Heteronormativity in Taiwan's Marriage Debate
Heteronormativity in Taiwan's Marriage Debate
Sexualities
0(0) 1–17
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heteronormativity: [Link]/journals-permissions
DOI: 10.1177/1363460719884022
Gendered familial [Link]/home/sex
appellations as an issue
in the same-sex marriage
debate in Taiwan
Ting-Fang Chin
Independent Researcher, Taiwan
Abstract
On 24 May 2017, a historical landmark for the LGBT movement was achieved in Taiwan.
The courts delivered Interpretation no. 748, which declares that the legal regulation in
the Civil Code disallowing two individuals of the same sex to marry is unconstitutional
and that the law should therefore be amended within two years. While the legal argu-
ments at the constitutional level seem settled, discussions regarding sexuality, family and
tradition triggered by the debate about same-sex marriage are continuing. Drawing on
feminist and queer scholarship, I advocate turning the spotlight from the ‘subversive’
homosexual to ‘normative’ heterosexuality. In addition, through the theoretical lens of
interactionism on sexuality, this study investigates a quotidian but controversial topic
emerging in the debate: gendered familial appellations. Using transcripts of public hear-
ings as research data, I discuss how the practice of employing gendered familial appel-
lations based on the idea of the heterosexual family becomes an issue in the debate.
Through an analysis of the matter, I argue that the heteronormative social order
embedded in everyday interactions within the context of Taiwan society is revealed.
This heteronormativity is not only gendered and hierarchically heterosexual but also
ethnocentric in nature.
Keywords
Familial appellation, gender, heteronormativity, same-sex marriage, Taiwan
Corresponding author:
Dr Ting-Fang Chin, No. 6, Alley 23, Lane 107, Section 2, Heping East Road, Da’an District, Taipei City, Taiwan.
Email: [Link]@[Link]
2 Sexualities 0(0)
Introduction
On 24 May 2017, a historical landmark for the LGBT movement was achieved in
Taiwan. The council of grand justices delivered Interpretation no. 748, which
declared the regulations on ‘Family of the Civil Code [that] do not allow two
persons of the same sex to create a permanent union of intimate and exclusive
nature for the purpose of living a common life’ were ‘in violation of constitution’s
guarantees of both the people’s freedom of marriage’ and ‘the people’s right to
equality’.1 It also stated that the law should therefore be amended within two years,
which means the legislation deadline was 24 May 2019. If the authorities fail to do
so, same-sex couples ‘shall be allowed to have their marriage registration effectu-
ated at the authorities in charge of household registration’. This ruling soon occu-
pied media headlines. International news agencies reported general anticipation
that Taiwan was to be the first country in Asia to legalize same-sex marriage
and even identified it as the liberal beacon in the region (see Hioe, 2017;
Smith, 2017).
However, the referendum successfully proposed by conservative Christian
groups to circumvent the justices’ ruling soon cast a shadow on the prospective
status of a progressive Taiwan (Reid, 2018).2 They aimed to reserve the Civil Code
for heterosexual marriage and ran a referendum campaign which was well funded
and characterized by misinformation, such as connecting same-sex marriage with
an AIDS pandemic (Harton, 2018; Steger, 2018). On 24 November 2018, in an
appalling shock to the progressive civil society, Taiwan voted in favour of retaining
the Civil Code regulations which restrict marriage to being between a man and a
woman. Anti-gay groups gained momentum through mobilization while activists
and pro-LGBT groups were deeply concerned that the referendum result would
prevent President Tsai Ing-Wen’s administration to legalize same-sex marriage.
On 21 February 2019, the Executive Yuan proposed a special law to give same-
sex couples legal protections (see Lee, 2019). The draft bill is called ‘The
Enforcement Act of Judicial Yuan Interpretation No. 748’. Although it is a special
law, it did refer to the regulations of the Civil Code and state applicable mutatis
mutandis. The bill therefore followed the grand justices’ interpretation as well as the
referendum result. On 17 May 2019, article by article, the legislators voted in
favour of the bill. President Tsai signed the bill on 22 May 2019 and the law
came into effect two days later. Taiwan officially becomes the first nation in Asia
to recognize same-sex marriage. Although the bill was the most progressive of the
proposed, it is not perfect. Most of all, it offers some but not full adoption rights.
Also, the law only recognizes transnational same-sex marriages when the foreign
partner is from a country where same-sex marriage is legal (Kuo, 2019). With
unsolved and pending legal issues, it is clear that same-sex marriage will remain
a heavily discussed subject in Taiwan.
In response to vocal public discussion, research efforts were made to context-
ualize and investigate same-sex marriage legislation in Taiwan. For example, Yen-
hsin Alice Cheng, Fen-Chieh Felice Wu and Amy Adamczyk’s study (2016)
indicated that from 1995 to 2012, the liberal attitudes toward homosexuality in
Chin 3
Taiwan showed signs of increasing, particularly among women and the college-
educated, laying a social foundation for the potential legislation. Conversely,
Timothy S. Rich (2016) examined the state’s electoral institution, which enabled
cross-partisan support of the legislation. Theresa Der-Lan Yeh (2017) examined
the cyber-discourse against same-sex marriage and the similarities and differences
in discursive strategies adopted by both local and foreign groups. In P. Lee’s
attempt to theorize queer activism in Taiwan, he argued that the Taiwanese move-
ment for sexual and gender minorities was ‘a process of democratizing the ‘‘activ-
ism itself’’, and the prioritization of same-sex marriage on the movement’s agenda
was in this context critically contested among activists and members of the LGBTQ
communities (2017: 684). This thread of timely scholarship provided insights into
the complexity and specificities in the local context. In addition, it offers alternative
insights for the established academic investigation of same-sex marriage mostly
focusing on ‘the western world’, namely, North America (e.g. Coolidge, 1998;
Kandaswamy, 2008; Nicol and Smith, 2008; Radbord, 2005; Sherkat, 2017; van
der Toorn et al., 2017; Veigh and Diaz, 2009; Young, 2006) and western European
countries (e.g. Bachmann, 2011; Borrillo, 2005; Einarsdóttir, 2013; Hekma, 2002;
Kantsa, 2014; Pichardo, 2011; Platero, 2007). Similar to other countries beyond
this ‘western’ picture, such as South Africa, Taiwan has the potential for being
a valuable sociological case and for expanding intellectual dialogue on gender
and sexuality (see, e.g. Ratele, 2016; Reygan and Lynette, 2014; Scott and
Theron, 2017).
Drawing on feminist and queer scholarship, I advocate turning the spotlight
from the ‘subversive’ homosexual to ‘normative’ heterosexuality. By doing so, I
intend to expose the (re)production of heteronormativity. Furthermore, through
the theoretic lens of interactionism on sexuality, I aim to expand the critical dis-
cussion of same-sex marriage in Taiwan by investigating the implications of hetero-
normativity with a focus on familial appellation [ ; qin shu cheng wei]. The
familial appellations identified in this study are kinship terms, which are used by
social actors to refer to their family members. Anti-gay groups have asserted that
legalizing same-sex marriage would outlaw the ‘traditional’ familial appellations.
While it may seem absurd, the assertion has gained support through the anti-gay
referendum campaign. Adopting Herbert Blumer’s categorization of objects, I see
familial appellations as terms referring to the social objects of familial relation-
ships. I argue for perceiving the same-sex marriage debate as a sense-making pro-
ject and the legislation as a rule-breaking process. In this process, the gendered
legal subject and heteronormativity in everyday practice such as appellation, are
revealed and can no longer pass as ‘sexuality-neutral’ norms. I will first discuss the
rationale of my theoretical stance before presenting the data and their analysis.
a sociological tradition since at least the 1960s (see e.g. Gagnon and Simon, 1974;
Ingraham, 1994; Jackson, 1999; McIntosh, 1968; Rich, 1980; Simon and Gagnon,
1986). Along with this intellectual development, the critical analysis of the norma-
tivity of heterosexuality is now acknowledged as an indispensable part of that
enquiry. Heteronormativity, in Mary Holmes’s words, is ‘the dominance of
social norms that suggest heterosexuality is the ‘‘normal’’ and ‘‘natural’’ form of
sexuality’ (2009: 120–121). While it may not be too difficult to see that heterosexu-
ality is often regarded as the norm, further sociological efforts are needed to the-
orize how the normalization of heterosexuality is accomplished in our social life.
Within a dichotomous structure, the security of the normal is usually realized by
the identification of the deviant. Guarding a normative status requires the work of
border patrols to maintain boundaries and thus to distinguish the inside from the
outside. In Diana Fuss’s articulate words, ‘heterosexuality secures its self-identity
and shores up its ontological boundaries by protecting itself from what it sees as
the continual predatory encroachments of its contaminated other, homosexuality’
(1991: 2). Thus, homosexuality, as the outside threat, is the subordinate deviant in
the dichotomy. Studies of the homosexualization of AIDS, for example, have
offered insightful analysis into this ontological code (see e.g. Herek, 1999;
Lawrence et al., 1990; Seidman, 1997).3 It is also within this structure that the
ambiguity of the normal and its interdependent relationships to the deviant is
exposed, for ‘‘‘heterosexuality’’ has meanings only in relation to ‘‘homosexuality’’;
the coherence of the former is built on the presence and the repression or repudi-
ation of the latter’ (Seidman, 1997: 132).
Studying deviance reveals the hetero/homo dichotomy and uncovers the hier-
archical significance within it. However, the theorization of heteronormativity
cannot be complete without an investigation of those within the secured bound-
aries. Diana Richardson has posted a critical reminder that ‘where sexuality is
acknowledged as a significant category for social analysis, it has been primarily
in the context of theorizing the ‘‘sexual other’’, defined in a relation to normative
heterosexuality’ (1996: 19). My understanding of Richardson’s words is that our
sociological enquiry on sexuality cannot afford to neglect heterosexuality itself as a
meaningful topic to explore, or our efforts at exposing heteronormativity might fail
and even reinforce the dichotomous structure of hetero/homo as normal/deviant.
If not a revolutionary turn, feminist and queer researchers’ critical reflections on
the approach to studying ‘the deviant’ have produced significant scholarship, which
theorizes heteronormativity by making heterosexuality its focus. This trend of
intellectual engagement generally exposes two characteristics of normative hetero-
sexuality as an institutional entity. One is that heterosexuality succeeds in being
quietly normal and avoiding being named. The other is the policing effect of
heteronormativity on heterosexuals.
While homosexuality is regularly labelled and marked as the deviant other,
heterosexuality on the other hand often hides itself in plain sight by employing
the silent mode towards itself. In other words, one of the ways the normative status
of heterosexuality is enacted as natural, universal and compulsory is through
Chin 5
vocally sanctioning the deviant outsider, homosexuality, while at the same time
avoiding to name itself. This is revealed in the comparatively insufficient vocabu-
lary for identifying heterosexuality in social life, as well as the lack of a common
understanding of that vocabulary. For instance, ‘coming out’ as a phrase referring
to the action of disclosing an individual’s sexual orientation is primarily used in
cases of non-heterosexuals.4 While assumed heterosexuals can simply ‘pass’ with-
out declaring their sexual orientations, sexual minorities often face the dilemma of
revealing this specific personal information to others or the general public (see e.g.
Brainer, 2018; Denes and Afifi, 2014; Griffith and Hebl, 2002; Haider-Markel,
2010; Huang, 2011; Orne, 2011; Wang et al., 2009). Even if the term ‘heterosexu-
ality’ is used and made visible in social interactions, there may be no common
understanding for the identified individuals to grasp the meaning of the term (see
Jackson, 1999).
The marginalization produced by normativity affects not only the deviant out-
side of the heterosexual category but also those on the inside, as Stevi Jackson
indicates: ‘normative heterosexuality regulates those kept within its boundaries as
well as marginalizing and sanctioning those outside them’ (Jackson, 2006: 105).
Therefore, despite the diversity in perspectives and approaches, the normative
status of heterosexuality is perceived as one of the focal points for the sociological
investigation of sexuality. Queer theory, which develops its intellectual richness
from the position of outing and revealing sexual differences and fluidity, has
been reminded to observe ‘the impact of regimes of normative heterosexuality on
heterosexuality’ (Seidman, 2005: 40). Feminist scholarship, with its political stance
of challenging the patriarchal oppression of women, has critically examined ‘how
normative heterosexuality affects the lives of heterosexuals’ (see Jackson, 2006:
105). Hence, a sufficient examination of the heteronormative social order requires
at least a critique of both how the contaminated ‘other’ is marginalized as well as
how the heterogeneity of heterosexuality is silenced or hidden.
‘Heterosexuality is named by straights only when it is felt to be under threat’
(Jackson, 1999: 173). For regarding same-sex marriage as a major threat, hetero-
sexuality is desperately shouting its name in Taiwan. It is this historical moment,
when extreme voices attempt to assert the deviance of homosexuality (or non-
heterosexuality), which I consider a crucial time during which to investigate the
implications of heterosexuality in order to advance a sociological understanding of
heteronormativity in Taiwanese society.
Moreover, I am also convinced that an analytical focus on everyday interactions
and practices in social life is indispensable for this sociological investigation. John
Gagnon and William Simon’s (1974) pioneering work on ‘sexual conduct’ has laid
the crucial foundation for the foregoing theorization on the sociality of sexuality.
Challenging the dominant biological determinism and psychoanalytic assumptions
at the time, Gagnon and Simon propose an interactionist view which takes the
‘everydayness of sexuality’ into account (Jackson and Scott, 2010b: 815). Their
version of the social constructionism on sexuality is of an on-going process pervad-
ing every part of our social lives. This theoretical foundation has been advanced by
6 Sexualities 0(0)
That is why it has been an important issue for discussion among members of the
LGBT community since their familial status remains largely unrecognizable
through these practices. Nevertheless, because Taiwan is a secular state, using
religious custom to argue against a legal proposal is hardly legitimate. Much to
legal professionals’ surprise, utterances similar to Chiu’s have been repeatedly
expressed by opponents of the legislation.
Article 972 of the Civil Code states that ‘an agreement to marry shall be made by
the male and the female parties in their own concord [sic].’ To pass same-sex
marriage legislation, one solution is simply to replace the gendered terms (male
and female) in this article with gender-neutral ones, and the same rule should apply
to other gendered legal terms. To accommodate individuals with different back-
grounds and identities, legal terms should be as neutral as possible. Hsu Hsiu-Wen,
the co-founder and CEO of TAPCPR, argues that
It is exactly because of the universality of the law, [that] we should neutralize the legal
terms to accommodate the diversity of gender and sexuality. Why? Because we should
know that there are not only heterosexual people in this world. There are also bisex-
ual, intersexual, transgender, transsexual people. (Hsu Hsiu-Wen, CEO of Taiwan
Alliance to Promote Civil Partnership Rights, public hearing, 16 October 2014)
For supporters, to adopt gender-neutral terms in the law itself is a necessary step in
legally recognizing sexual and gender diversity. However, this proposal provoked
panic among the legislation’s opponent groups. They worried that changing the
terms legally would lead to the elimination of gendered familial appellations used
by individuals in social interactions. This worry was expressed in all four public
hearings collected in this study. The following is one example:
For Taiwan people, the conventional appellation for ‘mother’ is ‘ina’, and for Atayal
people, it is ‘yaya’. As for myself, I address my parents as ‘father’ and ‘mother’. (Lin
Zhi-Jie, Portico Media, public hearing, 24 November 2016)
We are against the legal proposal to change the traditional familial appellations (Qiu
Pei-En, lawyer, public hearing, 28 November 2016).
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They [her parents] were thrilled when I told them I have found someone I love. They
call my wife ‘si-fu’ [ ; daughter-in-law] and ‘nyu-er’ [ ; daughter]. I call my
Chin 11
wife’s mother ‘mama’ [ ; mum]. (Su Shan, PrideWarch Taiwan, public hearing, 24
November 2016)
Despite these everyday life experiences illustrating the diversity of appellation prac-
tices, opponents of the legislation refused to acknowledge them and insisted on
limiting gendered familial appellations to heterosexuals alone:
. . . in the case of a same-sex relationship, say you are a lesbian couple, why do you
introduce yourselves as ‘me and my wife’? Why are there still roles such as a husband
and a wife? (Han Yuh-Chieh, Associate Professor, Yu Da University of Science and
Technology, public hearing, 16 October 2014)
In the exchanges during the debate, these questions were used not to express curi-
osity regarding a lesbian couple’s daily life but to counter the use of gendered
familial appellations in a non-heterosexual relationship. This account implies
that whatever is gendered should also be exclusively heterosexual. For the delegate,
a lesbian should not use a gendered appellation, such as ‘wife’, to address her
partner because she herself could not be ‘the husband’. An individual’s gender,
the gender role and the designated appellation are perceived as a trinity.
An examination of the accounts of the public hearings on same-sex marriage
legislation reveals that terms of gendered familial appellation emerged as an issue,
and I argue that a Taiwanese version of the ideological operation of heteronorma-
tivity is revealed which holds a homogeneous and monolithic view of Taiwanese
society. This heteronormativity gains its normative status through denying diverse
everyday practices, whether heterosexual or non-heterosexual. In addition, this
view is not only heterosexual-centred but also very much Han-centred (or
Chinese-centred). This perspective projects a world which not only rules out homo-
sexuality but a world containing a specifically heterosexual gendered order, in
which individuals should follow a specific way of living, a very Han-culture
based mode of everyday practices. It ignores not only gender and sexual diversity,
but other social categories as well, such as ethnicity and culture.
therefore accentuate that naming and familial terms are significant matters in the
legislation of same-sex marriage in Taiwan.
Due to the scale of this study, there is further potential material that is not
included as research data, for example, the records of forums and committee meet-
ings organized by the Legislative Yuan as well as other public sources, such as the
press release by related groups and organizations. More research is needed to
develop an advanced sociological interrogation. I am aware that my perspective
and approach can only offer a limited examination. There are still questions to be
answered, particularly those regarding heteronormativity and familial gendered
appellations. I intend to use this study as an initiative to invite further academic
engagement.
Acknowledgements
I would like to express my special thanks to Professor Stevi Jackson, Dr Eva Li, Dr Ruby
Y.S. Lai and Cu Chen for their support and encouragement. I am grateful to the reviewers
for their comments and suggestions to make this a much stronger article. I, as the author,
remain responsible for any errors or inadequacies.
Disclosure
The author has reported no conflicts of interest.
ORCID iD
Ting-Fang Chin [Link]
Notes
1. The complete text of Interpretation No. 748 can be found at: [Link]
jcc/en-us/jep03/show?expno¼748 (accessed 2 January 2019).
2. Three referendum questions were successfully proposed by anti-gay Christian
groups, two targeting same-sex marriage and one targeting gender equity education.
The questions were No.10: ‘Do you agree that Civil Code regulations should restrict mar-
riage to being between a man and a woman?’, No.11: ‘Do you agree that the Ministry of
Education and individual schools should not teach homosexual-related education, as
detailed under the Enforcement Rules for the Gender Equity Education Act, in elemen-
tary and middle level schools?’ and No.12: ‘Do you agree to types of unions, other than
those stated in the marriage regulations in the Civil Code, to protect the rights of same-
sex couples who live together permanently?’ (Focus Taiwan, 2018).
3. However, it should be noted that this homosexualization is deeply gendered. For
instance, while gay men’s sexuality is stigmatized in relation to the HIV pandemic, les-
bians are generally regarded as ‘women who had not engaged in sexual risk practices’
(Patton, 1994).
4. In Taiwan, the equivalent term for ‘coming-out’ is chu guei [ ], which literally means
‘out of a closet’.
5. ‘Duo yuan’ [ ] means ‘diversity’. ‘Cheng jia’ [ ] means ‘to have a family’ or ‘to
establish a family’. The draft covered three different formations of familial relationships:
14 Sexualities 0(0)
same-sex marriage, civil partnership and multi-person familial partnership. From both
the title and the content of the draft, it is clear that the ultimate goal is not merely to
legalize same-sex marriage but also to rewrite the legal definitions of family and familial
relationships. For more details regarding the three different proposals, see Hsu Hsiu
Wen’s (Hsu, 2015) article on the matter.
6. The proposed multi-person familial partnership is designed to protect the legal rights of
individuals who support each other and develop familial relationships neither through
marriage nor consanguinity. Please see also note 5.
7. Chiu’s remark was also strongly contested by experts in folk-life studies, particularly the
part regarding the ancestral tablets, for it assumed the wording on a tablet represents
specific individuals. Rather, it is a general term to include all the deceased family members.
8. Although the analysis here focuses on same-sex marriage, it should be noted that the
scholarship on trans marriage also offers insightful discussion on contesting dominant
gendered terms of marriage and family (see Erni, 2014; Friedman, 2017).
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Ting-Fang Chin holds a PhD from the Centre for Women’s Studies at the
University of York, UK. She is the author of Everyday Gender at Work in
Taiwan (Palgrave Macmillan, 2018). Her current research focus is on quotidian
gender practices in the workplace as well as marriage equality in Taiwan. She is a
member of the board of directors of the Taiwanese Feminist Scholars Association.