Losing losers who lose

Look, I could say a lot about the Huang Kuo-chang recall vote.

I could point out, as New Bloom did, that twice as many people mobilized to vote against him (though ultimately not enough) as those who came to vote for him. Okay, yeah, that's true, but honestly the push was against him - that side was always going to get more people out on Let's Vote For Something Stupid Day. Those who support him might just as well decided to stay home.

I could mention, as Frozen Garlic did, that this mess was partly the fault of Huang and the NPP themselves, for pushing for ridiculously low bars to make recalls happen. This is correct, but the point has already been made and, in any case, Huang survived. I have heard that despite this debacle he still believes in the idea of relaxed recall criteria, which kind of feels a bit Socrates-with-the-hemock-y, y'know?

I could bring up the issue that the failure of the vote seems to have mostly been reported in English by 'new media' - for example, the Taipei Times published pieces leading up to the recall, but doesn't seem to have anything on the recall itself (if it does, it's buried so deeply that I couldn't find it).

I could talk about the fragility of democracy, the difficulty elected representatives face knowing they might not be able to serve their entire terms, and how fringe groups might will use the recall laws to cause problems in the future. That's all fine, but ultimately a little obvious.

But you know what? I don't feel like it.

What I feel like saying is this:

Hey anti-gay losers - guess what? You're LOSERS! That's because you lost.

Your agenda is not welcome in Taiwan. Your hatred is uninspiring. People didn't come out to support your bigoted garbage recall vote. You are losing losers who lost.

Taiwan may still have a strong undercurrent of conservatism - certainly it's an issue among the older generations, as it is everywhere - but we've proven that that conservatism doesn't extend to American-style bigotry and discrimination. Taiwan is, in fact, better than that. Taiwan is the first Asian country to move towards marriage equality and I think will, despite delays, be the first Asian country to implement it. You lost.

This is because - nyah nyah nyah - you are losers. 

You have some support, that's true. There are 40,000 or so bigots in Xizhi whom I'd like to flip off. But ultimately, not enough.

You could turn around and say "but you guys lost the 2012 elections and you will probably lose again someday". This is true. But those elections were between differing political ideologies which are tied to deep-set notions of identity and history, animated in part by powerful and wealthy interests that battle it out behind the scenes. In a two-party system such as this, each side will continue winning and losing in turn. At times, it seems to mean little.

Naw, your loss is far worse.

You asked for 66,000 or so people to show up to vote for hate - and they didn't. They woke up on Saturday, yawned, thought "nah, those guys are jerks" and poured a cup of coffee. They blew you off. 

You wanted them to stand against equality, and not even in any way that would make any difference. Seriously, marriage equality is coming. If you'd unseated Huang out of some twisted sense of vindictiveness, it would still be coming. Huang is not the key to stopping it - it can't be stopped. You can't force a reversal of the highest court's decision.

You just wanted to do it to be jerks.

But you lost. They didn't come, because you are losers.

Taiwan is better than that, and it's better than you.

Marriage equality is coming - so why are people still upset?

This isn't a rhetorical question, nor is it meant to imply that those who are unhappy at the seemingly slow pace of the Tsai administration on making marriage equality a reality should not be. It's a sincere question, and worth diving into.

First, a backgrounder: on May 24th, Taiwan's judiciary ruled that, as the Constitution of the Republic of China guaranteed equality for all citizens, that this must include marriage for all citizens, and therefore marriage equality must be allowed in Taiwan. However, instead of this ruling taking immediate effect, the court gave the government 2 years to enact a law addressing this, or amend the civil code. If they do not, after the two years are up (so, May 24 2019) the civil code will simply be interpreted to include both same-sex and opposite-sex couples.

The ruling was handed down six months ago, and so far the government has not taken action. A marriage equality bill was not included in legislation deemed a 'priority' by the Legislative Yuan in their current session, although newly-appointed Premier Watermelon William Lai has said that the a marriage equality bill will be filed by the end of the year and has vowed to "realize" same-sex marriage in Taiwan.

None of this should matter, in theory. The court has spoken and the legislators and Tsai could sit around with their thumbs up their butts and the result would be the same - if they don't act we get marriage equality anyway. In 18 months no less - not that long in the grand scheme of politics.

In fact, Frozen Garlic made the argument - and I largely agree - that the DPP is actually on our side when it comes to marriage equality (scroll down to find the relevant information in that link). They know that passing a civil code amendment is politically infeasible given that a large portion of their support are older southern pro-independence social conservative sore losers who know they've lost but don't want the civil code changed nonetheless. They also know that passing a law papering over the civil code won't please pro-equality activists who want to see a more fundamental change.

In fact, it's notable that the DPP legislators who are openly pro-marriage equality are almost entirely party list. Elected ones? Not so much.

So what is the DPP to do, considering these opposing forces and desire to stay in power? Nothing at all, perhaps, allowing the interpretation of the civil code to change while neither having to anger activists by passing an imperfect law, nor pissing off their more conservative supporters by proactively amending the code.

Thinking this way, you might even think they're on our side, and they might well be.

And yet, tensions are still running high and people are still unhappy with the government's lack of movement on the issue. Why? In less than 2 years they get what they want regardless.

There are a few reasons.

The first is that 18 months is a long time if the lack of equality affects you directly. People get sick and die in that time, and being married or not matters in terms of visitation, medical decisions and inheritances. or have life changes for which marriage matters to consider (for example, being offered a job abroad and wanting to bring their same-sex partner, but only being allowed to bring a spouse). I have one friend residing in Taiwan who recently married in the US, and is hoping to get his husband a marriage visa and residence permit. That is not possible until marriage equality is realized. That's quite a few visa runs at a not-insignificant expense. I have quite a bit of empathy for those whose lives are on hold despite the court ruling that Taiwan is a country that promises equality, because the government is not acting to implement the ruling. It sucks to be told "you have to wait for your basic human rights", even for just 18 months, and not even be sure at the end of that time what rights you will gain.

It stings even more to think that the reason why is because, if you are gay, some of your fellow countrymen do not fully support your equality, and the DPP is pandering to that. Their votes matter more than your humanity. It's politically pragmatic and therefore explicable - Tsai is their representative too, after all - and yet not necessarily forgivable if your life is directly affected by such political calculus. This is an idealistic take, and yet I have empathy. It's simply not persuasive to point out that this is what's happened: that's what loses progressive votes; it doesn't win them.

Another reason is simple worry over how "same-sex marriage" will shake out in reality. Note that I specifically did not say "marriage equality" here: if the government passes a law, LGBT Taiwanese are justifiably worried that the law will legalize same-sex marriage, but not necessarily grant equality. Same-sex marriage might well not be considered to include some of the benefits associated with opposite-sex marriage: the right to adopt and to fertility treatments/artificial insemination (currently not allowed for 'unmarried women', which same-sex female couples still technically are) are chief among these potential issues, but there are others.

However, similar questions will be raised if nothing is done by the 2-year deadline. If the civil code is simply interpreted to include same-sex marriage, how is that then interpreted in all specific details, including adoption, medical emergencies, inheritance, fertility treatment and other spousal rights?

This is understandably causing a lot of stress in the LGBT community, who can't be sure which option is better, as neither is ideal. Neither is an absolute guarantee not just of "same-sex marriage", but of full equality. There is worry that if social momentum pushing for marriage equality does not build again, that opponents will gain ground and full equality won't be realizable. These opponents are already going after legislators who support marriage equality as well as focusing on bogus, bigoted and frankly sexist "gender education" efforts in schools.

There is no clear solution here - if conservative blowback ensures that a proactive civil code amendment is not forthcoming, then there is nothing to do but stress out over which outcome might be worse.

There is also the sense that Tsai is, to put it bluntly, a coward or "people pleaser".

I don't necessarily agree with this, or rather, if she is a coward, this isn't the reason why (the nonsense regarding labor protections, however, is a different story).

I also don't see her as a people pleaser, given how many people she has actively displeased with her non-committal stance on marriage equality. She must be aware how many young progressives and LGBT Taiwanese are angry with her over what looks like more waffles than an Eggo factory. She and her party have likely concluded that it doesn't matter - it will happen anyway, the young progressives have no better alternative, and it's more important not to anger the southern conservatives.

However, I see the reasoning behind such vitriol.

If she is a coward on marriage equality, it's because the court ruling allowed her to be. She doesn't have to take a stand, because marriage equality will happen even if she takes none. This has given so many LGBT Taiwanese and other pro-equality activists a deeper sense of discomfort that she was given an escape hatch, a way out of having to make a tough decision, and so they doubt her.

If it really came to it, would she fight for us? If she had to? Or would she choose her more conservative voters over us, and over what's right?

We don't know, but given her muted response to LGBT activists between her inauguration and the May 24th ruling, I can't say with confidence that she would. Of course that makes those whose lives are affected by the wait for marriage equality nervous about her administration.

In fact, the lack of meaningful affirmative support for marriage equality - despite its being all but assured by the courts - is a part of the problem. Tsai (and the DPP) are not going to win the LGBT vote this way: "sure we sort of backed down on issues that affect you, but vote for us because the KMT is worse!" is simply not a winning message. Whether or not this is fair almost doesn't matter: it doesn't win votes. It's a stinker of a message, thoroughly unpersuasive.

Although the conservatives the DPP has to play to are perhaps more problematic than the moderates the Democrats tried to woo in 2016, they are making the same mistake: they're hoping a "sorry we didn't stand up for you more strongly but hey, the other guy is worse" message will win progressives in 2020. It didn't in the US in 2016 and it won't in Taiwan in 2020. Nor should it - the choice to play to your more conservative supporters may be politically calculated, but it does (and should) come with consequences.

Finally, I can imagine that many who threw their support behind her feel manipulated. Remember that during the campaign she came out as personally in favor of marriage equality, but never actually made that an official platform of the DPP or her campaign. That gave her the ability, technically, to then not push forward with it after her inauguration. After all, she never actually promised to.

However, she gave the strong impression that she not only wanted to, but would do so. To be let down on a technicality feels like manipulation to win young progressive votes, and to some extent it is. She must have known that we had faith in her and believed she would fight for us despite never making any concrete promises. Therefore, neither she nor any political observers can be surprised when we express disappointment at, if not "backtracking", her lack of responsiveness since taking office.

I do think Tsai is the best choice for 2020 (well, if she can quit throwing labor under the bus that is), and she is certainly better than another KMT princeling. If I could vote, I would vote for her. However, if I were gay, I am not so sure I could say that. I would feel too betrayed, too manipulated, too disappointed. If I were a gay Taiwanese voter, I am not sure there is a major party I could support at all.

In the end, I don't know what the way forward is. I want marriage equality to be realized in Taiwan before mid-2019. We can and should do better by those whose lives are directly affected by the current lack of rights. I want true equality, not simply same-sex marriage. I don't know how to best realize that, and perhaps the DPP's likely calculation is correct: allowing the civil code to simply be interpreted to allow same-sex couples to wed is the best way forward for all. Perhaps it will be easier to fight battles for full, true equality if we don't have to fight to amend an imperfect law, but rather for the civil code interpretation to include that equality.

Or perhaps it really would be too much of a mess to wait until 2019 and an imperfect law now is better than none at all. I don't know.

Perhaps we need better communication from the DPP - some assurance that they are, in fact, on our side and have decided that this is the best way to help us get what we want. I can understand how nervous LGBT people in Taiwan must be absent a strong affirmation of support from the ruling party.

This is not impossible: if they really do believe that waiting for the civil code interpretation to change is to the advantage of LGBT people in Taiwan, there is a good argument to be made there that could potentially help them retain the support of young progressives. Why aren't they making it? I want them to win in 2020, so I want them to communicate better.

They need a better message, a more persuasive one. I want them to create this message and it is frustrating that they are not doing so.

All I ask is that we continue to remember that, as we debate this issue from the safety of our relative privilege, that there are people whose real lives are affected by this, right now, across Taiwan.

We may not agree with their reasons for being upset, and we may not feel that way ourselves, but we need to remember that they are upset, and there is some justification for this. It may be hard to imagine that this is a stressful time for Taiwan's LGBT citizens and residents, given our recent victories. Yet it is. Remember that, despite marriage equality (or at least "same sex marriage") coming no matter what thanks to the courts, that LGBT people are waiting to see exactly how much "equality" the government will decide they get. Tempers are running high, but that's understandable. I'd be upset too.

Rebels, Riffraff and Rights

Last December, around 10,000 pro-LGBT people gathered outside the Legislative Yuan as hearings were held within to discuss proposed marriage equality legislation. I was there just to lend my support, and ran into a friend/former student who was also there in support of the bill. A few weeks later, we met again and were discussing the Sunflower Movement. 

"Do you think it succeeded?" I asked. 

"Actually not really," he replied.

"Why do you think so?" I continued. 

He said that only one of the four demands of the Sunflowers was agreed to (the passage of a cross-strait monitoring framework before the CSSTA could be passed, and not even that had actually been implemented, whereas the CSSTA was not quite dead), and although the KMT had been kicked to the curb in the elections earlier that year, that was no guarantee of real change. 

This was a good point, but I challenged him:

"It's true that the Sunflower demands were not really met, but I can tell you today's Taiwan is not the Taiwan I moved to in 2006. It's not even the Taiwan I knew in 2013. Something changed because of the Sunflowers, there's been a shift in public discourse and attitudes - it really woke the country up. People care more now than they used to, and their newfound activism is directly linked to being inspired by the Sunflowers. That means something."

"Yeah, but..."

"The other day at the rally, you weren't really out there in the crowd. I was. A lot of people were wearing Fuck The Government t-shirts, or even carrying sunflowers. It was clear that the movement had an effect on them. I don't know if they would have been there if they hadn't been woken up."

"Hmm," was all he said in reply.

* * * 

On the heels of a record-breaking Taipei Pride parade (123,000 people were said to have attended this year, up from last year's estimated 80,000), Ketagalan Media - an organization I occasionally write for - published a strong backgrounder on the history and development of LGBT rights and marriage equality movements in Taiwan. They were right to link the relative success of equality movements here to Taiwanese civic activism in general, and a need or urge to differentiate Taiwan from China, a point which isn't made often enough. 

However, although I think it makes some good points and covers some important angles, especially for those who may not be intimately familiar with the history of Taiwanese identity, I actually think that the piece inaccurately portrayed the causality of the issue. 

Despite my story above, I would not say that the LGBT acceptance and marriage equality movements were offshoots of general civic activism in Taiwan. I don't see it entirely as a direct result of, say, the Sunflowers. 

Rather, I would say that Taiwan has always had a more openminded or progressive bent than much of the rest of the continent, with a long historical tradition of civic activism and fighting for human rights. The Sunflowers did not come out of nowhere: they were a continuation of the same cultural traits that brought about the Qing-era rebellions, revolts and home-rule movements under the Japanese and the fight against dictatorship in the 20th century which was composed of several social movements.

As I see it, this rich history was borne of a culture perhaps not quite as beholden to Confucianism as the writer implies. That’s not to say Taiwanese culture is not influenced by Confucian thought: of course it is, to some extent. But remember how Taiwanese society came to be. There are Austronesian cultural roots in which Confucianism has no place, and in which women enjoyed higher status than in much of China (the role of women in Confucianism is, frankly, tragically unsuited to modern society). Added to that, immigrants from China first enticed to come to Taiwan by the Dutch and then, under the Qing, of their own volition (despite this being illegal for a good portion of Qing rule of Taiwan). What person happy with their role in society picks up their life to move to a wild, jungle-covered island, whether at the behest of a bunch of pasty foreign Red Hairs or simply because they want to, even when they are technically not allowed? How traditionally Confucian could the thinking of such a person be, leaving their family home and going against the edicts of their emperor, where Chinese women were not allowed (for some time) and where indigenous women held a higher status in local society than the women they were leaving behind?

That is to say, these early immigrants were often rebels, drifters, weirdos, adventurers, opportunists, riffraff (I would imagine there were more than a few petty criminals among them), pirates or simply people down on their luck.

This is not a criticism. This is praise. This is the foundation of a society that fights back, thinks for itself and is willing to stand up for what it wants. This is not a society of blind obedience, regardless of what notions you might have about ‘Asian cultures’. Give me these guys any day over people who do what they are told and in turn exert control over their wives and descendants. Perhaps it means Taiwan did not develop as peacefully as it could have, but peace is overrated if it doesn't come with justice.

To me, just living among the descendants of these people as well as the indigenous Taiwanese, I have come to understand that Confucianism plays a role in Taiwanese society but is not the key driver that people often assume it is (perhaps because they are predisposed to thinking that all East Asian societies live and die by that philosophy without thinking more deeply about it). In my experience, Daoism (the “everybody just chill” / “you do you” of ancient philosophies) as well as a healthy dose of just being people seeking the best possible life for themselves without worrying too much about the philosophical underpinnings of social order hold just as much, if not more, influence.

If anything, the Confucianism that does exist in Taiwan is arguably more tied to the relatively recent arrival and decades-long control of Taiwan by the KMT, a party very much bathed in the Confucian tradition and the main driver behind the Republic of China, which espouses a very Confucian-style government.

This interpretation of Taiwan’s cultural origins lends itself to a society more predisposed to accepting others as they are, at least outside of their family (within a family things get more complicated), and predisposed to rebelliousness (in a good way - not just accepting the government they are given but fighting actively for the government they want).

What I’m trying to say here is that If any Asian culture was going to be at the forefront of marriage equality and LGBT acceptance, it was going to be Taiwan. And if any Asian culture was going to be so civically engaged and fiercely defensive of a vibrant democracy that they themselves fought for and built, again, it was going to be Taiwan.

Both political activist/Taiwanese identity movements and the LGBT rights movement stem from this. One did not grow from the other: they sprang from the same origin. The success of LGBT acceptance and marriage equality activism in Taiwan - as compared to the rest of Asia - are because of something inherent to Taiwanese culture that is not typically associated with 'Asian cultures' (whether these stereotypical ideas of such cultures are fair or not - and I'd argue mostly not). Other activist movements are too, but they are more like twin siblings.

That's not to say that civic activism in Taiwan hasn't influenced LGBT activism. As I pointed out to my friend, the Sunflowers were the catalyst of an awakening in Taiwan. Without that awakening the number of people actively fighting for marriage equality would likely be lower. The LGBT rights movement here has support from many straight, cisgender allies (myself included). This would still be the case even if the Sunflower Movement had never happened, but it’s unlikely that the crowds would be quite the same size. But, the movement would certainly still exist, just as it had done before 2014.

There are also ways that the Taiwanese identity movement and the LGBT acceptance and marriage equality movements diverge. Taiwanese identity is especially strong in rural Taiwan and the south, where support of the LGBT movement still struggles for support. This is a part of why, while the traditionally pro-independence DPP supports marriage equality somewhat more than the more traditionally China-oriented KMT, their support is not universal and is at times lukewarm: while there is a correlation, being pro-Taiwan does not automatically translate into being pro-marriage equality or accepting LGBT people for who they are (and yet tends to support social movements). And while the KMT tends to be more oriented towards a vision of Taiwan that is ultimately Chinese, with traditionally Chinese cultural roots that include Confucianism, and as a result less open to both social movements and LGBT acceptance, you will find supporters of marriage equality in their ranks.

That said, I do agree that in the modern Taiwanese identity movement, building a better country for its own sake, rather than defining Taiwan in terms of how it is not a part of China, is a key factor. A modern, international Asian nation in which everybody is accepted for who they are, ethnicity is not the key driver of what makes Taiwan unique, and everybody has equal rights (including LGBT people) is a part of that identity and, among the youth especially, is inextricable from it. To some extent, they do feed off each other. However, this feeding seems to be to be a mutual energy exchange, not of one "propelling" the other.

So, in the end, while there are a lot of good things to say about this article in terms of the background information on the history of Taiwanese identity and LGBT rights movements, and I agree with quite a bit of it, there are some areas where I feel it either gives too much credence to certain views of social order (i.e. Confucianism) and others where it assumes a causation that I’m not sure is entirely merited - inferring a parent/child-style relationship to Taiwanese identity and LGBT rights where I think a “two siblings” metaphor is more apt. 

Neither marriage equality nor Taiwanese independence are strange or scary - stop making them seem that way for clicks

As we all know, and the reasonable among us have celebrated, marriage equality is finally set to come to Taiwan. I personally do not think any of the worst fears of retaliation by anti-equality groups will come to pass, because the ruling was clear. Inequality is unconstitutional, therefore, there must be equality. Unequal laws passed off as "marriage equality" will not suffice and it seems to me will be open to immediate challenge in court.

You wouldn't know that from reading Taiwanese English-language media though.

Have a read through these articles, or even just check their headlines:

Same-sex marriage age to be set at 18

Cabinet mulls introducing marriage age of 18 for same-sex couples

What's your first impression upon skimming the headlines? Was it that the marriage age for same-sex couples seems like it will be different (and older) than that currently set for opposite-sex ones?

Look again at the first paragraphs (or first few paragraphs) of each:

The Executive Yuan yesterday said that its proposal to legalize same-sex marriage would set the legal age for such unions at 18 and engagement at 17, while prohibiting those within the sixth degree of consanguinity from getting married.

The Cabinet held a second ad hoc meeting to establish the goals that it is to work toward in the legislative process to legalize same-sex unions.

After reviewing the chapter in the Civil Code governing marriage, the Executive Yuan said that homosexual couples would have to be at least 18 to get married and at least 17 to become engaged, Executive Yuan Secretary-General Chen Mei-ling (陳美伶) told a news conference in Taipei.

The Civil Code stipulates that heterosexual couples must be at least 18 to be legally united and at least 16 to be engaged.

* * * 

Taipei, June 14 (CNA) The Executive Yuan is considering making the minimum age at which same-sex couples can get engaged and marry 17 and 18 respectively, irrespective of gender, a Cabinet official said on Wednesday.

In fact, in the middle or at the bottom - not in the headline, not at the top - of both articles, it is clarified that the marriage age for heterosexual couples is proposed to change too, so that the age regulations will be the same no matter the sex(es) of the couple:

Chen said that the Cabinet would recommend that the legal age at which heterosexual couples can be engaged be changed to 17 so that the rules would be consistent.

* * *
Although Taiwan's Civil Code currently has a different minimum age requirement for men and women in heterosexual unions, the Executive Yuan's proposed legal amendment would make the minimum engagement and marriage age the same for homosexual and heterosexual unions, Cabinet secretary general Chen Mei-ling (陳美伶) said during a meeting.

I understand why Taipei Times and Focus Taiwan did this: marriage equality is a hot issue, and articles about it get clicks. Articles on changing the marriage age are less likely to be read - marriage age changes, especially fairly small ones, are just not that interesting. You can basically get what you need to know from the headline.

It's the same rationale behind why China seems to be horned into every single article (even headline) in the international media about Taiwan, even when it isn't in any way relevant. So we end up with stupid headlines like Tsai Ying-wen elected president of Taiwan, China angry or China likely to be upset about marriage equality in Taiwan? (I made those up, but they're pretty close to the truth). China gets clicks, Taiwan doesn't, so editors complicit in mutilating Taiwan's story in the international press shove China in there like an unlubed butt plug.

And I know this is why they do it because more than one journalist friend has told me so. They *shrug* and say "it's better that the article be published at all than it be spiked because nobody's going to read about just Taiwan." Quite literally if you want to be in the news at all you have to bend over and take it. 

So it is with marriage equality, except it doesn't even come with the excuse of "if you want this news out there at all you have to accept the butt plug" that the China-shoving does. It's just put in there to be sensationalistic and get clicks over what is a relatively minor news item, which deserves to be published but maybe wasn't going to get all that many clicks anyhow...and that's okay for something that, again, is just not that interesting. It's not serving any greater purpose.

It's just as damaging domestically, however, as the China butt-plugging is internationally, if it's also happening in the Chinese-language media (it probably is, but I'm traveling right now and don't have the time to properly check. Some back-up on this would be greatly appreciated).

What articles like these do is make marriage equality seem riskier, stranger, scarier, more sensational and more 'exotic' than it really is by highlighting what the rules are likely to be for same-sex unions while downplaying that the proposals would make these rules the same for opposite-sex couples. It damages the idea of marriage equality as a step forward in human rights, in a greater application of equality for all, and, frankly, as something normal, even mundane - which it more or less has become in much of the developed world. The ruling was a big deal. Marriage equality coming to Taiwan is a big deal. Setting the marriage age and proposing to change the heterosexual marriage age to be consistent is not. Continuing to treat marriage between people of the same sex as somehow different from marriage between people of the opposite sex encourages readers to think that way, and confirms the biases of those who already do. It's not neutral and it's barely accurate.

It's not that much different from the international (and sometimes domestic) press playing up every single tremor of disapproval from China, presenting their statements without context, making everything seem more terrifying or unprecedented than it really is, instead of accurately reporting the truth on the ground, which is rather mundane: Taiwan is independent, China doesn't like that, but China can fuck right off and so far not much has really changed. It is not neutral, barely accurate (or not accurate at all), creates sensationalism and otherness where none need exist, encourages a certain thought process, and plays to biases for those who already have them. It hurts Taiwan in the same way that writing about marriage equality this way is detrimental to a broader acceptance of equality.

Going back to marriage equality, what's worse is that there does seem to be at least one problematic proposal on the table that, from the reporting, would seem to affect opposite-sex couples but not same-sex ones. From the Taipei Times article:

Same-sex couples younger than 20 who want to get married must obtain the approval of their legal guardians, or the marriage could be voided should their legal representatives file an objection, she [Chen Mei-ling] said.

This is buried about halfway down one article and not mentioned in another, and yet to me it appears to be the real news item here - unless this proposal would cover all couples equally, it is a sign that the Executive Yuan is mulling a rule that would create unequal marriage laws, which, as I've said several times, will be open to all sorts of challenges as the ruling is unambiguous in calling for equality. 

But neither Focus Taiwan nor Taipei Times can seem to get their heads out of 'what'll get the most clicks' land and report actual news.

First in Asia? I think so.

I have a habit of always being connected to things, but never quite being there when the big events happen. So it is again with the absolutely huge ruling from Taiwan's highest court stating that not allowing same-sex couples to marry was unconstitutional. 

There are both good and problematic things about the ruling, but before we get into that, can we just take a minute to jump up and down and celebrate? This is HUGE. Let's just take a few minutes not to undercut that with doubts and rainclouds and just celebrate something good for a bit, 'k?

I mean it - I happen to not be in Taiwan right now, but before I could even get into the meat of this ruling, I immediately flicked off Airplane Mode upon landing at Heathrow (we have a connection to Athens that we're still waiting for), knowing the ruling would be out today, and went straight for the news. I was so happy to read those two three little words - "rules in favor" - that I started crying and jumping up and down on an escalator. Sometimes you've just got to be all holy crap holy crap oh my god holy crap congratulations Taiwan oh my god we did it we did it oh my god oh my god holy crap good job Taiwan wow wow wow wow WOW wow WOWWWW wowowowowowowowowow yayyyy!!! yayayayay yay yay yay YAY YAY YAY!!!!!

We've earned it. Celebrate, and don't feel bad about that. I am so proud to call Taiwan my home today. Good job.

I haven't been able to read the whole ruling yet - walking across an airport in tears will make that hard - but let's start with the good, because we deserve some good.

The good is that the court ruled that the civil code laws barring same-sex couples from marrying, and I quote, "are in violation of both the people’s freedom of marriage as protected by Article 22 and the people’s right to equality as guaranteed by Article 7 of the Constitution", and gave two years for the Legislative Yuan to amend the law accordingly. The mood across the country appears to be one of celebration, and yes, this ruling is historic as it is the first high court in Asia (as far as I am aware) to hand down such a ruling. Taiwan looks set to be the first country in Asia to realize marriage equality.

It is enough to make one cry, and I did.
More of the good: I do think this means that same-sex couples will get equal rights. To pass an additional civil code regulation allowing "civil unions" but not giving those civil unions the full equal rights of opposite-sex married couples would violate the spirit of the ruling and be open to challenge, and I'm sure the legislature knows that.

So, while it would not be optimal to call same-sex unions 'civil partnerships' and categorize them separately, if equality is the goal, then we need to stay focused on that. The court said clearly that the order of the day is equality, and if that means a bit more of a battle to change civil partnerships (which, by court order, must be equal, no? I'm no lawyer but this seems obvious to me?) to 'marriage', then that will still be a battle to end separate categorizing during which same-sex couples have equal rights. Again, that's not ideal, but it's a damn sight better than the alternative of no marriage equality at all.

I do also think this means Taiwan will be the first country in Asia to realize marriage equality. While I suppose it is possible for another country to get there sooner, I highly doubt this will happen. First, because no other country in Asia seems interested in beating Taiwan to this particular finish line, though activist groups in many certainly would like to see marriage equality become the norm in their respective countries (and if you don't think most Asian countries have activist groups because you stereotype Asia as uniformly conservative, you don't know Asia), the attitude I generally perceive is one of it either not being on the radar for any given country. I could also imagine other countries essentially waiting for someone else to take this step - perhaps more Asian nations will finally realize equality, but none seems as eager as Taiwan to be the first.

If the Legislative Yuan does nothing in these two years, after that time marriage equality will be de facto legal. I do not think any other country in Asia is within two years of this. Frankly, even if they were, isn't more equality for more people the true end goal, rather than the distinction of being "first"? Yes, it would be helpful for Taiwan's international image, but remember, the goal is not accolades but equality and the more of it the better. I just don't see the point in fretting too much about this.

Now for the potentially bad:

Just because anti-equality groups seem to be quiet today doesn't mean they're going away. They can't do much about this - which is why I'm happy it went through the court and not the legislature - but they'll probably push for delays, for 'civil partnerships', for whatever they can push for to oppress LGBT people for their own selfish reasons (yes, if you are anti-equality, your personal dislike of LGBT people driving your desire to keep them from attaining equal rights is selfish and it is bigoted). Two years is a long time, and it remains to be seen whether the DPP will get this over with soon or hem and haw and let it become an electoral issue. I really hope it's the former, because the goal is equality as soon as possible. Alternatively they could wait out the two years and just let marriage equality become de facto legal.

And, remember, despite what Facebook chatter is saying, this does not mean marriage equality is automatically legal right now - more needs to be done.

But this is huge, and we all deserve a good drink, a good dance, a good hug, a good cry, and a good party. 

I am so happy for you, Taiwan. So, so happy.