By TAPCPR | Project Leader
It has been over six years since Taiwan legalized same-sex marriage. Yet, many same-sex couples still cannot enjoy the same marital rights as their heterosexual counterparts.
In January 2023, Taiwan’s Ministry of the Interior issued an administrative interpretation that allowed same-sex marriage registration between Taiwanese nationals and foreign nationals—excluding those from China, but including residents of Hong Kong and Macau. However, marriage registration remained unavailable for "cross-strait couples" (i.e., couples consisting of one Taiwanese and one Chinese national), and for "dual-foreign couples" in which one partner is from a country that does not yet recognize same-sex marriage.
That finally changed on September 19, 2024, when we saw a glimmer of hope.
In September last year, the Mainland Affairs Council officially announced that Taiwan would recognize same-sex marriages between Taiwanese and Chinese nationals that were legally performed in a third country. This means that once a cross-strait couple gets legally married in a third country, the Chinese partner can apply for a family reunion visa just like heterosexual spouses. After completing an interview process, they can proceed with marriage registration at a local household registration office in Taiwan.
While this is not full equality, it is a major breakthrough following years of tireless advocacy. We know the journey ahead is still difficult—but finally, the path has begun to open.
This policy change is closely tied to a strategic litigation campaign launched years ago by the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR).
In 2019, partners Ryan and Righ traveled to the U.S. to get married in pursuit of their right to wed, and later applied for a family reunion visa in Taiwan. However, their application was rejected by the National Immigration Agency. They refused to give up and embarked on a five-year legal battle. Though they initially won their case, the agency failed to act on the court’s ruling, prompting them to file another appeal and lawsuit.
In August 2024, the Taipei High Administrative Court once again ruled in their favor and ordered the agency to conduct a substantive review. The ruling became final in September when the agency chose not to appeal. This legal victory ultimately pushed the Mainland Affairs Council and Immigration Agency to revise their policies—opening a new chapter for marriage equality among cross-strait couples.
It not only secured Ryan and Righ's right to be married, but also paved a “path home” for countless other cross-strait couples who had married abroad.
Still, there is more work to be done before full marriage equality is achieved.
Currently, heterosexual cross-strait couples can get married in China and apply for family reunion in Taiwan. But since same-sex marriage is not legal in China, same-sex couples are forced to marry abroad before they can register their marriage in Taiwan. This adds financial burdens and creates a class barrier that many couples simply cannot overcome.
Furthermore, foreign same-sex couples in which one partner is from a country that does not recognize same-sex marriage are still unable to marry in Taiwan. As a result, many foreign couples who live together in Taiwan find themselves at risk of being separated.
We will continue assisting cross-strait same-sex couples in navigating third-country marriages. At the same time, we will advocate for policy reform so that foreign same-sex couples can enjoy the same marriage rights as heterosexual couples. Our goal is for every couple to have the freedom to marry and build a family—right here in Taiwan.
Progress on cross-strait same-sex marriage has been the result of many people working together with dedication and persistence.
We are deeply grateful to everyone who has supported TAPCPR—whether through a donation, a social media share, or by attending an event. Your continued support is what keeps this long struggle moving forward.
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