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Love Across Borders: The Challenge of Cross-Strait Same-Sex Marriage

Ryan and Righ’s relationship has often been likened to a Shakespearean tale, filled with poignant challenges and aspirations for a happy conclusion. Their journey began in 2016 when Righ, who hails from China, visited Kaohsiung, Taiwan, where Ryan resides. What began as a casual chat by the picturesque “Love River” soon blossomed into a heartfelt romance, overcoming the historical complexities of cross-strait relations.

Despite Righ’s return to Beijing and Ryan’s commitment to running a guesthouse in Taiwan, they maintained a long-distance relationship for several years before deciding to pursue marriage.

“Like Romeo and Juliet, we hoped for a happy ending,” Ryan reflects. “Their love had many obstacles, but we believed that if it was meant to be, we could overcome anything.”

In 2019, when Taiwan became the first Asian nation to legalize same-sex marriage, the couple thought their moment had finally come. However, their excitement was tempered by the harsh reality that they, along with over a hundred other couples, were ineligible to marry simply because one partner was a Chinese national.

“We felt a deep sadness even as we joined in the celebrations of others. We couldn’t celebrate for ourselves,” shares Righ.

The legal landscape for cross-strait marriages is markedly complex, driven by national security concerns and the fraught relationship between Taiwan and China. Under current Taiwanese regulations, couples must marry in China before their marriage can be recognized in Taiwan. This process is further complicated by the requirement for interviews to verify the legitimacy of the marriage and to assess the potential security risks posed by the Chinese spouse.

As same-sex marriage remains illegal in China, many couples find themselves trapped in a precarious position, unable to fulfill the necessary initial step due to this prohibition. Advocacy groups assert that Taiwan stands alone in imposing such restrictions based on nationality in the realm of same-sex marriage.

While Taiwanese citizens like Ryan can live and work in China, many LGBTQ+ couples resist moving there due to the country’s limited protections and acceptance of sexual orientation.

“We desire societal acknowledgement and legal protection of our marriage, which China does not offer,” says Righ.

Amid these challenges, some couples have begun to challenge Taiwanese authorities legally. With the backing of the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR), Ryan and Righ are leading this important struggle.

They were married in the United States, where same-sex unions are legally recognized, and are now fighting to have their marriage acknowledged in Taiwan. If successful, they could become the first cross-strait same-sex couple legally married in Taiwan.

“Our lawsuit holds significance for the entire LGBTQ community, both in Taiwan and mainland China. There is a collective anticipation regarding its outcome,” Ryan states.

The core of their legal battle centers around the ability to initiate the marriage interview process and to have their U.S. marriage records registered in Taiwan. The courts have acknowledged various aspects of their case favorably on two occasions; however, after years of legal proceedings, they remain unable to finalize their marriage.

A recent ruling indicated that the Immigration Department should allow Ryan and Righ to start the marriage interview process. In light of this, Taiwan’s Mainland Affairs Council recognized that the issue could generate societal controversy and indicated a need for further consultations.

As tensions surrounding China-Taiwan relations persist, along with ongoing debates about LGBTQ+ rights, TAPCPR argues that the matter is administrative, lacking a decisive governmental authority willing to resolve it.

“Cross-strait couples should inherently have the legal right to marry in Taiwan,” insists Victoria Hsu, a lawyer for TAPCPR. “This issue boils down to political will.”

Hsu believes that should the president signal support for cross-strait marriage equality, a swift resolution could be on the horizon.

“We aspire for our legal fight to alter the government’s stance and galvanize necessary actions to realize genuine marriage equality,” Hsu adds.

The ruling Democratic Progressive Party has expressed that “Taiwanese citizens’ freedom to marry shall be respected and protected by the law, irrespective of their partner’s nationality. We believe the government will draft legislation that addresses both the right to marry and national security.”

Despite these reassurances, a prevailing sense of pessimism lingers among some in the LGBTQ community. “Many feel disheartened, some too overwhelmed to even express anger,” Ryan conveys. “It is more a profound sadness, a perception of dwindling hope.”

However, Ryan believes that their legal endeavors offer a crucial lifeline to the community. “Without it, the feelings of helplessness would only deepen,” he notes.

With contributions from Edison Tseng

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www.theguardian.com