Introduction:
Since 2020, Asia has made significant steps towards LGBTQ+ equality as a continent. The jurisdictions of Taiwan, Thailand, and the writer’s home city of Hong Kong are among the Asian jurisdictions to recently introduce significant LGBTQ+ reforms.
Taiwan:
LGBTQ+ rights in Taiwan are regarded as the most comprehensive in Asia. Taiwan’s judiciary first ruled in 2017 that the existing marital laws, which did not allow same-sex marriage, was unconstitutional. (Reuters) A referendum was then held in 2018 in an attempt to legalize same-sex marital rights – though the rejection votes triumphed over supporting votes by a significant margin, lawmakers nevertheless decided to legalize same-sex marriage, affirming the 2017 court ruling. (CNN) The same-sex marriage bill was then officially signed into law by then-President Tsai Ing-wen in 2019, making Taiwan the first in Asia to recognize same-sex marriage at the state level. (BBC)
Thailand:
Thailand has been well-known among Asian people perhaps not for its delectable local delicacies or its rich history, but for being a country with a long-standing transgender culture, to the point that there is even a formal term coined for such a culture. Kathoey (pronounced cat-hway), which roughly translates to “ladyboy” in English, was believed to carry up to 1000 years of history behind its name and started to come to the attention of the Thai public as early as the 1960s. (Peter Jackson) The true meaning of this term, if not controversial, varies from one Kathoey to the other. Some embrace the label, while another might view it as a derogatory slur.
Another groundbreaking development in Thailand’s LGBTQ+ rights lies in the recent legalization of same-sex marriage. In 2020, the now-defunct Move Forward Party introduced a bill legalizing same-sex marriage. (Thai Enquirer) Then-Prime Minister Srettha Thavisin from the Pheu Thai Party announced in November 2023 that his cabinet has endorsed a draft same-sex marriage law (Bangkok Post), echoed by all major political parties in Thailand pledging that they would endorse the bill. (CNN) In June 2024, the bill was officially passed by both houses of Thailand’s parliament (Human Rights Watch), and in September, King Vajiralongkorn officially signed the bill into the Royal Gazette, making Thailand the first Asian UN member state to pass a comprehensive legal framework legalizing same-sex marriage, which will officially come into effect on 22 January this year. (BBC)
Hong Kong:
Hong Kong, being a British colony until 1997, has LGBTQ+ laws mainly reflecting pre-1997 British laws. After the return of sovereignty of Hong Kong to China, subsequent developments in LGBTQ+ rights in the UK would not be mirrored in Hong Kong. Recent court judgments have made big steps towards further rights granted to the city’s LGBTQ+ community.
Case | Rights granted / ratio decidendi |
W v Registrar of Marriages (2013) | Post-operative transgender individuals’ right to marry under their affirmed gender identity. |
QT v Director of Immigration (2018) | The Immigration Department’s differential treatment of same-sex and opposite-sex couples in its dependent visa policy unlawfully discriminates homosexuals on the basis of sexual orientation. |
Leung Chun Kwong v the Secretary for the Civil Service and others (2019) | Same-sex couples legally married in a foreign jurisdiction’s eligibility for joint income tax assessment. Rights of spouses of gay civil servants to receive spousal benefits. |
Q and Henry Edward Tse v Commissioner of Registration (2023) | Right of transgender people who have not undergone gender affirmation surgery to change their gender on their Hong Kong Identity Cards (HKIDs). |
Ng Hon Lam Edgar v The Hong Kong Housing Authority (2023) | Right of married same-sex couples to receive equal treatment while applying for the Home Ownership Scheme (a form of subsidized housing in Hong Kong). |
Ng Hon Lam Edgar v Secretary for Justice (2023) | Right of same-sex couples to legal entitlements and benefits under intestacy and inheritance laws. |
Sham Tsz Kit v Secretary for Justice (2023) | The Hong Kong government ought to provide an alternative legal framework recognizing same-sex partnerships in 2 years (by 2025). |
Author’s afterword:
Edgar Ng, Plaintiff in Ng Hon Lam Edgar v The Hong Kong Housing Authority and Ng Hon Lam Edgar v Secretary for Justice, passed away in 2020 by suicide at the young age of 33. At the time of his death, he was still expelled from the Catholic Church of Hong Kong due to his sexual orientation and his marriage to Henry Li, since a widower, who carried on Edgar’s lawsuits against the government. Edgar and Henry have since won both lawsuits against the government.
Jimmy Sham Tsz Kit, Plaintiff in Sham Tsz Kit v Secretary for Justice, won the lawsuit against the government. Even though his case demands the government to introduce a legal framework acknowledging the marital rights of same-sex couples, there has been no sign of any drafts or public consultation as of the date of writing.
References and Further reading:
“臺灣民主化後同志人權保障之變遷” [Taiwan post-democratization changes on LGBT human rights protection] (Kuan, Hsiao-Wei)
“Taoist homosexuals turn to the Rabbit God” (Taiwan Times)
“Taiwan court rules in favour of same-sex marriage, first in Asia” (Reuters)
“Taiwan legalizes same-sex marriage in historic first for Asia” (CNN)
“Taiwan gay marriage: Parliament legalises same-sex unions” (BBC)
“Performative Genders, Perverse Desires: A Bio-History of Thailand's Same-Sex and Transgender Cultures” (Peter Jackson)
“Move Forward Party to push bill granting same-sex marriage in Thailand” (Thai Enquirer)
“Parliament passes marriage equality bill, 3 other drafts” (Bangkok Post)
“Marriage equality bill for parliament next month” (Bangkok Post)
“Thailand’s lower house passes bill to legalize same-sex marriage” (CNN)
“Victory for Same-Sex Marriage in Thailand” (Human Rights Watch)
“Thai king signs same-sex marriage bill into law” (BBC)
“Thailand’s Senate overwhelmingly approves a landmark bill to legalize same-sex marriages” (AP)
“Key Court Cases” (Hong Kong Marriage Equality)
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