Taiwan's constitutional court has declared that same-sex couples have the right to legally marry – the first such ruling in Asia – sparking celebration by activists who have been campaigning for the right for years.
Supporters hug each other during a rally after Taiwan's constitutional court ruled that same-sex couples have the right to legally marry, the first such ruling in AsiaTyrone Siu/Reuters
In its majority opinion, the court said a provision in the current civil code barring same-sex marriages violated two articles of the constitution safeguarding human dignity and equality under the law. Authorities must now either enact or amend relevant laws within two years, failing which same-sex couples could have their marriages recognised by submitting a written document, the court said.
A bill to enforce the ruling is already working its way through the legislature, where both the ruling and major opposition parties support legalisation of same-sex marriage. Surveys show a majority of the public is also in favour, as is President Tsai Ing-wen, Taiwan's first female leader.
The ruling was greeted with rapturous applause outside the legislature not far from the court in the centre of the capital, Taipei, where hundreds had gathered with rainbow flags and noisemakers emblazoned with slogans in favour of gay marriage. "This ruling has made me very happy," said Chi Chia-wei, a veteran gay rights activist who had petitioned the court to take up the issue.
Chi Chia-wei, 59, a gay rights activist, one of the petitioners who brought the case to the constitutional courtTyrone Siu/ReutersA supporter reacts during a rally after Taiwan's constitutional court ruled that same-sex couples have the right to legally marryTyrone Siu/ReutersA supporter waves a rainbow flag during a rally after Taiwan's constitutional court ruled that same-sex couples have the right to legally marryTyrone Siu/ReutersSupporters attend a rally after Taiwan's constitutional court ruled that same-sex couples have the right to legally marryTyrone Siu/ReutersSame-sex activists are brought to tears outside the parliament in Taipei as they celebrate the landmark decision paving the way for the island to become the first place in Asia to legalise gay marriageSam Yeh/AFPSupporters wave their mobile phones in the colours of the rainbow outside parliament in TaipeiTyrone Siu/Reuters
Ahead of the ruling, Reuters photographer Tyrone Siu captured portraits of same-sex couples and asked them about their hopes for the future.
Daniel Cho, 37, a container ship captain and Chin Tsai, 48, a homemaker, pose for a photograph in Taipei. "Daniel relocated to New York for his job, but since the Taiwanese government doesn't recognise our relationship, I canít apply for a spousal visa to go with him," said Tsai. "If it passes on (Wednesday), we will be the first in line on Thursday morning to the registry of marriages."Tyrone Siu/ReutersHare Lin, 42, a publisher, and Cho Chia-lin, 47, a writer, pose for a photograph in Taoyuan. "When I first held the gay parade in 2003, there were only around a thousand people, but a few years later, the march is attended by 50 to 60 thousand," Lin said. "Also there are artists, politicians, council members, and even a presidential candidate. I believe this world can be changed. I believe Taiwan can be changed."Tyrone Siu/ReutersSolo Lee, 32, an artist's agent and Lisa Cho, 25, an administrative assistant, pose for a photograph in New Taipei City. "In my view, love is simply a goodness, it makes people happy," Lee said. "We are the same as heterosexuals in love: we only love one person."Tyrone Siu/ReutersLeber Li, 35, a restaurant owner, drives with Amely Chen, 35, and their son Mork, in Yilan, Taiwan. "It was our dream to have children. We have a child through artificial insemination, but only one of us can be registered to be the mother, while the other without a blood connection has no way to exercise the legal duty of being a parent. This is so unfair. The baby has the love of two mothers. It does not matter how a family is formed as long as there is love. The baby can face anything in the world if the love between us is strong," said Chen.Tyrone Siu/ReutersHuang Zi-ning, 19, a student and Kang Xin-fang, 19, a part-time student, pose for a photograph in Taoyuan. "Anti same-sex marriage groups say they go against us because they want to protect the next generation. But I am the next generation. Why do they listen to those who are about to die instead of our voices? We need to speak out," said Zi-ning.Tyrone Siu/ReutersWang Yi, 32, an artist and Meng Yu-mei, 34, a sales assistant, pose for a photograph in New Taipei City. "You think we want to go through all of this hardship? We have difficult relationships with our parents. We had very complicated feelings about this. If it was possible, I would rather I was not gay. But I felt the discussion of same-sex marriage is what a free country should do under the rule of law. Everyone can go against us, but we can go against them too. The discussion is fair. Taiwan is a democratic country," Yi said.Tyrone Siu/ReutersHuang Chen-ting, 30, a school administrator and Lin Chi-xuan, 28, a personal trainer, pose for a photograph in Taipei. "We are the same as heterosexuals. Discrimination has taken many forms, from the skin colour of the black slaves in the past, to sexual orientation at the moment, but all of us are human beings. We all fight for fair treatment," Chi-xuan said.Tyrone Siu/ReutersDaphne Chiang, 32, tries on a wedding dress with her same-sex partner Kenny Jhuang, 33. They were considering a white suit for Kenny, to match a white wedding dress Daphne favoured. "Once it passes we'll have everything, further protection," said Daphne. "But before that, we have to make the most of what we have."Tyrone Siu/Reuters
Despite the spread of same-sex marriage in a few regions since 2001, gay and lesbian couples have been allowed to marry in only 22 of the world's nearly 200 countries. Taiwan is the first government to legalise such unions in Asia, where socially conservative attitudes largely hold sway, while South Africa is the only country in Africa to allow them. More than 70 countries continue to criminalise homosexual activity.
Globally, the pace of civil rights victories has slowed against the background of a steady stream of reports of anti-gay violence and persecution. Recent weeks have witnessed large-scale detentions of gay men in Nigeria and Bangladesh, and accounts of roundups and torture of scores of gays in Chechnya. In Indonesia, a major police raid on a gay sauna was followed two days later by the public caning of two gay men.
