? I can't imagine Taiwan wouldn't go the same way.

And if you think this has nothing to do with the spirit of the Sunflowers, this guy is here to tell you
that you are wrong. And he wasn't the only one. 

If they do lose in 2020 over this, then they will have stood for what was right in the face of a tyrannical, hateful majority. True liberal progressives won't forget that, and it will come back to them someday. It would be sad to see if that's the case, but the solution could never have been for them simply not to stand for what was right.

As a Facebook friend posted regarding the anti-equality referendum result last year (kept anonymous as the post is not public:

"And yet, the government went ahead with the law. Why? Well, this is what distinguishes democracy from populism. Democracy is not merely about majority voting: it is also about adhering to basic principles protecting minorities from the tyranny of the majority."

But they did, and the future leaders of Taiwan did as well. We stood in the rain for hours...for years.

The fight for full equality is not over, but the sky is brighter now, and the future is too. 

Come support marriage equality this Friday!

This Friday morning - that's May 17 - the Legislature will vote on the three 'same sex marriage' (not marriage equality) bills currently under consideration. People I know are saying that the Executive Yuan's bill - that is, the least bad of the three - will come up for a vote first, as it was introduced first. If it passes, the other two get thrown out. There was some attempt to 'reconcile' the three bills into one thing the Legislature could vote on, but that, uh, didn't happen, because one side keeps stating facts and making good arguments that take the needs of LGBT citizens into account, and the other side can't even get their facts straight and don't care about LGBT citizens' rights.

Although it's not great, it would be best for everyone if the Executive Yuan bill passes for a few reasons. First, it'd mean that bills which protect the rights of LGBT citizens least would not be considered, which is especially important in the case of the so-called 'compromise' bill, which would (horrifyingly) allow relatives of either member of the couple to sue to stop the marriage from being legally recognized. (Edit: this provision has been stricken from the bill.)

It would also mean that there would be a legal framework for how to implement same-sex marriage now, with a fairly clear (though legally tiring) path to actual marriage equality. If we just let the interpretation of the Civil Code take effect on May 24th, nobody really knows what will happen and very little about the actual rights of married same-sex couples will be clear. Finally, this is the bill that LGBT groups support. If we want to be good allies, we should let them lead, and support it too.

And the DPP will need all the vocal support it can get, seeing as it has handled this issue disastrously from the start.

This is the final scheduled vote before the Civil Code interpretation changes automatically, as per the ruling of the Council of Grand Justices, on May 24th. Basically...this is it.

So, there's a rally planned that starts at 8:30am outside the Legislative Yuan. Pro-equality advocates are hoping for a good turnout, even on a Friday morning. I'll be there, wandering around, taking photos, generally adding my physical presence to the crowd.

If you care about equal rights and human rights, I ask that you come too. Take time off if you have to. Tell your friends. Not just the foreigners (though it's easier for a lot of us to be free on a random morning), but your Taiwanese friends. Apply for half-day leave now.

Plus, you can be sure the anti-gay folks will be there too. We need to outnumber them just to show the legislature that equality is the only real future for Taiwan.

If the best of the three bills passes, we still won't have marriage equality, but we will have something on the road to it, and if we show up in numbers that will make an important statement going forward.

See you there.

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. 

Government Proposes Marriage Inequality

While everyone is celebrating the draft same-sex partnership law that has been announced and will move to the legislature for debate, here I am - as always - sucking vinegar and taking names.

That's not to say there's nothing good about the draft law - just that it isn't marriage equality and we can't rightfully call it that. And I wouldn't say I oppose the law, but you won't find me shouting my support from the rooftops either. I hope it passes, but if you want my enthusiasm, well, sorry to disappoint. 

Therefore, while we can say that Taiwan will be the first country to offer some kind of same-sex "marriage", and they even call it  "marriage" in the draft, it's not equal, period.

There are some positives: next-of-kin rights (medical visitation, making medical decisions, inheritances) seem to be included, so previous real-life situations in which someone was in the hospital and their same-sex partner could not visit or make decisions for them, or when someone died and their estate went to their blood family and not the person who was their spouse in all but legal name will be averted. That's a very important big win. We can also assume that this will include the ability to buy insurance together, be on the same medical insurance plans etc. - not as big a deal in Taiwan given the NHI system, but still important.

And, of course, the proposal specifically uses the word "marriage", which does matter. Words mean things; they imply a definition of truth. The Executive Yuan didn't have to use that word - they could have called it something more like "union" or "partnership" but didn't, which sends a strong message. Good.

It is not, however, equal marriage.

At the risk of angering some people (though I'm not at all sorry), some other aspects of this draft law are some big fat Jim Crow bullshit.

Same-sex couples will not gain the right of co-adoption; one spouse may adopt only the biological offspring of the other. That means no adopting orphaned children, and it also creates some very difficult barriers.

Fertility treatments and surrogacy are not easily obtainable by single people in Taiwan; often the treatments are only available to married couples at any price (it's not an issue of these treatments not being covered by NHI; unmarried people are simply banned from accessing them). From the Storm Media piece, the "special law" says that giving these treatments to same sex couples will be "at the competent authorities' discretion", whatever that means. So it may be quite difficult for same-sex couples to even have biological children, if they are denied access by these "competent authorities".

The issue of international marriage is not mentioned in the law, and appears for now to therefore not be covered. Storm Media's link above implies that it will  that it will only be possible to marry a same-sex foreigner if that foreigner's country of citizenship also recognizes same-sex marriage. That's not quite the case, necessarily: it would be quite possible to overrule the prohibition on marrying in this case, citing it as a disruptor of 'public order' in Taiwan. My lawyer friend says he hopes that this is how such cases are interpreted going forward. 

The "religious freedom" clause, which specifically says this marriage bill will not interfere with anyone's right to practice their religion as they wish, is unclear. I'm not opposed to it on its face; if someone wants to believe in some gay-hating sky friend, I think that's kind of dumb and bigoted but I don't think they must be legally mandated to change their (dumb and bigoted) religious beliefs. Freedom of religion is a basic right after all. But, it's unclear whether that will extend to allowing employers to discriminate against LGBT employees, or businesses to discriminate against LGBT customers, on the basis of religion. This needs to be clarified.

There is also a minor difference in the legal age of marriage, but it's more likely that the actual marriage law (rather than this unequal "special law") will be amended so that the age of consent to marry is the same across genders.

And, finally, this "special law" doesn't establish an official "in-law" relationship. I'm not quite sure what that means in practice, but it is a difference.

For all of these reasons, I simply cannot say that Taiwan is on the cusp of marriage equality. There will be some form of marriage with this law - which has not passed yet, by the way, it's just about to reach the legislature now and needs to be debated and voted on - but the fight isn't over.

The good news is that the unequal aspects of this law can be challenged in court, and I have to believe they were designed to be easily toppled. The Council of Grand Justices ruling in May 2017 specifically said that, as all citizens must have access to equal rights, that the right to marry must therefore be equal.

This does not confer equality, and therefore does not quite adhere to the constitutional interpretation ruling, and so is subject to legal challenge on those grounds. I am sure it will be challenged, and there's a strong foundation for making that happen relatively expediently while ensuring that the most egregious withholding of rights (next-of-kin issues) are handled.

It's a step, but I have to admit I grow tired of these half-steps. It happened with dual nationality too (allowing some special magic foreigners to qualify for dual nationality and relegating the rest of us to Garbage Foreigner status).

I know it's hard to convince more conservative factions of society that sweeping change is necessary, but real lives are impacted in the meantime, and it's tiring to be expected to compromise with Granny Bigot (age shouldn't be a factor but public opinion polls show that there is a strong age correlation) while waiting for access to rights (like marriage) and privileges (like dual nationality) that meaningfully change our lives. I get that there are political strategies to consider, but I personally am fine with letting Granny Bigot be upset.

I also don't feel all "rah rah hooray" when I know that this 'special law' is essentially an encouragement to keep fighting, not a summative victory.

The good news is that this is really angering conservative groups in Taiwan. Awesome! I hope all of their kids are gay. (That's not a punishment, it'll make Taiwan more awesome, but it'll also make them mad and make them think they're suffering...and that's great.)

So what can we do in the meantime?

To ensure that Taiwan moves toward actual marriage equality, we can donate to any number of pro-equality groups so that they have the funds to mount legal challenges, for starters. Here's a good place to start.

We can talk to relatives who disagree. Rallies are nice and stickers are great, and so are banners in hipster cafes, but the real change will happen when we start talking to the people in our lives about what equality means and why it matters for Taiwan (and everywhere). That if Taiwan stands for freedom and human rights, this is an essential part of it.

And while I won't tell others they can't celebrate, I'm holding off on my party. I will neither relax nor celebrate until we get actual marriage equality in Taiwan.

Whatever Happens Tomorrow

I'm back, just in time! My last pre-dissertation paper is in and I've caught up on sleep, so hopefully it'll be less of a wasteland in here while I get back into writing (though I have a backlog of things I need to write for other people, so it may not be the frenzy that was October).

So, I awoke from my post-academic-writing stupor to realize, oh crap, the election is tomorrow! I can't vote so it shouldn't matter to me, but it does.

I don't like...any of the candidates, just about anywhere. So I'm not even bothering - the major races are a mess and that's that. Taipei especially has no good options. Sooo, whatever. Most of all, I'm worried about marriage equality. And pissed, because while I understand that the DPP wussed out in part because their more conservative supporters weren't having it on changing the civil code, if they'd acted swiftly and just pushed it through, we would not be in this position now, with a vote coming up on people's basic human rights.

This is related to my worry about the candidates, though: the KMT candidates are just...so anti-equality, and anti-gay groups are apparently showing up at their rallies according to friends of mine who have attended (I've been too busy to attend, because I'm a cut-rate blogger.) I have to wonder if the KMT cut a back-room deal with the pink-shirted church jerks: bus your sheep parishioners to our rallies and get them to vote for us, and we'll make sure there's no change to the civil law. We don't actually care, but we want your votes so we'll throw them under the bus for you if you show up for us. 

It doesn't seem likely that the two pro-equality referendums will pass, simply because although at least 25% of the voting population supports them, a fair number are young and can't return 'home' to vote either because they can't afford it or they have to work. Of the big, soft center of Taiwanese society of decent folks who aren't opposed to equality, but aren't passionately for it, I worry that many just won't vote, or will vote for the anti-equality referendums because they've been tricked by those horrible church people.

But, if we do win, the church people aren't going away. We won't have really beat them until we change the civil code and normalize equality to the point that they won't be able to get support for changing it back.

If we lose, there are a few things to take comfort in.

First, that the old out-vote the young, because the young are busy and broke. Even if the anti-equality referendums pass and the pro-equality ones don't, that won't be a complete reflection of Taiwanese society.

Second, they may be trying to put a barrier in our way - ironically making life more difficult for the next generation while braying about how they are trying to "protect" the youth - but the youth of Taiwan overwhelmingly support marriage equality, and while people may grow more conservative as they age, that's never struck me as a view that tends to change once someone realizes equality is right. Those old church people will die - some of them soon, because they're old - and their legacy will not live on. It's too late for that. This particular arc of justice may be long, but its trajectory is pretty set.

Third, even if we do lose, there will be some form of civil partnership by May next year. That doesn't satisfy me - inequality is still inequality and it's not good enough - but it's a step, and then we keep fighting.

What worries me on this end is that politically, Taiwan stands to benefit a great deal from equality: think of the headlines once it actually goes through! It's been great PR for this country already, and started to wake the world up to the ways in which Taiwan is a bastion of (comparative - in certain ways only) liberalism in Asia. The longer we delay that, the worse it will be for Taiwan. And if we delay too long and are not, in fact, the first country in Asia to pass actual marriage equality, we'll lose a huge opportunity to make massive global headlines. All those pro-independence greens who say they want the world to notice Taiwan as Taiwan, but who are conservative and maybe even Christian (the DPP has strong ties to the Presbyterian church) are shooting themselves in the foot, and they don't even seem to realize it. We not only need to do this soon for the sake of LGBT people, we need to be the first in Asia for Taiwan's political sake.

And finally, it's not particularly clear to me that the results of any of these referendums are binding (I've heard people say they are, and that they aren't, and I've been too mired in school work to research it on my own.)

So, whatever happens tomorrow, the march toward equality in Taiwan continues, and there will be progress. There has already been progress: from a few years ago when the anti-equality side was trying to stop any sort of civil partnership for LGBT people and attempting to paint them as moral degenerates, to now when even the anti-gay camp being forced to support some sort of civil partnership law, the conversation has changed. If we lose, we can't accept the bottom line of the church people, but we have shown that the conversation can keep changing.

100,000 or so people showed up to Ketagalan Boulevard this past Sunday for a pop-and-metal-star filled afternoon of music and cheering, when estimates had been for a far smaller crowd. It was bigger than the rally for any of the Taipei mayoral candidates, and bigger than anything the anti-equality crowd has been able to put together. Interestingly - from my perspective anyway - the way marriage equality has been approached in Taiwan feels unique. I can't imagine, before it became a nationwide law in the US, a pro-equality rally featuring a black metal band as one of its most famous acts. I guess in the US we just don't Metal For Our Rights (to quote a friend). I sat through the whole thing writing my paper while splayed out on the pavement, protesting and doing my homework at the same time...and I have never felt more Taiwanese.

In any case, we draw crowds. We change conversations. We push forward. The generation that is on its way out is the last generation that will keep us from marriage equality in Taiwan. Even if they win this battle, they have emphatically lost the war.

That doesn't make me happy per se, but it's keeping me away from the bottle tonight.

The dirty tricks of the anti-marriage equality camp

Trying to keep this nice and short, because I still have a paper to write. But, this is worth a look.

A Facebook friend recently shared a link to this foetid rolling trash landslide commercial in order to point out how completely devious it was.

Go ahead, watch. Well, get a bucket first. Then watch. I'll wait.

Done puking? Good.

So, for the non-Chinese speaking readers out there, it's a very simple premise. Sad probably-lesbian family member hugs her pretty bigot family member.

Woman: "Why don't you care about me?"
Pretty Bigot: "In fact, I love you."
Woman: "Why don't you understand me?"
Pretty bigot: "In fact, you're my family."
Woman: "Why don't you support me?" (presumably meaning her right to marry)
Pretty bigot: "I support you."

*Cue inspirational rock muzak*

Pretty bigot: So I hope there's a special law to protect you. In fact, we love one another. I only hope my standpoint can be clear to you.

Woman smiles and cries because her Pretty Bigot relative is so understanding and awesome. 

Then it says to vote for referendums 10, 11, and 12.

10, 11 and 12 are the referendums against marriage equality.

Anyone not paying much attention, from this commercial, would think they are voting for equal rights for their LGBT+ loved ones, not against them. And yet, that's exactly what this commercial is telling them to do. Or, anyone who doesn't want to seem like they're anti-equality but in fact doesn't support equal rights has just been handed a beautifully-pressed fig leaf with which to cover their bigotry.

This isn't even the first trick (or even the same one of that type).

Recently, I observed that the particular wording of one of the referendums aims to make it sound as though one is supporting ensuring "the rights and interests" (權益) of same-sex couples by voting for it (The Diplomat also reported on this). If you read carefully, however, it specifically says 婚姻以外 - "in a manner other than marriage". This particular phrasing seems aimed at two groups. The first, I think, are conservative oldsters who don't want to admit that they are a bit homophobic (in particular, perhaps, that demographic who are fiercely pro-Taiwan and will proudly tell you that Taiwan stands for human rights, freedom and democracy, but who still get the willies when two dudes kiss while not wanting to consider themselves as someone who would deny other Taiwanese 'equal rights'). The second are the "compromisers" - the same group that thinks "the status quo" is just fine because it's "safe", who think that any "middle ground" solution is automatically good because it's in the middle.

Neither group wants to seem bigoted, so this "protect the rights and interests of homosexuals" wording offers them a fig leaf to vote against equality while telling themselves they are good people.

This got me worried about the other ways in which anti-gay groups were trying to advertise their anti-gay agenda as pro-LGBT support.

We all know now that anti-marriage equality groups signed up to represent the pro-equality side in scheduled televised debates. Not having a television, I'm not actually sure if these debates have aired as yet, and I haven't seen any news about them since.

Update! The CEC didn't seem intent on taking any particular action, so pro-equality groups loudly congratulated anti-equality ones on "changing sides", which was embarrassing enough to the anti-equality groups that they dropped out. GOOD JOB!

The campaigning of the anti-equality groups is similarly illegal. They're not supposed to be handing out political literature on trains or putting up fliers or banners in public areas for free (the same rules apply to election campaigns), but that is what they are doing. They either have to pay for advertising, or get permission from private property to put up their banners (or put them on their own buildings). They can pass out fliers on streetcorners, but not on public transportation.

If you see this happening, you can and should call train attendants to tell them to stop.

If you see banners illegally placed in public areas, you can take them down. They broke the law, not you. If you don't feel comfortable with that, call the number below:




That's 0800-066-666


And it goes without saying that there is a lot of misinformation being spread about how marriage equality will "contribute to the declining birthrate" or "turn Taiwan into an AIDS island". This is the sort of thing they are spreading on Line groups, as they infiltrate community, family and school Line communities where political posts don't belong.

That's so ridiculous, it doesn't even count as 'trickery'. It's not a twist of the truth or confusing wording. It's just lies.

That said, I honestly think these deliberately slippery ads that equate voting for anti-marriage equality initiatives are a way to support your LGBT friends and relatives alongside confusingly-worded initiatives are even more worrisome. Some people may genuinely be tricked. Some may simply trick themselves.

And frankly, the line between being tricked into supporting bigotry and choosing not to notice that you are being led to it is fine and blurry at best, if it exists at all. Some might be misled by these tactics, but many others are looking for reasons to convince themselves that they can vote against equality without being terrible people.

And that's terrifying, because it very often works. We all have deep-seated prejudices we'd rather convince ourselves aren't there. I'm sure I do (I try to find them and root them out but almost by definition I don't know what they are until I wake up to them.) How many grandmas who don't hate their gay grandsons, how many friends who don't hate their LGBT+ friends, how many sisters and brothers, how many uncles who love their LGBT+ loved one, but deep down secretly still get the willies when two dudes kiss, and so want a fig leaf to say they "support them" with a "special law" as a way of voting against actual equality?

My guess is a lot. And that scares the crap out of me.

I want to say "dirty tricksters never win", but you know what, sometimes they do. Sometimes they win bigly. In the end they generally get discovered and eradicated - like those latent prejudices I keep discovering and rooting out, or particularly bulbous whiteheads - but they can do a lot of damage in the meantime.

I didn't bother to check the Chinese so I just have to assume my prose is comprehensible. 

So what can we do to counter these slimy and illegal tactics?

Other than alerting employees on public transit and calling to complain about public signs, there are other actions you can take.

If you see fliers put up where they shouldn't be allowed - I saw one in my building this morning! - take them down. You are within your rights as long as you don't destroy any property.

If someone tries to give you a flier, loudly and vocally tell them that you disagree with discriminating against LGBT+ people. Use English if you have to - you aren't going to change their mind but your point will be clear to people around you.

If you see stacks of fliers left in public buildings (e.g. libraries, municipal facilities, schools), this too is typically not allowed. Just take them all! After all, they're free to anyone. Why not let them all be free to you?

If a business you frequent has these fliers available, tell them openly that this bothers you and that you will no longer patronize their business unless they stop allowing these kinds of political materials. Post on their Facebook page, include it in reviews etc. Take a photo to prove your case, because people are litigation-happy here about bad reviews. Do the same if there's a 青少年純潔協會 donation box (they are loaded, and anti-equality). Ask for it to be removed; some establishments might comply!

If someone gums up your Line group with their garbage, don't let it stand. Respond! Tell them you don't agree with discriminating against LGBT+ people, or that this sort of political talk is not welcome in your otherwise unrelated Line group.

If you want to donate, there are many choices. Here's just one, directly related to the fight for marriage equality. 

If you want to add your physical presence to the crowd of supporters, start tying rainbow gear to your bag, and attend the pro-marriage-equality rally on November 18 at Ketagalan Boulevard. It starts at 1, and Chthonic will perform in the evening!

My building this morning: before I came through, and after.
They have no right to put up political fliers in private apartment buildings, so I
don't feel sorry at all about a little sabotage. 

 

Swedish citizen Gui Minhai has been held by China for three years and Sweden has been super weird about it

Gui Minhai, Martin Schibbye, Johan Persson, Peter Dahlin

Taipei-based Swedish journalist Jojje Olsson held a talk last week on the case of Gui Minhai. Gui is a Swedish citizen abducted from Thailand by the Chinese government who, beyond some limited contact with family and Swedish diplomats, has been held basically incommunicado. In fact, the talk itself coincided with the date when Gui had been officially held for exactly three years. 

The most informative part of Olsson's talk was his description of what Sweden is doing (or not doing) to get him back. While they are highly involved in closed-door, quiet talks with Chinese officials, it seems odd that these talks are indeed so "quiet": not only has the government not been in regular contact with Gui's daughter, but the case seems to be far more low-profile than it ought to.

This weird silence can be understood in comparison to the government's reaction to two other Swedish journalists who were similarly kidnapped and held for over a year in a foreign country on trumped-up charges. Johan Persson and Martin Schibbye spent over 400 days in an Ethiopian jail for essentially doing their jobs. Similarly, Gui had broken no laws in Hong Kong, where his books (which were semi-biographical tabloid fodder about Chinese leaders) were published, and was in Bangkok when he was taken. Like Persson and Schibbye, he is a Swedish citizen.

This is even more eyebrow-raising, as other European countries (most notably Germany, according to Olsson, but including much of the continent) have not only more publicly called for Gui's release, but have tried to work together to collectively take public action. And yet, Sweden stays on the path of "quiet diplomacy", even though it doesn't appear to be working. Bad publicity scares China. A few polite Swedish diplomats? Yeah I don't think so. 

But in Persson and Schibbye's case, there was an uproar in Sweden and the government much more transparently and openly feuded with Ethiopia over their detainment. What's more, Swedish officials were regularly in contact with Persson and Schibbye's family members.

Why are they raising much less of a fuss in dealing with China over Gui Minhai? Why are they not in regular contact with Angela Gui (his daughter)? When Gui was snatched a second time from a Chinese train under the noses of Swedish diplomats who were taking him to Beijing for medical care, why did the reaction seem so muted?

In the international media as well, while the case has been reported by major outlets such as the BBC and the Guardian, the average person (including the average Swedish person, I'd gather) doesn't even know that this is happening. To even your typical well-traveled educated European, the idea that China would abduct foreign nationals in foreign countries might even seem farfetched. But that's exactly what they've done.

The suggested answer is that China is a powerful country, both politically and economically. Ethiopia means little to Sweden; there are fewer risks with starting an openly critical campaign to get abducted citizens back.

I suggest an even more obvious answer. Here is a photo of Swedish citizens with Swedish names, Johan Persson and Martin Schibbye:

Wikimedia Commons

And here is a photo of Swedish citizen with a Chinese name, Gui Minhai:

A screen grab of a screen grab - not many photos are available

Hmmmmmmmmmmmmm. Do you think it could be...?

Yeah, I do.

The rest of Europe, as noted above, seems to understand the gravity of the situation. I have to wonder why the Swedish government doesn't.

Certainly, China wants the world to think that Gui is Chinese and this is a Chinese matter. Gui is not Chinese; he may have been born in Ningbo, but China doesn't recognize dual nationality. The day Gui became Swedish is the day he stopped being Chinese. Regardless, Chinese state thugs forced Gui to say publicly that he wanted to renounce Swedish citizenship and he "slammed the country" on television. (It is certain that this was a forced statement; there is no possibility that this is truly how Gui feels about the matter).

It is well-known that China thinks of basically every person of Chinese ancestral heritage as Chinese; their actual nationality doesn't seem to matter to the CCP. They do this by threatening Chinese students abroad, taking over Chinese-language media aimed at the diaspora and threatening loved ones who may still be in China, among other tactics.

It's also not a stretch to see that they think they can get away with holding Gui in part because he, well, looks Asian. They are betting on the rest of the world seeing this as a "Chinese" issue, not an international one, and that the world cares less about these things. Basically, China is deeply racist about such matters (thinking everyone with Chinese ancestry is Chinese and therefore subject to CCP control  no matter how many generations ago their family left is racist), but they're also betting that we are racist too: that we will care less because Gui is Asian.

Why do I say this? Well, compare China's treatment of Gui to their treatment of another Swede involved in China: Peter Dahlin. Gui published books - legally - that threatened the CCP's reputation. Dahlin is an activist who threatens the CCP by working with human rights lawyers in China.

Dahlin was released after a few weeks. Gui has been held for three years. Dahlin was taken in China, over actions he undertook in China; Gui was taken in Thailand over actions he undertook in Hong Kong.

I'll repeat myself: Peter Dahlin is white and has a European name. Gui Minhai looks Chinese and has a Chinese name.

China didn't want a disappeared European on their hands, so they let Dahlin go. They are betting on you not thinking Gui is European.

Don't believe me? They abducted another foreign citizen too: Lee Ming-che. Lee is Taiwanese, not Chinese. But his name is Lee Ming-che and he looks Asian. Lee was abducted in China, over actions that he took in Taiwan where he broke no laws.

Like Gui, the Chinese government wants you to think Lee is Chinese and that this is therefore a Chinese matter and none of your business. It is no such thing. They want you to fall back on old mental blocks - for you not to care as much about people with Asian faces.

Still don't believe me? Despite Swedish officials being fairly quiet about pressing for Gui's release, China has started a massive diplomatic row over a family of play-acting Chinese tourists and China's ambassador to Sweden is something of a grandstanding jerk: all of this (even according to Olsson) seems to be related to China's attempts to pressure Sweden to just forget Gui Minhai exists, and to shift the spotlight of the Sweden-China disagreement from a Swede abducted by China to a family of shrieking stooges.

Again: China wants you to forget about Gui Minhai, and Lee Ming-che too. They want you to see these foreign prisoners of the Chinese state as "Chinese", so you won't worry your pretty little head about them. The Swedish government, for some reason, seems to be playing along just enough to keep Gui out of the news. The result is that most people seem to be forgetting about him, if they knew he existed at all.

You, however, should do no such thing. 

It is really hard to support Taiwan (Part 3): being pro-Taiwan doesn't mean being pro-US!

Westerners pushing into Asia is not always a great idea - just ask this guy.
(But when it comes to East Asia, I'd rather have the US around than China.)

I'm aiming for this to be the final set of ideas that I express in this series of posts (though you never know). In the previous two posts I took aim at Taiwan's domestic issues and the state of Taiwan advocacy - this time, I want to shift my focus to other Westerners.

I've had a few friends and Facebook people say things which have caused me to worry about the relationship between Western liberals: that no matter how bad the threat from China is, Taiwan must find a solution that doesn't involve the United States because we're evil; surprise that China even wants to be the next global superpower; that seeking the best possible realistic solution for Taiwan amounts to being pro-right wing or pro-Trump; that saying continued US influence in Asia is the only realistic way to counter China is "dangerous propaganda"; that Taiwan being annexed by China is actually preferable to its having close ties to the US because "the culture and history is the same".

All of these (wrong-headed) statements carry an implication that advocating for any realistic solution that contains Chinese influence in Asia (especially vis-a-vis Taiwan) amounts to being pro-USA. 

This is one pushback that doesn't seem to have been mentioned in critical essays on China's United Front efforts. Michael Turton wrote an excellent piece on weaponized narratives for American Citizens for Taiwan, of which I have no criticism. In it, he describes the ways in which China supporters tries to twist narratives to make those who criticize the Chinese government's actions seem ignorant, uncivil, hysterical or racist. Some of these notions were echoed more recently in The Monthly:


Relentlessly, and through a thousand different channels, the Party was working to collapse the categories of “Chinese Communist Party”, “China” and “the Chinese people” into a single organic whole – until the point where the Party could be dropped from polite conversation altogether. From there, the Party’s critics could be readily caricatured as “anti-China”, “racist” or even “Sinophobic”.


But, I have to say, I'm not afraid of being seen in these ways. No real person (leaving aside the fifty-cent trolls) would look at what I have to say and declare that I am "ignorant" of China or the region. I'm not an academic in this field, so I'm not worried about incivility. Hysterical - well, yes, okay, my criticisms of Chinese government actions are numerous. However, when I point out that I live in a sovereign democracy that China has openly said they intend to annex by force, most reasonable people do understand that the threat to my home is very real, and it is not hysterical to point this out. I've had "racist!" leveled at me a few times - but any reasonable person will note that I live in and advocate for an Asian nation, not a majority-white one.

No - what I'm afraid of instead is being labeled "pro-America" or "pro-Western imperialist".

That is a difficult one to fight, because a strong case for Taiwan does tend to include a case for liberal values, and an argument against attempts to eradicate and replace them with what China might call "Asian values" but I call "authoritarian, pro-oppression, anti-human rights" fascism. However, it's hard to make that case without sounding too much like a booster for the West as a whole and the US in particular.


Liberal values are universal, not Western

I consider "liberal values" to be universal - freedom, human rights, equality. Democracy too, though there are a variety of ways to structure it (some being more democratic than others), but a lot of people have been convinced to see them as distinctly "Western". This is misguided: it assumes there is no bedrock of historical fact and a philosophical history (in many cultures, not just Western ones) of ethics that have brought about the idea that human rights are for all, not just some.

But, if you see my stance as fundamentally "Western" (which, again, it isn't) that makes it sound like one is totally fine with a continuation of a system in which white folks continue to be on top - it can be twisted around and interpreted to mean that one doesn't want to give up a position of power and privilege to Asia because you as a Westerner may stand to lose from that. 


We're not unaware

It also sounds as though one is unaware of how systemic exploitation is either accepted or encouraged with those at the top (that is, white people) allowing the rest of the world to continue to toil for their benefit by, say, making clothes in Bangladesh or iPhones in China in dangerous, slave-like working conditions. It sounds like one is in favor of the continued supremacy of a country whose foreign policy has completely screwed a large chunk (though not all) of Asia. 

Of course, I'm not in favor of a system in which the West is on top forever and necessarily keeps the rest of the world down to maintain its primacy. I'm not particularly pro-US - if anything, my views veer in the opposite direction.


What China wants vs. what's best for Asia

It's difficult to argue that, however, when it sounds so close to advocating for the status quo, especially when one then directs criticism at China's goal of global hegemony.

A lot of people don't believe this is the case: I've met many who believe that China has no desire to take America's place as the global hegemon. This is clearly untrue: China barely tries to conceal what it wants - total global supremacy - but people believe it nonetheless.

It wants a world in which other states are economically dependent on it. It wants to control the world's main transport networks. It wants to impose at least a tributary acceptance of Chinese censorship on the world. It wants, if not wholesale adoption, then at least acceptance of authoritarianism as a viable and "right" system of government and that human rights are not universal.

It wants to start by replacing the US as the biggest influencer in Asia. This sounds great on its face - Asia for Asians, yeah? - but remember that China is a dictatorship that wishes to impose its own will on the nations that surround it, including many successful, developed democracies (like Taiwan!) whose political values are actually closer to those of the West. An authoritarian system such as China's - and being subordinate to it - is actually a massive problem for successful Asian democracies. 

The US may not be an Asian nation, but working with them rather than China is actually in the interest of countries like Taiwan (and Korea, and Japan...) if they want to maintain their current level of freedom and democracy. Try saying that, though, and not sounding like an Evil Imperialist Capitalist Exploiter to a certain kind of liberal. 

It also requires that one ignore that so much of Asia is now at the top of the economic food chain: the only way the "you're an American imperialist!" narrative works is in a paradigm where there is only oppressor and oppressed, rather than an entire set of successful developed economies that counter this notion. I wonder what Koreans, Japanese, Singaporeans, Hong Kong residents, Taiwanese and residents of some Chinese cities would say to being told that they are victims because the West is their oppressor.


It smells like a right-wing narrative, but it's not

Two more issues compound this problem: the first is that this whole "freedom and democracy!" bass drum has been banged so much by the American right (well, until recently anyway), alongside the "anti-China" snare drum and "capitalism!" cymbals. Trying to separate all of that out and advocate for Taiwan (which involves being anti-CCP, but not anti-China) and for the spread of democracy and human rights is difficult: people expect to hear the rest of that conservative rhetoric along with it, and it seems more difficult to process when it's not there. 

They expect you to be a right-winger, because you sound a little bit like one. And they expect the same level of insincerity about "freedom of democracy" that the American (and increasingly European) right shows. Because of course, they are totally insincere. You can't be a strong ally of Saudi Arabia, or decline to comment on how your nation does not share so-called "Chinese values", and still call yourself the leaders of the free world. 


Anti-democracy liberals

The second is that believing that the US is evil and anyone who advocates for continued US dominance in Asia (regardless of the subtlety of their actual argument) is advocating for Western imperialism, and that China is the victim in this story, is a terribly anti-democratic view to take.

It is essentially using liberal precepts and twisting them around to support fascism. It is taking the idea of "equality" (which really means equality of people under the law) and turning it over to say that some people can live under dictatorship because all narratives - including CCP propaganda - are equally valid (which they are not), and disagreements can be brushed away with "eh, different cultures".

It totally ignores how many Asian cultures are in fact already democratic, and successfully so. That complicates things too much apparently. 


I got nothin' ¯\_(ツ)_/¯ 
I don't know how to solve this - I'm not pro-US. I'm not pro-status quo. I want to live in a world where nobody is the superpower, where there is no hegemon. Nobody to act like the 'world police', because the world police never actually act for the benefit of all. They always prioritize themselves. This means a world in which the US plays a more egalitarian role, and also one in which China either cannot or does not take the US's place.

That sounds like fairy dreams, but it is my ideal. It may not be possible, but I'd love for other Westerners to at least understand the real case Taiwan advocates like myself are making, rather than knee-jerk assume that because we are pro-Taiwan and anti-CCP, and that happens to hew closely to a strong Taiwan-US relationship, that we are pro-Western imperialist or pro-US.

Because that is simply not the case.