The Mainland Affairs Council (MAC) of Taiwan announced on Sept. 19 that same-sex Taiwanese and Mainland Chinese couples can legally register their marriages in Taiwan.
Taiwan has long been at the forefront of the burgeoning LGBTQ+ rights movement in Asia, becoming the first in the continent to legalize gay marriage in 2019 following a years-long legal battle.
Taiwan MAC spokesman Liang Wen-chieh announced that the move will allow Taiwanese-Chinese same-sex couples to be subject to the same regulations governing heterosexual couples in Taiwan.
These same-sex couples would first have to be legally married in one of the countries that recognize same-sex marriages. Once this is done, they must file their marriage certificates and other relevant documents to the MAC, and relevant agencies will then make contact with the couples and conduct interviews.
"Only after passing the interview on the border [at the airport and ports] can they enter the country to register their marriages," said Liang. "This is our current principle for cross-strait marriages. The government upholds the principle of treating same-sex marriage and heterosexual marriage equally."
The move comes over a year after Taiwan announced it was lifting restrictions on recognizing transnational same-sex marriages, or marriages between one Taiwanese citizen and a foreigner of the same sex.
The decision was made by the Taiwanese Ministry of the Interior's Department of Household Registration Affairs, which stated that two people of the same sex may not be denied the right to "establish a permanent union with intimacy and exclusiveness for the purpose of living together" in Taiwan.
Before this development, Taiwan only legally recognized same-sex marriages where both members of the partnership were from countries that also legalized same-sex marriage.
National security concerns raised with Chinese citizens potentially obtaining Taiwanese IDs through gay marriage
There are an estimated 360,000 Chinese spouses of Taiwanese citizens living in Taiwan, the vast majority of whom are in heterosexual marriages. All of these spouses have to wait six years before they can apply for citizenship in Taiwan. Concerns have been raised that many more homosexuals from China will try to obtain Taiwanese IDs through gay marriage.
Same-sex marriage is currently not recognized in China. (Related: Taiwan asserts its right to defend itself and to COUNTER-ATTACK if China invades.)
"Our current regulation is that if we recognize your marriage, you can apply for residency [in Taiwan], and after completing the process, you can apply for permanent residency," Liang stated.
But the Taiwanese spokesman said the final stage of the procedure to acquire Taiwanese IDs, homosexual Chinese spouses must cancel their household registration in China.
Liang highlighted how the longer wait times have long been in place "to prevent cross-border fake marriages and avoid problems of national security and social order."
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