LGBT rights in Taiwan
The rights of lesbian, gay, bisexual, and transgender (LGBT) people in the Republic of China (Taiwan) are regarded as the most comprehensive of those in Asia. Both male and female same-sex sexual activity are legal, and same-sex marriage was legalized on 24 May 2019, following a Constitutional Court ruling in May 2017. Same-sex couples are able to jointly adopt children since 2023. Discrimination on the basis of sexual orientation, gender identity and gender characteristics in education has been banned nationwide since 2004. With regard to employment, discrimination on the basis of sexual orientation has also been prohibited by law since 2007.
LGBT rights in the Republic of China (Taiwan) | |
|---|---|
Republic of China (Taiwan, Penghu, Kinmen and Matsu Area) | |
| Status | Legal |
| Gender identity | Sex reassignment surgery not required to change gender on official documents since 2021 |
| Military | All sexual orientations are allowed to serve openly. However, transgender people are prohibited. |
| Discrimination protections | Sexual orientation discrimination prohibited in education, employment, and all other areas; Gender identity discrimination prohibited in education |
| Family rights | |
| Recognition of relationships | Same-sex marriage since 2019 |
| Adoption | Full adoption rights since 2023 |
The Executive Yuan first proposed the legal recognition of same-sex marriage in 2003; however, the bill received strong opposition at that time and was not voted on in the Legislative Yuan. 14 years later on 24 May 2017, the Judicial Yuan ruled that the existing marriage law was unconstitutional, and that same-sex couples should gain the right to marry. The court gave the Legislative Yuan a maximum of two years to either amend existing laws or enact laws to provide legal recognition of same-sex marriage. According to the court ruling, if it failed to do so by 24 May 2019, same-sex marriage would automatically become legal for the first time in Asia.
Although a 2018 Taiwanese referendum rejected same-sex marital rights 68% to 31%, it was ultimately vetoed by the government, affirming the court ruling. On 17 May 2019, the Legislative Yuan approved a bill, submitted by the Executive Yuan, recognizing marriage for same-sex couples. The bill was signed into law by President Tsai Ing-wen on 22 May and went into effect on 24 May. Thus, Taiwan became the first country in Asia to recognize same-sex marriage at the state level.
The first Taiwan Pride was held in Taipei in 2003. By 2015, when the event was attended by 80,000 participants, it had become the second-largest LGBT pride in Asia, behind Tel Aviv Pride in Israel, which has led many to refer to Taiwan as one of the most liberal countries in Asia as well. By 2019, attendance had grown to 170,000 participants.