Change beyond taboo: Society first, but politics should answer too (Marriage for all: Questioning the right to oppose)

“It’s just marriage,” a joint feature by Kyunghyang Shinmun and Amnesty International Korea
① South Korean, Taiwanese and Japanese politicians talk about LGBTQ rights and the freedom to marry

Justice Party legislator Jang Hye-yeong(left), who proposed the Marriage Equality bill, holds a video conference with a member of the Constitutional Democratic Party of Japan and a representative in the House of Councillors and Taiwanese legislator Fan Yun (55) of the Democratic Progressive Party (DPP) (right), at the headquarters of Kyunghyang Shinmun in Seoul on September 19. By Lee Jun-heon

Imagine not being able to be a caregiver in the hospital when your loved one is sick or not being able to make plans with the person you want to build a future with. The idea that society can restrict the right of people in love to become a couple does not seem reasonable, but for same-sex couples, the reality is different. Since the Netherlands legalized same-sex marriage in 2001, there are now 35 countries that legally recognize same-sex marriage. In East Asia, Taiwan was the first to legalize same-sex marriage in 2019, and in May, Taiwan extended adoption rights to same-sex couples. The Legislative Yuan (Taiwan’s parliament) passed an amendment that allows same-sex couples to jointly adopt a child who is not related to either party.

A major turning point for LGBTQ rights in Japan came in 2015, when the Shibuya Ward in Tokyo passed an ordinance to issue common-law marriage certificates to same-sex couples. Last March, the Sapporo District Court first ruled that it was unconstitutional to deny same-sex couples the legal effects of marriage. This was followed by a similar “unconstitutional” ruling in Nagoya and rulings recognizing the “unconstitutional status” in Tokyo and Fukuoka.

In South Korea, change is coming, albeit slowly. In February, a court ruled that same-sex couples should be eligible to be registered as dependents for the National Health Insurance. In May, Justice Party legislator Jang Hye-yeong introduced three bills on the right to found a family: the marriage equality bill, the non-marital childbirth act, and the life partner act. This was the first time a bill to legalize same-sex marriage was proposed in South Korea.

The Kyunghyang Shinmun, in a joint effort with Amnesty International Korea, conducted this project with the idea that listening to the stories of East Asian countries, such as Taiwan and Japan, could provide clues for expanding LGBTQ rights. First, on September 19, we hosted a Zoom conversation with the Taiwanese legislator Fan Yun (55) of the Democratic Progressive Party (DPP); Ishikawa Taiga (49), a member of the Constitutional Democratic Party of Japan and a representative in the House of Councillors; and Korean lawmaker Jang Hye-yeong (36) of the Justice Party. Fan Yun is a professor of sociology at the National Taiwan University and has been a women’s rights activist for over two decades. She became a Democratic Progressive Party lawmaker in 2020. Ishikawa is an openly LGBTQ politician who was elected to the Toshima Ward Assembly in Tokyo in 2011. He became a member of the House of Councillors (upper house) in 2019. Jang Hye-yeong was elected as a representative in the National Assembly in 2020 and has been advocating the basic rights of various social minorities in parliament.

KH: Until 2018, opposition was so strong in Taiwan that a petition by a conservative group led to a referendum on same-sex marriage.
Fan Yun: This was the result of long efforts by women’s and LGBTQ groups to constantly put the issue on the agenda. Smaller parties continued to discuss legalizing same-sex marriage and influenced other parties, and eventually the Democratic Progressive Party came to endorse a LGBTQ candidate. Despite the setback after the referendum failed, the DPP government continued to communicate and enacted the special law in 2019. Before and after the bill was passed, many DPP legislators faced boycotts in their constituencies, but they worked to stop false and hateful messages.

KH: Judicial challenges continue in Japan.
Ishikawa: In Japan, it’s not easy to win a case against the state. I think it’s historic that the Sapporo District Court and others have ruled it (denying same-sex couples the legal effects of marriage) unconstitutional. If the Supreme Court rules that it is unconstitutional, the law will change, just like in Taiwan.

KH: You proposed the marriage equality act for the first time in Korea.
Jang Hye-yeong: South Korea is opposed to the anti-discrimination act, which bans discrimination against minorities, as well as to bills like the French partnership system (life partner act) claiming they all move toward same-sex marriage. I think motioning the bill is a declaration that the social atmosphere, which once regarded raising the issue of same-sex marriage as taboo, has changed.

KH: The Taiwanese government has launched an official investigation into the lives of LGBTQ people.
Fan Yun: This year, the Executive Yuan (executive branch) released a research report on the living conditions of LGBTQ people. It was the government’s first large-scale quantitative survey and study on gender diversity. We need data to understand which areas of gender equality in society are incomplete.

KH: In March 2015, the Shibuya Ward Assembly in Tokyo passed an ordinance to issue certificates to same-sex couples certifying that their relationship is “equivalent to marriage.”
Ishikawa: As of May, 328 of the country’s some 700 municipalities have a partnership system. They cover 70.8% of the population. Since local governments recognize them, there are fewer people who oppose partnerships and LGBTQ people.

KH: In February, the South Korean couple, So Seong-wook and Kim Yong-min, won an appeal demanding they be eligible for health insurance as dependents.
Jang Hye-yeong: I think the ruling shows that if the legislative and executive branches of government are stalling or preventing change on the issue of discrimination against LGBT people in South Korea, then the judicial branch may be the place to start.

KH: A total of 20 same-sex marriage registrations were filed after the electronic system for family relationship registration was changed to allow same-sex couples to apply for marriage registrations last March.
Jang Hye-yeong: All of them were rejected for being “unacceptable marriages under the current law.” Filing for a marriage registration when it is not accepted is an act to show that they exist.

KH: The Liberal Democratic Party in Japan is not willing to recognize same-sex marriage.
Ishikawa: Opinion polls show over 60% of the people support same-sex marriage, while the government’s approval rating is only 25%. In a meeting of the Budget Committee of the House of Councillors in March, I asked Prime Minister Fumio Kishida, “In junior high school, when I realized I was gay, I encountered the clause on all people being ‘equal under the law’ in Article 14 of the Constitution. Prime Minister, when will I be able to marry the person I love?” The prime minister replied, “I think the time will be determined by society’s understanding and depth of discussion.”

KH: This year’s Queer Parade was not allowed to take place in Seoul Plaza.
Jang Hye-yeong: In the end, the National Assembly was responsible. By delaying the enactment of the Framework Act on Human Rights, lawmakers allowed people who secretly opposed to come out into the open and take advantage of the system to even engage in discrimination. I think our society is at a crossroads. Are we going to respond with more discrimination or respond with basic rights?

KH: I think you may have had a lot of thoughts after listening to the stories of each country.
Jang Hye-yeong: Today, I saw evidence of hope that even in East Asian cultures, where patriarchy remains strong, progress is being made.
Fan Yun: Elitism in East Asian societies leads people to believe that their accomplishments are solely the result of their merits. This structure (since it leads people to think that if someone is disadvantaged, it is their fault) fosters gender discrimination. I know that the president of South Korea, who was elected backed by a misogynistic culture, said that structural gender discrimination no longer existed and claimed to abolish the Ministry of Gender Equality and Family. The labor, environmental, human rights, and LGBTQ movements in South Korea need to form alliances and build international alliances, too. We need to respond to the forces that want to cut us off with greater solidarity.
Ishikawa: I hope that the three countries can work together for the same goal, even if they take different approaches.