How China-Taiwan same-sex marriages get caught in politics

This year's Taiwan Pride Parade, which drew over 180,000 participants to Taipei on Saturday, holds special meaning for Ryan.

Two weeks ago, the 38-year-old from Taiwan and his Chinese partner, Righ, became the first cross-strait, same-sex couple to have their partnership legally recognized.

"It's like a dream. I keep asking myself, is this real?" Righ told DW in an online interview from Beijing. The couple spoke using pseudonyms out of safety concerns as gay marriage is illegal in China.

Taiwan became the first place in Asia to legalize same-sex marriage in 2019.

Last year, authorities extended these rights, allowing foreigners from countries that do not recognize same-sex couples to marry their Taiwanese partners on the island.

However, due to political and security concerns, same-sex couples from China and Taiwan were excluded from these rights until September, when that restriction was lifted.

Long legal battle 

Despite the geopolitical tensions across the Taiwan Strait, Ryan and Righ have been in a long-distance relationship for eight years. 

Their story began in the summer of 2016 when Ryan, who runs a B&B in Taiwan, met Righ, who was visiting as a tourist.

The couple decided to register their marriage in the United States in 2019. They then applied for a family reunion visa in Taiwan, hoping that Righ could live on the island as Ryan's spouse.

But the request was repeatedly denied by the Taiwanese immigration authorities. The couple struggled with appeals and lawsuits for four years. 

In August, they won an unexpected victory.

The court ruled in their favor, affirming that cross-strait, same-sex couples who were married in a third country should be treated the same as heterosexual couples, allowing them to reunite in Taiwan and apply for residency.

A month later, the government approved China-Taiwan same-sex couples for marriage registrations based on their marriage record in a third country.

"I used to see him [Righ] as a soldier on a mission or a crew member on a long voyage who can only come back once or twice a year," Ryan told DW.

"That was how I kept our relationship going, to avoid the pain of constantly facing the separation under the policy. Finally, we can fully devote ourselves to this relationship," Ryan said.

He and Righ have started discussing their future plans, including Righ applying for dependent residency in Taiwan.

"This is the first page of our new beginning. After eight years, we're just now facing challenges that others encounter on day one."

Cross-strait tensions

Chien Chih-chieh, the Secretary General of the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) who has been campaigning for Ryan and Right's legal case, highlighted the role of cross-strait political tensions, which have intensified in recent years.

"Our struggle for cross-strait same-sex marriage is not only about resisting homophobia ... the battle is also about cross-strait relations," she told DW. 

"While we can try to show the government that Taiwanese society increasingly supports same-sex marriage, we can't control cross-strait relations."

Although the Taiwanese government loosening the rules represents a major "milestone" given the political tensions, Chien said the current legal framework could create a financial barrier and lead to class disparities.

"The requirement to marry in a third country, frankly, doesn't enhance national security controls or address existing vulnerabilities. Why? Because those with financial means can easily meet the criteria," she said. 

On the day the restrictions were lifted, Taiwan's Mainland Affairs Council (MAC) Deputy Minister Liang Wen-chieh said that "to prevent fake cross-border marriages and avoid security issues, Taiwan has always required cross-strait couples to marry abroad before coming to Taiwan for marriage registration based on an interview."

But Chien pointed out that, the Taiwanese government allows foreigners from certain countries where same-sex marriage is illegal to apply for entry into Taiwan and is willing to conduct interviews for security checks.

If they pass the interview, they can then get married in Taiwan.

"I believe this is more equitable, but the MAC is unwilling to offer the same policy for cross-strait couples," Chien said.

"To ensure that more people from China have the opportunity to come to Taiwan amid the current cross-strait tensions, I believe this puts significant pressure on the MAC," she added.

Concerns over Chinese spies infiltrating Taiwan through same-sex marriage frustrate Ryan.

"If I were to fake a marriage today, why not do it the traditional way with a heterosexual couple? If it's two men or two women, it would draw even more scrutiny. I feel that often, the rights of minorities are subject to heightened examination."

"It's like Romeo and Juliet," Ryan said, describing his relationship with Righ.

"The two families might be enemies, and when their leaders are in conflict, the children can't do anything about it. For us, we fell in love, and that's not something we can control."

‘Major step forward'

The political tensions between China and Taiwan also manifest in day-to-day interactions between cross-strait, same-sex couples.

"When we first met, we were cautious, feeling a barrier between us and afraid to cross any boundaries," Judy, a Taiwanese photographer working in London, recalled her early conversations on cross-strait issues with her Chinese partner Lisa.

While they're not planning to marry yet, both are excited about the Taiwanese government's move.

"This is a major step forward for Taiwan's LGBTQ+ movement," Lisa told DW, adding that it provides "cross-strait couples who wish to marry with more options."

Righ and Ryan can now start to build their future together, free from the constraints imposed on them by the political situation in their homelands.

"Our relationship is definitely not a reflection of cross-strait relations. Those are quite delicate, but our relationship is stable," said Righ. "We just want to take care of each other and be together for the rest of our lives."

Edited by Emmy Sasipornkarn