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Rethinking Taiwan’s same-sex marriage legalization: young generation dynamics and queer activism

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Rethinking Taiwan’s same-sex marriage legalization: young generation dynamics and queer activism

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Content Copyright [2022] Songyue Zhang

Rethinking Taiwan’s Same-Sex Marriage Legalization: Young Generation Dynamics and Queer
Activism

by

Songyue Zhang

A Thesis Presented to the
FACULTY OF THE USC DORNSIFE COLLEGE OF LETTERS, ARTS AND SCIENCES
UNIVERSITY OF SOUTHERN CALIFORNIA
In Partial Fulfillment of the
Requirements for the Degree
MASTER OF ARTS
(East Asian Area Studies)

August 2022

ii

Table of Contents
Abstract .......................................................................................................................................... iii
Introduction ..................................................................................................................................... 1
“Homophobic” Asia ...................................................................................................................3
History of Taiwan’s Queer Rights Movement .........................................................................14
Review of Scholarship on the Taiwan’s Legalization .............................................................22
Case Studies .................................................................................................................................. 28
The Rose Boy Incident.............................................................................................................28
Conclusion .................................................................................................................................... 41
References ..................................................................................................................................... 44

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Abstract
Taiwan achieved a landmark decision on marriage equality in 2019, making it the first
Asian country to legalize same-sex marriage. Its quick transition from a conservative country to
a modern one in past 30 years has made it essential to assess and evaluate Taiwan’s road to
marriage equality and analyze why this country is atypical in becoming the first country in Asia
to legalize same-sex marriage. This thesis takes the viewpoint of the younger generation queer
activism and popular culture with the aim of trying to comprehend Taiwan’s uniqueness amidst
other Asian countries, where attitudes towards same-sex marriage continue to be conservative or
indefinite. Though the case study of the Rose Boy Incident occurred in 2000, this thesis connects
queer activism and outlooks of the younger generation to explain why Taiwan’s younger
generation became supportive of marriage equality and made the legalization of same-sex
marriage feasible in Taiwan.

1

Introduction
In 2019, Taiwan reached a landmark decision on marriage equality, making it the first
Asian country to legalize same-sex marriage. For more than 30 years after Chi Chia-wei 祁家威
became the first Taiwanese person to publicly reveal his homosexuality and appeal for same-sex
marriage in 1986, marriage equality and LGBTQ rights were the subject of continuous debate
and struggle. When the Ministry of Foreign Affairs in Taiwan (2020) posted on Facebook to
celebrate this marriage equality, it highlighted “First in Asia” and “Beacon of Human Rights”
through its hashtags. As the first Asian country to legalize same-sex marriage, Taiwan has made
itself a leading player in marriage equality and human rights and continuously celebrates the
country’s democracy. Taiwan's successful campaign to legalize same-sex marriage was a major
milestone. This social fact challenges the previous assumption that queer rights are difficult to
achieve in Asia due to Confucian culture and a gender binary discourse (Bai, 2021). It is worth
analyzing why Taiwan is unusual in being the first place to legalize same-sex marriage in Asia
where attitudes to the issue are generally conservative, or ambiguous.
Although Taiwan advertises itself as a beacon of human rights, the result of a referendum
on marriage equality reforms in November 2018 indicated a dichotomy between the ruling
Democratic Progressive Party (DPP) campaign and public opinion. When asked if the definition
of marriage should be limited to one woman and one man, 72.48% of voters, 7,658,008 votes,
agreed with this statement. The final successful legalization in 2019 was not through democratic
election, but from the reinterpretation of the constitution and the newly launched Act for
Implementation of J.Y. Interpretation No. 748. The act provided that two persons of the same sex
2

may form a permanent union of intimate and exclusive nature for the purpose of living a
common life. Several Studies indicate that young people have higher rate of support for marriage
equality: nearly 80% of citizens under 30 support same-sex marriage (Yan, 2016). Because of the
disconnect between popular opinion and the law, as well as media criticism of Taiwan’s
legalization of same-sex marriage as DPP’s political appeal to the young generation, it is
necessary to understand how Taiwan was able to legalize same-sex marriage.
Looking back Taiwan’s road to marriage equality, the young generation plays a crucial
role in the introduction of same-sex marriage. This research takes the perspective from young
generation queer activism and popular culture and aims to understand why Taiwan was the first
to legalize same-sex marriage in Asia. In particular, the thesis addresses the following questions:
why did a large population of Taiwan’s young generation interest in the topic of and support
marriage equality? What does same-sex marriage mean to the people of Taiwan, especially
young activists and queer people?
In order to answer these questions, this research will be divided into the following
chapters: introduction and homosexuality in Asia countries, the general context of Taiwan, a
scholarly review on Taiwan’s legalization topic, a case study of Rose Boy, and a conclusion. The
thesis aims to offer insights related to 2019 Taiwan’s legalization reform, in terms of the queer
activism of the younger generation. Through the thoughtful analysis and evidence, this thesis
links queer activism and attitudes of the young generation to explain why the young people may
become supportive of marriage equality and make the legalization of same-sex marriage possible
in Taiwan.
3

“Homophobic” Asia
A hegemonic discourse on gender and sexual normativity can be observed in many
countries and cultures. Shi Shangkuan (2000), a Taiwanese lawmaker summarized the evolution
of marriage from different forms such as primitive promiscuous marriage, blood marriage and
group marriage to the evolution of monogamy. A legal text of ancient Rome mentioned that
marriage is a union between a man and a woman for the purpose of living together forever (Shi,
2000). In “The Spirit of Laws,” Montesquieu (1892) pointed out that parents have a natural duty
to raise their children, which led to the establishment of the institution of marriage. Wang Zejian,
a famous jurist in Taiwan, believed that marriage is a contract signed by a man and a woman to
live together permanently in the future, which exists between husband and wife (Wang, 2003).
With discrimination against non-normative relationships, some homosexuals chose to live in the
closet and hide their identity. Although there are many gay and lesbian couples who entered the
functional equivalent of marriage, their relationship was not culturally and morally recognized
until the recent five decades.
The legal recognition of same-sex marriage is relatively new phenomenon. In most
European countries, homosexuality had not been decriminalized and destigmatized until the end
of World War II. Only after the sexual revolution and the civil rights movement during the
1960s, did people in the western world start to come out of the closet and be conscious about the
pursuit of minority rights and marriage equality (Eskridge, 1993). In 2001, the Netherlands
became the first country to legalize same-sex marriage. As of March 2021, there are 31 countries
where same-sex marriage is legal. Most of these countries are in the Americas, Europe, and
4

Oceania. There is only one Asian country that has legalized same-sex marriage: Taiwan. At the
same time, there are 69 countries that criminalize homosexuality; nearly half of these are in
Africa and 10 countries in Asia also have laws to criminalize it. For example, Singapore has the
right to sentence any gay man to prison for maximum two years (Penal Code, 2008). Based on
evidence, currently, the overall environment in Asia appears less LGBTQ friendly than in the
western world.
This thesis adopts Kuan-Hsing Chen’s “Asia as method” (2010) and Audrey Yue’s
“queer Asia as method” paradigm (2017). Previous scholars marked Asian queer history as an
unequal flow of cultural and intellectual capital from the West to non-West. Scholars in the
Asian queer studies field found it difficult to discuss local Asian queer history without referring
to Western approaches (Martin, Jackson, McLelland, & Yue, 2008). However, queer rights
history is not a one-way flow of modernity from the West. Chen and Yue both pointed out the
necessity to de-center the Anglo-American theoretical frameworks, retheorize “Asia” no more as
a holistic part and capture inter-Asia flows. Similarly, Iwabuchi, Kim, and Hsia (2016, p.2)
emphasized the concept of “inter-Asian referencing” to highlight the importance of mutual
understanding among Asian countries that shows “the sharedness” and the “similarity-in-
difference.” These theories suggested the need for the field of queer studies to move beyond the
Anglo-American paradigm and rethink the linkages and impact within Asian areas. For this
study, to understand Taiwan’s uniqueness among overall conservative Asia, it is important to
seek alternatives besides western influence and understand the social-familiar value,
homosexuality community in general East Asia, Taiwan-other Asian countries relationships, and
Taiwan’s internal social environment.
5

Scholars have long portrayed East Asian society as different from the west since the
former emphasizes the extended family structure, patriarchy, and Confucian values (Tam, Wang,
& Wong, 2014). In contemporary East Asia societies with Confucian cultural heritage, the family
is viewed as a primary social unit throughout a person’s life. The most important obligation for
men and women is to extend their family, fulfill the obligations of filial piety, and raise their own
children (Chan, 1989; Li, 1997). In this tradition, individuals are viewed as no more than
temporary carriers who perpetuate male lines and link the ancestors and descendants (Raymo et
al, 2015; Lin, 2014). This highly valued patriarchal line has also created gender normativity and
hierarchy. Males are placed in a higher social status and expected to present masculinity since
they are expected to pass on the paternal surname and extend their family. Females, on the
contrary, are assigned gender roles as good mothers, who should devote themselves in bearing
and taking care of children. This binary view, similar to the Taoist idea of yin-yang, provides
that the marriage should be limited to one man and one woman, so they can complement each
other. Same-sex relationships, on the contrary, obey no such normal order (Bai, 2021, p.133).
A few studies support the idea that individuals who hold more traditional Confucian
values would be more likely to negatively view homosexual relationships as threatening to
society and traditional values (Feng et al. 2012; Adamczyk, 2017). Data from Adamczyk’s
research indicate that 64% of Confucian residents in East Asian society say same-sex
relationships are never justified. This anti-homosexuality proportion is much higher than in
Central and South America (32%) and in Europe, Australia, and North America (38%). For
many in East Asia, being gay and lesbian simply means the rejection of family values and
becoming “others” in the family and society.
6

Anti-homosexuality emotions are observable and pervasive in Asia. Although Hong
Kong is one of the most westernized Asian cities due to its 156-year British colonial rule, social
consciousness and acceptance of homosexuality remains low. The legal criminalization of gay
relationships was not abolished in Hong Kong until 1991, much later than decriminalization of it
in Britain in the 1960s (Crimes (Amendment) Ordinance 1991; Sexual Offences Act 1967).
Currently, Hong Kong Bill of Rights Ordinance 1991 forbids the government and public
authority from discriminating against LGBTQ residents in employment and education but does
not extend protection to the private sector. A study has found that 29.3% of employees from
sexual-orientation minority groups experienced sexual orientation-based employment
discrimination within 5 years, which made them conceal their identity to gain social tolerance
(Lau & Stotzer, 2010). According to a public opinion survey conducted by University of Hong
Kong, 79% of interviewees recognized the existence of anti-LGBTQ discrimination and only
33.3% of interviewees supported same-sex marriage legalization or partner registration (2013).
This homophobia is unrelated to financial standing, education background, and social status;
both middle-class and working-class homosexual subjects faced the experience of
discrimination. Since homosexuality is marked as a “taboo in Chinese society,” homophobia in
Hong Kong is recognized as a Chinese tradition (Yu, 2021; Liu & Ding 2005).
However, a straightforward summary of Confucianism or tradition might not be able to
fully illustrate the current less recognition of queer rights and marriage equality in Asia. The
internal history, national development, and inter-cultural flows in each country should also be
captured and incorporated into the deeper discussion. China is widely seen as a country with an
inherent heterosexist nature, as it is the birthplace of Confucianism. Nevertheless, China has
7

been only homophobic since last two centuries. Previous studies have verified the popularity of
homosexual behaviors in ancient China, as well as the overall social tolerance of homosexuality
(Hinsch, 1990; Werff, 2008). Hinsch (1990) believed that various emperors in the Shang
Dynasty (600 to 1046 B.C.) regularly engaged in male homosexual contact and more than half of
emperors in the Han Dynasty (202 BC – 220 AD) were bisexual. Fentao (portioned peach 分桃)
and duanxiu (cut sleeve 斷袖) were two well-known terms used to characterize such behavior,
each originated from romantic legends about Duke Ling of Wei (534-493 B.C.) and Emperor Ai
of Han (206 B.C. to A.D. 200) and their beloved homosexual partners Mizi Xia and Dong Xian.
However, according to Werff (2008), this behavior was more of a passion and did not a sign of
their homosexuality identity. Since the mid of Qing Dynasty, government adopted “the new
Manchu morality” and officially banned sex between males and criminalized it as sodomy in
1740 (Sommer, 1997). The Qing homophobia campaign, based on Ng’s analysis (1989),
intended to obtain the alliance of conservative Chinese elites as well as maintain the social
expectation of filial piety. Despite illegality, homoeroticism thrived and developed into a
common practice, aesthetic preference, and romantic idealism among some people. These
“violations of the laws of nature” and “moral crimes” were recorded by John Barrow, a British
officer who visited China during Emperor Qianlong's reign (1735-1796). In his book Travels in
China, Barrow (1804) recalled that most officers were constantly attended by pipe-bearer, who
was generally a handsome boy from fourteen to eighteen years of age and had always dressed
well. The use of signs as well as motions by these boys which hinted towards a strong meaning
of which had been too obvious to be misinterpreted. Various famous literature works produced
during late imperial China embraced this homoerotic sentiment as well as depicted
8

homosexuality practice either in marketplace or in noble families (Zheng, 2014). Representative
examples include Floral Treasure, Strange Stories in Oriental, and Dream of the Red Chamber.
Such homosexuality action had generally been viewed as a taste of beautiful boys and was not to
be condemned if the male fulfilled filial piety to produce offspring.
Since the eclipse of the Qing Dynasty and imperial China, the national crisis as well as
urgency to rebuild an independent country motivated intellectuals to translate and introduce
western theories into China, which included the western concept of pathological homosexuality.
Although lesbians developed intimate relationship and absorbed new theories to pursue free love
and self-autonomy, the newly translated western homosexuality idea began to exclude them from
conventional personal relationship and marriage (Hu, 2015). The stigmatization of
homosexuality became more outstanding after the establishment of Communist China. During
Mao’s era (1949-1976), homosexuality was then largely condemned as a physiological and
behavior abnormality, or even as a crime (Jeffreys & Gang, 2017, p. 98). The years of Cultural
Revolution (1966-1976) were more “dark ages” for homosexuals, since homosexuality had been
regarded as a feudal residual and western input, which needed to be eliminated (Wu, 2003). Any
men who were suspected conducting homosexual behaviors was possible to be prosecuted or
sent to laojiao (re-education through labor) (Worth et al., 2017). Until 1979, the phrase did not
specify a maximum time restriction, implying that homosexuals might engage in collective labor
for as long as they were required (Human Rights in China, 2001).
Although homosexuality was decriminalized in 1997 and no longer seen as mental
disorder in 2001, the Chinese government and Chinese people still view homosexuality as an
othering subgroup with negative social effects (Criminal Law of the People's Republic of China
9

(1997 Revision); Chinese Society of Psychiatry, 2001). The National People’s Congress has
reinforced heteronormativity and negatively reviewed same-sex relationships; its goal is seen in
propaganda that “monogamy stipulated by current marriage law is based on one man and one
woman,” and “recognizing same-sex partnership is not in line with national conditions and
historical and cultural traditions (Yang, 2019).” By relating monogamy to heterosexual marriage,
China authority institutions suggestively put homosexuality in a social marginal place that seems
to be potentially polygamy and does not fit any Chinese culture. Therefore, being a homosexual
Chinese is being socially “other” and immoral, which creates shame for homosexuals’ family
(Liu & Choi, 2006, p.s26; Kong, 2016, p.505).
Contemporary China’s overall hostility towards homosexuality and discrimination
against the homosexual community are also due to HIV risks. The nation’s action plan of HIV
prevention and containment emphasizes men who have sex with men by recommending large
and medium-sized cities where male same-sex sexual HIV transmission is rising rapidly to
strengthen the monitoring of risk factors and cases (Guowuyuan bangongting, 2017). Since men
who have sex with men has been labeled a national health problem that needs to be closely
monitored, the homosexual community continuously lives with an internalized homophobia and
social stigma that has a high possibility to be infected with and transmit disease. This HIV-
related stigma deeply increases homosexual motivation to conceal their identity and pretend to
be “normal” for the sake of emotional self-protection (Yoshioka & Schustack, 2001).
To survive in family kinship, Chinese queers have developed a new form of marriage-
xinghun 形婚, also called “fake marriage” or “sham marriage” in western media (Lim, 2013).
10

Queer xinghun is a marriage arrangement between a gay man and a lesbian woman. They stay
within a legal marriage but with an asexual relationship for the purpose of meeting the social and
familial expectation of getting into marriage at a certain age. Liu (2013) believed that 90% of
Chinese gay men entered a marriage with a heterosexual partner by not disclosing their sexuality.
This fraud marriage (pianhun 骗婚) performed by gay men uses heterosexual women as a shield
to defend against marriage pressure and has created much social concern of the heterosexual
partners, popularly known as the tongqi 同妻 group. Studies report most tongqi lack sexual
satisfaction, especially after giving birth to a child (Zhu, 2018). They also have the possibility of
suffering from “slow violence,” social insecurities, and emotional and psychological problems
and can be infected with AIDS unwittingly (Tsang, 2021). Zhang, Zhang, and Lu’s research
(2022) studied the antigay discourse published by tongqi on social media. Tongqi and other
homophobic netizens have invented diverse socially negative terms to label gay men. Both the
tongqi and xinghun phenomena highlight the gender heteronormativity and heterosexism in
China because they reinforce the idea of gender roles and family continuity. Although there is a
new form of queer marriage negotiated between Chinese homosexual and culture value, by
performing such xinghun, homosexual people have unavoidably been forced to yield to
heterosexual marriage which has, in turn, produced a more negative self-image of the queer
community.
As Taiwan is also a Chinese society, it is important to discuss Taiwan in terms of Chinese
Confucian values. There is also a need to briefly investigate homosexuality in Japan because
Japan had a large impact on Taiwan during the period of colonization. In contrast to Korea and
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China, Japanese people present more inclusive attitudes towards homosexuality. According to a
survey conducted by Hiroshima Shudo University in 2019, 64.8% of Japanese supported
recognition of same-sex marriage. The approval rating rose as high as 81% for Japanese in their
20s and 30s (Kunizaki & Tsuboike, 2020). Historically, similar to ancient China, Japan socially
accepted same-sex relationship in the practice of nanshoko 男色, translated as “male sexual
pleasure” during the Edo period (1603-1867) (Saeki, 1997; Joplin, 2021). During the Meji period
(1868-1912), however, as Meji scholars sought a more westernized and modernized Japan,
imperial Japan absorbed homophobic thoughts from the western world, where attitudes towards
minority groups retained hostile at that time. In 1872, Japan criminalized homosexuality as the
term "sodomy" (keikan). The law was repealed in 1882. (Makoto and Lockyer, 1994). Japanese
attitudes towards homosexuality turned more open after World War II, since Japan’s defeat
brought change in social value and circulated the notion of “freedom” and “democracy” during
the American occupation period (Sato, 2018). Queer nightspots and districts with queer boy
workers (gei 芸) started to emerge that represented people’s queer curiosity and desire
(McLelland & Suganuma, 2009). Since the 1990s, the queer community has increased its
visibility through a “gay boom” in mass media (Welker, 2017). Japan witnessed the increasing
popularity and consumption of shonen’ai (boys love) manga by female readers. This genre offers
a utopia for readers to escape from patriarchy by portraying gay boy protagonists’ passionate and
beautiful, understanding of females (Thelen, 2021). Although Thelen argued that this popularity
did not create space for Japanese homosexuals to come out to speak, other scholarly studies
confirmed popular cultural works’ rejection of heteronormativity and positive effects on queer
12

talks, being-gay self-attitudes, and social tolerance (Enriquez, S. & Lippert; 2020; McLelland,
2000).
According to a national survey conducted by Japan’s LGBT Research Institute (2019),
Japanese people show a social tolerance of the queer community; 57.1% of Japanese perceive
same-sex relationships as acceptable. However, politically, scholars for a long time criticized the
Japanese government for providing little recognition to anti-discrimination, queer rights, and
same-sex partnership (Chung, 2021; Krumbein, 2022). For example, the local family registration
system (koseki 戸籍) only recognizes the family as a social unit; people not registered on a
family’s koseki have less access to social welfare and inheritance. The only way for Japanese
homosexuals to get legal protection for same-sex partnerships is adoption. Since Japanese law
allows one adult to adopt another, by using the adoption system, homosexual partners are able to
register on the same koseki, adopt the same surname, and acquire family and legal rights such as
signing surgery consent forms for the partner (Maree, 2004). Japanese politics have remained
conservative on LBGTQ issues. The government has not issued a national anti-discrimination
law in employment, education, or any other aspect. Meanwhile, ruling party members have
delivered several anti-LGBTQ statements in mass media. In 2018, Sugita Mio, an incumbent
member of the House of Representatives of Japan and a member of the LDP (Liberal Democratic
Party), publicly declared that tax money should not be wasted on gay couples because they
cannot reproduce. A few days later, Tanigawa Tomu, another ruling party lawmaker, asserted
that same-sex couples do not need legal protection because being LGBT is “like a hobby”
(Yamaguchi, 2018). Their anti-LGBTQ comments raised large social opposition. More than
25,000 people signed a petition online and thousands of LGBT and non-LGBT people organized
13

a large protest in front of the Liberal Democratic Party headquarters demanding Sugita’s
resignation. However, Sugita added an explanation on twitter that her view won the support from
Cabinet minister levels. The overall conservative attitudes towards LGBTQ groups in the LDP
was made public as the result of this accident. Although the LDP posted an official notice on its
website saying Sugita’s remarks “lacked consideration for others,” neither Sugita nor Tanigawa
were punished or apologized (Adelstein, J., & Yamamoto, M., 2018). Currently, although a few
districts, such as Shibuya and Setagaya, play a leading role in recognizing and issuing same-sex
partnership registration papers, the overall government and ruling party policy in Japan is still
conservative in this matter. As of 2021, Hokkaido court has ruled that not allowing same-sex
marriage is unconstitutional and considered taking the case to the higher court. Although it is a
first-ever legal success for the Japanese queer community, Kobayashi and Hollingsworth (2021)
argued that this judgement was still far from the final decision of same-sex legalization, since
“there is almost no appetite among the ruling party to do so.” There might be even less
possibility for Japan to legalize same-sex marriage during Kishida’s term.
The previous discussion goes over the policies regarding homosexuality and social
acceptance or opposition to homosexuality communities in Hong Kong, China, and Japan. It is
clear that despite long ancient history of homosexuality, homosexuality encountered
discrimination and marginalization in Chinese social contexts since the Republic of China era. In
addition, contemporary Communist China government, in some ways, explicitly discriminates
against homosexuals by associating same-sex relationship with un-Chineseness and HIV
infection. Although Japanese society reveals more social tolerance of the queer community due
to a long indigenous history of homosexuality, after-war westernization, and a popularized gay
14

boom in mass media, the Japanese ruling party and government continue retaining less interest in
acknowledging and legislating in favor of same-sex marriage. Additionally, although
homosexual couples cannot legally get married and have less access to legal partnership rights in
their countries, homosexual couples have negotiated and developed a new form of relationship
that fits local social, cultural, or political context – xinghun in China and adoption in Japan. On
the one hand, these practices vividly demonstrate the vitality and dynamism of the
homosexuality communities in these countries. On the other hand, however, since homosexual
couples themselves compromise to local cultures and legal systems by seeking alternatives
without petitioning for legal same-sex marriage, their compromise in regard to marriage form has
further consolidated the heterosexism values in China and Japan. The overall social atmosphere
in Asia is still considered conservative and somewhat homophobic.
History of Taiwan’s Queer Rights Movement
Given this background, the legalization of same-sex marriage in Taiwan in 2019 became
a first case in Asia that is worthwhile to discuss. While other countries’ governments remain
reluctant to focus on homosexuals as a minority group, how could Taiwan play a leading role in
same-sex marriage legalization? Considering that more than 95% of the population in Taiwan is
Han Chinese, the three areas – China, Hong Kong, and Taiwan, all share a similar Chinese
cultural heritage and Confucian values (Government Portal of the Republic of China (Taiwan)).
Taiwan’s percentage of Han Chinese is even higher than Hong Kong’s which is 92 percent.
While in Hong Kong and Singapore, two of the most westernized Asia cities, homosexuals still
live in a struggling and marginalized place or can even be sentenced by the local law, what
15

caused Taiwan, with a majority Chinese population and the country official name Republic of
China, to liberalize laws regarding homosexuality? Likewise, Japanese colonial influence does
not seem to set Taiwan apart. It was colonized by Japan for 50 years, but became more interested
in homosexual rights topic than Japan, China, or Hong Kong during this post-war era. How did
its social and cultural local context enable Taiwan to become such a unique Asian country? For
this study, before analyzing what allowed for the success of same-sex marriage legalization in
Taiwan, it is important to first revisit the historical and cultural development of Taiwan queer
activism.

The notion of same-sex marriage in Taiwan was first brought up by an AIDS and gay
activist Chi Chia-wei in 1984. He was also the first Taiwanese gay who openly revealed his
sexual orientation (Yeh & Tien, 2016). Chi’s appeal for recognition of same-sex marriage was
granted 33 years later by the government. In 2019, Taiwan’s government finally legalized same-
sex marriage through reinterpretation of the constitution. The 33-year development from the
initial consciousness to final legal decision and practice is considered much shorter and intense
than most countries. Ho (2018) described this process of marriage equality as a “big bang” that
Taiwan’s gay and lesbian movement realized “marriage equality all in one step, without
undergoing the protracted gradualism that involved partial concessions.” Ho’s statement has
gained support from other scholars and adds to the necessity to research Taiwan queer studies
and try to interpret how Taiwan, as a latecomer in queer activism, moved so fast in achieving
marriage equality. There is a lively academic discussion of how to interpret Taiwan’s road to
marriage equality.
16

Chou and Coleman (2000) reviewed the historical formation of homosexual
consciousness and activism of Taiwan’s tongzhi (同志, comrade, or LGBTQ+ people)
community in the late twentieth century. In their explanation, the surge of Taiwan’s native
tongzhi activism came out after the lifting of martial law and the demise of Chiang Kai-shek’s
autocracy (1949-1987). After defeat in the Civil War in 1947, Chiang Kai-shek’s nationalist
party (KMT) government migrated to Taiwan and imposed martial law. Due to Chiang’s desire
to retake the Chinese mainland in the next few years, the government prioritized mainlanders and
enforced Chinese education on the Taiwanese people who were mostly descended from
immigrants who came from the Chinese province of Fujian in the seventeenth and eighteenth
centuries. Unlike Mao’s Cultural Revolution, which attacked cultural institutions, traditional
culture, and religion in Mainland China, Chiang’s KMT government began cultural revival
movement and intended to highlight its “orthodox” position in Chinese culture and history
(Chang, 2017). Therefore, Chiang’s government placed Chinese traditional family values,
Confucianism, and heterosexism center of political and social discussion.
Since KMT’s Taiwanese society strictly followed Confucian morality, gender hierarchy,
and family values, homosexuality was also less present in the public sphere. Even if it appeared,
the mass media described homosexuals as morbid, immoral, and negative to the society. The
common words to describe homosexuals included biantai and renyao, which suggest someone
with abnormal sexual proclivities (Damm, 2005). Chiang’s government further reinforced gender
roles in the household by producing propaganda to blame communist China for separating kids
from women and forcing women to go outside to work and men to cook at home. In the KMT’s
patriarchal government vision, people had to fulfill their responsibility for the country by
17

maintaining and increasing males’ masculinity or females’ maternity. The priority of a good
citizen was to be a good child, parent, or husband/wife. Otherwise, homosexual identity, which
did not fit traditional gender roles, would be potentially identified as a threat to the country or
even pro-communist (Chen, 2019).
In addition, in mass media, events related to homosexuality were normally presented in a
sensational and grotesque way that suggested that queerness caused social concerns and
insecurity. For example, Huang Hsiao-hsien, the son of Nationalist general Huang Pai-tao, shot
his boyfriend Mr. Yang in 1956. The United Daily News covered this event in a full page with
photos of a bloody suit, crime scene, and Yang’s broken skull. It then turned into a series of
follow-up story-like reports in the next few months. These articles ruined Huang’s reputation by
emphasizing his womanish character and described Huang’s motivation for murder as the threat
of disclosure by Yang of their relationship. Another article written by one of Huang’s supporters
highlighted Huang’s noble family background, stating that a man from such a highly reputed
background could not be a “shameless” and “lousy” gay. All these publications served to satisfy
people’s curiosity in regard to unknown subgroups and promote unfavorable impressions of the
queer community that focused on the negative social side effects and implied that a man who
disclosed his homosexual identity was not better than dead (Chi, 2017). Another article
published in 1974 playfully introduced Ms. Chen, a man who identified as a woman entangled in
a love triangle (Minsheng Daily, 1974). Although Chen clearly self-identified as a woman, the
article’s title “yinyang ren,” meaning androgynous, described Chen as neither man nor woman.
It further clarified that Chen was “half woman and half man” and cited a doctor who was willing
to perform a sex reassignment surgery for Chen. All these statements suggested a fixed gender
18

normativity in Taiwan society during the period of martial law. The society did not allow for the
presence of transgender identity and someone who did not fit the gender roles would be
considered problematic. A queer person such as Chen who did not fit into the traditional binary
gender framework was expected to go under the knife and transform some parts of the body to
unify inside and outside gender identity.
Although queer communities lived in a harsh environment full of marginalization and
prejudice during Chiang’s dictatorship period, they also developed an underground queer space.
In the novel Niezi ( 孽子, Crystal Boys, first serialized by Xiandai Wenxue magazine between
1977 and 1978), Pai Hsien-yung documented homosexual underground subcultures and gay
prostitution activities in Taipei. Queer protagonists were exiled by their families and schools due
to their non-heterosexuality or “sinful” actions. For example, one of the protagonists, Li Qing
was forced to drop out after a school announcement board sensationally publicized his
homosexual relationship with his supervisor. After being thrown out of the house by his father,
Li moved to Taipei’s New Park and met other homeless homosexual youths there. Although
these young boys had a strong feeling of shame for failing to adhere to family values, they
adopted Taipei’s New Park as a place to negotiate and develop their queer identity. Since the
park was locked during the night, they climbed over the wall made it a private hideout. In the
park, they confessed their sexual orientation, exchange personal stories, and rendered prostitution
services.
Taipei homosexuals also gathered in a nearby cinema named The Red House 西門紅樓.
The cinema often aired outdated western films and had a very small volume of visitors every
19

day, which enabled it to become a backyard for gays. During films, gays sat at the back to have
sex (Zhu, 1997). The wall in the restroom was full of exclusive codes and graffiti, privately
delivered messages circulated only in the gay community. There were also some gay prostitutes
waiting for interested clients in the restroom. (Chen, 2017; Daidaioujishang, 2015). Both New
Park and The Red House presented a dynamic self-constructed secret space for homosexuals
during the martial law period. With an exclusive coterie and encrypted messages, queer people
recognized and communicated with each other in these private subculture civil spaces. Although
their actions were conducted underground and they struggled with gender normativity and
authoritarian structures, the confidential homosexual desire and social practice in the pre-1990s
martial law period cannot be overlooked.
Scholars commonly acknowledge that Taiwan queer culture and activism started to be
visible in the 1990s. The 1990s was marked as the ending of the political authoritarian system
controlled by one family and a starting point of rapid democratization and pluralization of the
society after the lifting of martial law and censorship regulations. Beginning in 1987, people in
Taiwan were allowed to publish magazines and newspapers without government restrictions. The
new pluralist society provided space to explore Taiwanese and minority identity. In 1990, the
first lesbian group “Women zhijian” (Between Us) was established. (Lin, 1998; Damm, 2011).
With more than 4,000 members and other potential interested 10,000 lesbians, the group raised
lesbian identity, self-recognition, and mutual support by providing activity and cultural space
(Ni, 1997; Zhuang, 2002; Lin, 1998). In 1994, the group started to issue a bi-monthly magazine
Nüpengyou (Girlfriends) to the public. With about 30-60 pages in each issue, the magazine
covered various topics including love, orgasm, one-night stands, homosexual bars, and xinghun,
20

etc. The goal was to create a dynamic interactive space for lesbians to discuss lifestyles and gain
information (Eslite, 1994).
Colleges became a hotbed for discovery of queer identity as well during the 1990s. In
1993, the first national gay group, NTUGayChat 台大男同性戀問題研究社 was founded by gay
college students in National Taiwan University, Taipei. Besides mutual communication and
discussion, the group had the ambition of building a leading research database for queer studies.
The group was active in recruiting talent to research queer issues and develop local queer culture
(Ni, 1997). Soon after NTUGayChat, the first NTU lesbian group, Lambda 浪達社 was
established in 1995 (Volker, 2002). In the same year, the two groups together hosted a first
annual Gay & Lesbian Awakening Day. With the theme of “tongzhi in campus,” the celebration
hosted a festival exclusively for local queer youths. It invited high school and college students in
Taipei to participate and provided various activities for them to understand queer culture and
discuss gender and sexual issues. Due to the open discussion of queer identity in college
activities and mass media, Taiwanese homosexual young people had the chance to reduce
feelings of isolation, accept themselves, and understand and develop local queer culture and
identity. Meanwhile, these queer groups did not only explore self- and social-recognition issues,
but also proactively participated in queer activism and protest. However, their protest focused on
anti-discrimination topic, rather than advancing political and policy demands (Ho, 2019).
Taiwan’s queer activists and law makers began to address the notion of same-sex
marriage in the early years of the twenty-first century. Chen Shui-bian 's 陳水扁 government
first touched this issue in 2001, as the then vice-president Lu Hsiu-lien 呂秀蓮 and the Ministry
21

of Justice drafted The Bill Guarantee of Human Rights of the Basic Law. It first mentioned that
same-sex partners should enjoy the same legal rights to form a family and adopt children as
heterosexual couples do, yet it refused to equate the rights for same-sex couples of having a
family and children to same-sex marriage (Gsart, 2003). In 2005 the DPP legislator Hsiao Bi-
khim 蕭美琴 sent her proposal for a same-sex marriage law to the Legislative Yuan 立法院.
Similarly, it soon died without an official discussion process (Chen, 2017).
Same-sex marriage legalization did not become a true possibility until 2010 (Lee & Lin,
2022). The DPP legislator Yu Mei-nu 尤美女 suggested Civil Law Amendment Draft and called
the definition of spouse should not be limited to the heterosexual one. Her proposal was further
revised by another DPP legislator Cheng Li-chun 鄭麗君 in 2013. Then in 2016, Tsai Ing-wen
蔡英文 became the first president officially running a marriage equality campaign. After coming
to power, her government made efforts to amend the civil code. In March 2017, a panel of 14
grand justices heard a debate about whether the civil code that allows marriage only between a
male and a female was unconstitutional. In May 2017, the justices of the judicial body officially
decided the previous marriage law should be changed and issued a constitutional reinterpretation
that allowed same-sex marriage. Then the panel of judges gave Legislative Yuan two years to
amend or enact new laws, which the country was going to legalize same-sex marriage by 2019 at
least. In 2019, the Taiwan government finally officially announced the decision of legislation of
same-sex marriage, which made Taiwan the first Asian country to do so.
22

Review of Scholarship on the Taiwan’s Legalization
Contemporary scholars interested in the emergence of queer activism and the political
decision-making process surrounding same-sex marriage legalization offer a variety of
explanations for this legal process. Several scholars believed that economic growth and rising
levels of education had resulted in social pluralization and inclusion dynamics. Cheng, Wu, and
Adamczyk (2016) discovered that people in wealthy countries are more accepting of
homosexuality. Their study indicated that positive attitudes towards same sex marriage in
Taiwan rose 132% between 1995 and 2012 much higher than in Japan (58%), and China (64%).
The accumulation of wealth, rising educational levels, and popularity of liberal values such as
divorce and new gender roles enabled Taiwanese to accept homosexuality. Tang et al. ‘s
comparative studies of Hong Kong, Taiwan, and Japan confirmed this finding (2020). They
discovered, through qualitative interview research, that the dominance of social liberal values
such as later marriage and divorce altered the meaning of heterosexual marriage. The
improvement of education levels and liberal/sexual values increased overall social acceptance of
the LGBTQ community in Taiwan.
Some scholars have embraced a localism and history revival hypothesis during the new
democratization period. Wang and Chung (2017) highlighted the long-lasting impact of
homosexual local traditions dating back to the Ming Dynasty. Only after Japan took over Taiwan
was the gender binary system imposed during the colonization period abolished (Lin, 2018).
Taiwan’s homosexuality tradition places greater emphasis on the cause of same-sex marriage,
whereas heterosexual marriage and monogamy were invented by western individualism and
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modern capitalism, which mistakenly converted Christian convention to Chinese tradition (Ning,
2017). Krumbein's most recent study (2022) compared Taiwan's path to marriage equality to that
of its neighbours: South Korea, Hong Kong, and Japan. Krumbein argued that Taiwanese
advocates for marriage equality were really localized according to the country's culture and
values. His work not only addressed human rights issues, but also emphasized values such as
mutual support and a stable family and partnership that makes same-sex marriage workable.
Furthermore, some scholars provide explanations for the changing of the ruling party and
political dynamics. In 2008, a legal reform introduced proportionate representative (PR) seats.
Nominated by their parties, PR lawmakers were shielded from constituents' concerns about their
political future and became more likely to introduce unpopular sexual minorities reform
legislation (Ho, 2019). A validated dataset proved that PR lawmakers are consistently more
likely to support same-sex marriage laws than their counterparts elected in single-member
districts (SMDs), even after controlling for partisanship (Rich, 2016). In terms of the ruling
party, the DPP is generally considered more LGBTQ-friendly than the KMT. For a long time,
DPP political elites saw marriage equality as an opportunity to raise Taiwan's democratic profile
and portray the country as more humane than mainland China (Chen, 2019). Zhong (2016)
regarded political opportunity as an independent variable of movement formation, development,
and decline, influencing the marriage equality movement's strategic choice. The study held that
the reason for the poor progress of the previous protest cycle in Taiwan lay in the ruling of the
24

conservative KMT, while the political opportunity brought by the return of the DPP in 2016
brought the main progress for same-sex marriage legalization.
Other studies moved a step further than partisanship image and emphasized the coaction
of generational change, queer activism organizations, and political governance. Chen (2012)
emphasized the importance of organizational resources in the legalization process by studying
resource mobilization theory. According to the research, the legalization of gay marriage can
only be completed through the integration of the forces supporting gay groups, the reserve of
political strength, the effective convergence and integration of professional talents and resources,
and political mobilization strength. Ho (2019) recognized a surge of young generation activism
worked together to move forward marriage equality reform. Ho believed that the 2014 Sunflower
Movement, a student-led movement, fueled a surge in support for marriage inequality among
younger generations. According to Ho's analysis, during the Sunflower Movement, student
activists successfully prevented Taiwan's free-trade bill with China from being passed by
occupying the legislature for twenty-four days. The final success inspired the young generations'
greater interest in political involvement, finally leading them to become a rainbow generation
who endorsed marriage equality reform.
This research contributed to a better understanding of Taiwan’s decision to legalize same-
sex marriage. Some of them also made comparisons between Taiwan and other Asian countries
in order to understand Taiwan’s uniqueness in Asia. Nevertheless, they fail to dive into the social
context of Taiwan and other Asian countries. Although some research highlighted that rapid
25

economic growth, which made legalization of same-sex marriage in Taiwan possible, it needs to
be noted that economic development happened in every East Asian country in roughly the same
period and did not necessarily bring liberal values. For instance, the index of Per Capita
Disposable Income in China rose from 4,532 yuan in 2002 to 35,128 yuan in 2021, which
increased by 675% (National Bureau of Statistics of China). From 2002 to 2019, the Taiwanese
index increased from 371,869 to 557,634 NT dollars (National Statistics, R.O.C). Taiwan’s
nearly 50% income increase rate was far behind China’s astonishing development. Taiwan's
overall economic development level may approximate that of Korea. Korea had a GDP per
capita was US$14,209 in 2003, whereas Taiwan had a GDP per capita of US$14,120. Korea’s
average income was nearly US$30,000 in 2017, whereas Taiwan’s was US$24,000 in 2017
(Abdini, 2019). Recently, Tsai Ing-wen’s administration has announced a national target, stating
that the country's GDP per capita will surpass that of South Korea for the first time in 19 years
by the end of 2022 (Yeh, Liao, & Yen, 2022). Whereas, neither China nor Korea has the same
level of changing of policy and emergence of queer rights activism compared Taiwan. Although,
according to Adamczyk et al.’s research (2016), 64% of Chinese have changed their attitudes
towards homosexuality, the overall climate in China remained conservative, with a high
premium placed on marriage obligations, as seen in the practice of xinghun. Since the Chinese
government’s position remained ambiguous or even negative on this issue, rapid economic
growth, alone, cannot really bring the queer community to the stage’s front. In Korea, the social
tolerance of the homosexuality community was even lower. According to a global assessment of
26

national views on homosexuality conducted in 2013, Korea was the least supportive among of all
high-income countries examined in this research, with the majority of citizens (59%) believing
that homosexuality should not be socially accepted (Wike et al., 2013). Even the former
president and human rights lawyer Moon Jae-in openly announced during a television debate that
he opposed homosexuality (Ahn, 2017). This information refutes the notion that the economic
growth and development has a significant impact on the legalizing process of same-sex marriage.
Furthermore, it was true that DPP legislators and Tsai’s government were the main
political force driving the legalization of same-sex marriage. However, as Chen (2011) argued,
whether DPP or KMT, the political views of homosexuality carried by politicians cannot be
simply reduced to their efforts to attract voters. Such an understanding fails to discuss the
Taiwanese capacity for queer activism and lacks understanding of the complicated social context
in Taiwan. Krumbein (2020) then challenged previous theories regarding the DPP’s proactive
image. He argued that on the one hand, the DPP seemed to have a strong connection with human
rights issues and civil society; on the other hand, the DPP has roots in conservative South
Taiwan, the place with the most Christian churches which were largely opposed to same-sex
marriage. Therefore, although the DPP announced itself as proactive in human rights, the
legalization campaign had low priority and had been postponed until the last minute. In
Krumbein’s analysis, the dynamics of LGBTQ activism and the young generation played a more
crucial role in the introduction of same-sex marriage. The LGBTQ movement, such as annual
queer parade and other social events, increased the visibility of the homosexual community,
lobbing efforts for anti-discriminations, and same-sex marriage legislation. Gender education
27

begun in school also promoted the notion of gender inclusivity and marriage equality among the
youth.
Krumbein’s study successfully articulated the importance of integration of social
organizations, activism, and young generation efforts in Taiwan’s road to marriage equality and
reflected the complicated social context in Taiwan other than previous two-political parties'
conservative vs. liberal agenda. As seen in a recent study (Yan, 2016), nearly 80% of citizens
under 30 support same-sex marriage, thus it is necessary to highlight the young generation in
study of Taiwan’s same-sex marriage. However, although recent insights note the importance of
Taiwanese youth, existing research has not fully answered why education or the liberal
movement led the young generation to pursue marriage equality, rather than other human rights
campaigns. Meanwhile, Krumbein did not really explore why the new generation shifted
attitudes so dramatically and became much more open to same-sex marriage than the old
generation in the new century. Queer activism has been studied for years in terms of themes,
formats, and participants and much updated research provided valuable insights on the changing
of social and cultural context in past years and the relationship between marriage equality and
queer activism in Taiwan. However, the important role of the young generation and their
involvement into queer activism has been less researched.
This study intends to fill the gap of previous studies by studying the impact of young
queer activism that created the condition for legalization of same-sex marriage. The case study of
Rose Boy will allow for a analysis of the various stages of youth queer movement and
understand the relationship between queer activism and the attitudes of the youth.
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Case Studies
The young generation is a major subject of this thesis since more than half of the
Taiwanese people above the age of 40 opposes same-sex marriage, whereas 64% people who are
under 40 show support according to the research conducted by Taiwanese Public Opinion
Foundation (2016). Popular hypotheses which attribute participation of young people in the quest
for marriage equality have focused on the Sunflower movement and gender education in the
school. The Sunflower movement, as an anti-China political movement in 2014, was too
marginal to explain the young generations’ interest in queer activism and same-sex marriage
legalization. This chapter will expand on the impact of early gender education while going
further by analyzing the roots of gender education, and support for equality because of the Rose
Boy Incident, which happened in Pingtung County in 200 and its aftereffects.
The following chapter will conduct case study of Rose Boy Incident from the capacity of
gender education, youth queer activism, and popular culture. It will reveal how the incident and
its aftereffects served to bridge different generations, constructed Taiwan a more inclusive
environment in this century, and encouraged participation of young people to support and pursue
marriage equality.
The Rose Boy Incident
Right after the lifting of martial law, although there was a surge of new Taiwanese queer
organizations in the 1990s, Taiwanese society was still traditional and conservative in many
ways. The overall social recognition of liberal and equality values remained low. People who
pursued gender and marriage equality and non-heterosexual relationships were still considered as
29

marginal. In 1994, Josephine Chuen-juei Ho 何春蕤, a professor at National Central University
participated in a large anti-sexual harassment parade in Taipei supported by several womens’
rights and queer organizations, including women zhijian. At the end, Ho said: “I want a sexual
climax. Not sexual harassment.” Although the slogan then became a symbol of Taiwanese
feminism, Ho’s open discussion of sexual liberation and independence raised much social
debate. Then without notification, her name was silently removed from the Taiwanese Feminist
Scholars Association list of members (Ho, 1993; Ho, 1994). Later in 2003, Ho was sued by
Christian organizations for distributing obscene images, since she posted zoophilia images on her
research website. Although later Ho was acquitted of the crime, the social opposition to liberal
values was much clear. As Ho argued that “people’s common sense constitutes prejudice,” many
Taiwanese people still held traditional values (Ho, 1997).
The Queer community, in the meantime, was subject to marginalization and
discrimination. The majority of people still found queer culture morbid and unacceptable. At
school, LGBTQ students suffered from discrimination and bullying, which caused much mental
and physical pressure. The Rose Boy Incident in 2000 was a significant turning point for
Taiwanese young people’s perceptions of homosexuality and the queer community. On the one
hand, this incident exposed the existence of the queer community at schools and their dilemma in
dealing with bullying and violence. On the other hand, this incident highlighted the necessity of
anti-discrimination and inclusivity education at school and in society. As a result, more young
activists and minority people were encouraged to pursue minority rights.
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The Rose Boy incident, also known as the Yeh Yung-chih 葉永鋕 Incident, happened in
Pingtung County, in southern Taiwan. Born in 1985, Yeh was a student at Gao-Shu Junior High
School in 2000. Yeh’s mother described him as a tender boy who loved cooking and make-
believe plays. When she got off work, Yeh would voluntarily massage her shoulders. Yeh’s
neighbor also said that “your son is being better than our three sons together (Tsai, 2015).” Some
of Yeh’s teachers also found Yeh to be an innocent and kindhearted boy interested in singing.
When Yeh found out that a teacher was sick, he would come around and bring beverages to
comfort (Wu & Huang, 2022). However, he was constantly bullied by his classmates because of
his effeminate behaviors. Some bullies would seize him and pull his pants off in the school toilet
to humiliate him and check his gender. To avoid being beaten, he usually left class early to go to
the restroom.
Although his teachers all knew that Yeh’s bathroom time during class was excessive, no
one reported it to Yeh’s parents or dug deeper into the reasons. Yeh’s mother came to his school
several times to report bullying issues, yet no administrative officer took it into account and
sought resolutions. In April 2000, however, Yeh was found dead in the school restroom, with
severe brain injuries and dyspnea. At first, Yeh’s death was attributed to his personal health
condition, and it was said that he suddenly lost consciousness. Without reporting the case to the
police, the administrative team at Yeh’s school soon organized cleaning of the restroom which
washed away the flecks of blood on the ground. In January 2001, the Pingtung District Court
acquitted the principal and three other persons based on the forensic medical examination report.
No one at school was held responsible for Yeh’s death (Taiwan Pingtung District Court, 2001).
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The incident soon raised attention to LGBTQ rights and inclusivity concerns (Civil
Services Ethnic Office Tainan City Government, 2020). Gender equality, homosexuality, and
education organizations all came to blame the school’s failure to respect and protect Yeh’s
gender nonconformity. In June 2000, the Gender Equality Education Committee at the Ministry
of Education formed an investigation team. The report was finished in one month and
highlighted sexism and violence (Taiwan Gender Equality Education Association). Later in
August, committee members from the Gender Equality Education Committee published a special
journal on the topic of men’s studies. This journal aimed to break away from traditional gender
normativity and stereotypes by showing that men can also be soft and tender and asserting that
such characteristics cannot be equated to a personality defect. The articles discussed the issues of
gender discrimination and marginalization of the minority community from different
perspectives. One article suggested that the traditional binary gender discourses made Yeh’s
classmates suspicious of Yeh’s gender due to Yeh’s “effeminate hobbies.” It then discussed
social intolerance of homosexual issues. It suggested that gender equality activists focused much
on changing gender stereotypes but should consider more about de-stigmatization and
normalization of the homosexual community. The article attributed the problems to the current
absence of gender equality and homosexuality education in the school curriculum and textbooks,
which should be changed (Tsai & Cheng, 2000).
The Rose Boy Incident called attention to the introduction of gender equality and
pluralism education at school. Three months after Yeh’s death, Danubak Matalaq, then an intern
teacher at Yeh’s school, sent a proposal to play a gender equality education documentary in
class. At first, he felt that this proposal had little possibility of being approved, since at that time,
32

customs were still conservative, and just broadcasting gender documentaries in school was a
revolutionary innovation. However, his proposal quickly passed all review procedures. After the
screening, students proactively participated in discussion and the principal wrote an article to
review this activity, which enabled the school to start a gender equality dialogue. Matalaq
commented that it seemed that all people were hungry for gender education. The incident also
led activists to promote gender education. For instance, Matalaq became an activist after the
incident. In the words of Matalaq (Mirror Media, 2019), “If there wasn’t Yung-chih, I might not
have devoted myself to gender education for another ten years. There is a very important
transition in the promotion of gender equality, from the gender binary perspective to gender
equality. If gender education can be implemented earlier, the earlier children know and
understand gender diversity, the higher the possibility of achieving equality.”
In 2001, the Ministry of Education proposed a new theme of gender education including
“multiple genders (duoyuan xingbie 多元性別)” and “campus safety (xiaoyuan anquan 校園安
全)” to challenge the previous gender binary discourse. The death of Yeh also led the Ministry of
Education to change the name of the Bisexual Gender Equality Act ( Liangxing pingdeng jiaoyu
fa 兩性平等教育法) to Gender Equity Education Act (Xingbie pingdeng jiaoyu fa 性別平等教
育法). Su Chien-ling 蘇芊玲, the drafter and editor of draft Gender Equity Education Act has
recalled that “Yeh Yung-chi’s death actually opened another door for Taiwan’s people,
especially those who care about gender education. It's not that because of the Yeh Yung-chih
incident, everyone suddenly felt that gender binary system was not enough to incorporate gender
diversity, but the death of Yeh did play a very key role in promoting the concept of gender-
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friendly campuses by the Ministry of Education and changed Bisexual Gender Equality Act to
Gender Equity Education Act” (Li, 2017). The new act required schools to provide a gender-fair
learning environment, respect, and due consideration to students, faculty, and staff with different
gender, gender temperaments, gender identity, and sexual orientation. In addition, schools shall
provide assistance to students who are disadvantaged due to their gender, gender temperaments,
gender identity, or sexual orientation with the aim of improving their circumstances (Gender
Equity Education Act Article 12, Article 14).
The Rose Boy Incident likewise became the focus of an important educational endeavor
on a national level in 2007 since the documentary film Rose Boy produced by the Ministry of
Education was distributed to all high schools as gender education material. The 40-minute
documentary begins with the narration of Yeh’s incident, then straightforwardly portrays the
challenging living conditions of youths with gender variance by inviting some children similar to
Yeh to share their experiences. Some students reported that like Yeh, they were being mistreated
and experienced physical violence at school. Their classmates viewed those who have gender
nonconformity traits weird and purposefully laughed at them by imitating their voices or
isolating them from the group. The end of this documentary left several open-ended discussion
questions for students: Do all boys have to fit into one kind of definition? Can girls have boy-like
traits? Can boys have girl-like traits?
After going over the tragedy of Yeh and other queer boys, these questions in the
documentary might all lead to one answer: biological sex cannot be the only way to define a
person’s character. Boys do not have to be masculine, and it is acceptable for girls not to be
feminine. Class participation records suggested that when the material focused on Rose Boy’s
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story, students’ in-class discussion could avoid any careless allusion and attack to people around.
When noticing such a past tragedy, students could have a specific understanding of
discrimination and suffering against the queer community and start to think about the reasons
behand it (Xu, 2018). The ending discussion questions, indeed, provided an opportunity for
students to express their feelings and discuss with each other. Such educational material
documenting the Rose Boy Incident created an inclusive space for students to understand and
respect the queer community. When gender non-conformity and different sexual orientations
have been made visible in open discussion and gained empathy during students’ early life, the
younger generation is more likely to respect and understand queer people and recognize the lack
of queer rights in the past, which raises their consciousness and pursuit of minority rights.
At the same time, the Rose Boy Incident had long-lasting positive effects for youth queer
activism and queer identity consciousness by inspiring the queer movement and derivative
popular culture under the efforts of Yeh’s family members and other popular culture figures.
Although initially Yeh’s mother, Chen Chun-ju 陳君汝 suspected Yeh had mental illness and
took him to the urologist and psychiatrist several times, after his death she became a queer rights
activist (Taiwan Women). She made frequent media appearances to talk about gender and
marriage equality and minority rights. In 2010, in the first homosexual parade in Kaohsiung, she
showed up to support the community. Chen publicly called queer people her kids and classified
them as someone she needed to protect: “I cannot save my son, but I want to save kids like him.”
She then encouraged young people to bravely pursue marriage equality by destigmatizing
homosexual relationships: “When Heaven and Earth created a person like you, there must be a
mission for you to fight for human rights. Be yourself. Don't be afraid.” Her words resonated
35

with participants. They were moved to tears and cheered when they heard such encouragement.
The video on social media of this appearance also won much support. The audience was touched
by Chen’s simple and straightforward words. The resonance did not only come from Chen’s
suffering as Yeh’s mother, but also from her empathy with the homosexual community and
intention to be their voice by taking these kids as her own children. (CTS News Magazine,
2011).
In 2016, she joined the homosexual parade in Kaohsiung again and brought attention to
same-sex marriage legalization. Her presence first astonished the audience then an outburst of
cheers demonstrated Chen’s reputation among queer activists. During a short speech, she first
reviewed the past tragic history: “The state just makes you hide in the corner of society and shed
tears secretly. I am very distressed. Why don't you even have the most basic human rights?”
After this, she encouraged current activists to future efforts to legalize same-sex marriage. In a
philosophical tone, she stated, “If the legalization of gay marriage is simple, there will not be so
much history for homosexuals to write. Today's loss is the history of future tongzhi! Let us all
unite (Civil Media@Taiwan, 2016)!” Her speech received much applause from the audience,
including youths, liberal Christians, cross-dressing boys, queers, and queer supporters. For years,
Chen undertook efforts to achieve marriage equality since she did not want what happened to
Yeh to happen to anyone else. Her avocation in public has increased the recognition of marriage
equality by linking it with the Rose Boy Incident and encouraged fellow activists to proceed with
the topic of same-sex marriage legalization.
Jingkuang (2018) shared a personal story on YouTube about how she/he was able to
embrace a homosexuality identity after listening to Chen’s speech during this parade.
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“I cried several times when I saw Yeh Yung-chi’s story. I am really impressed
with Yeh's mother. I remember when I was in middle school a few years ago, I was
confused and uneasy. Every night I was thinking about who I was and where I should go.
Then I saw someone on the Internet sharing what Yeh's mother said on stage during the
parade. She speaks Taiwanese Mandarin and is even older than my mother, but she stood
there and shouted firmly to the people below, ‘Children, you guys are right.’ I was really
stunned for a long time, crying through half a pack of toilet paper. I couldn't calm down
for a long time. After working so hard and persevering for so long, I always felt isolated
and helpless. It turned out that all I wanted to hear was a simple sentence ‘Children, you
guys are right.’”
As Chen considered homosexual children her kids, MOMB GE (2019) also considered
Chen as a second mother that provided him/her abundant emotional support and led him/her to
accept identity as a minority person.
“Yeh’s mother is my second mother in spirit. Even though she doesn't know me, I still
want to call her mother. [...] Whenever I watch this video, I feel so warm. I can disarm
and really face my true self.”
From these comments, it is clear that the Rose Boy Incident and Yeh’s family contributed
to shifting young attitudes and encouraging youths to accept being different and turn their sights
on queer rights. Chen has successfully turned herself from a victim who lost her son from
campus violence to a queer activist. The presence of Yeh’s mother and her public speech during
the queer parade has broadened the impact of the Rose Boy Incident on the queer community.
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With her mom-like and rustic style, Chen has quickly shortened the distance between her and
queer young generation and become an inspiring figure. After Chen expressed a great respect
and encouraged queer people to pursue marriage equality, young people could have more
positive attitudes about their sexual orientation. With the belief that all people are equal, queer
youths could be not afraid of being “abnormal” and became more determined to make
themselves visible by pursuing marriage equality through activism.
The Rose Boy incident has also inspired the production of artworks and further created a
discursive space for homosexual rights. Pro-LGBTQ musicians and artists continue creating
music and film pieces derived from the Rose Boy Incident. Such media production did not only
support the social recognition of gender and marriage equality, but also built the incident along
with the concern of LGBTQ rights into the Taiwanese culture legacy. One significant example is
Jolin Tsai 蔡依林. Known as the Queen of C-pop, she is one of the most influential Taiwanese
singers and actresses. Also a leading LGBTQ activist, Tsai often calls for minority rights in
public and has produced many works about it, such as “Fantasy” in 2012 (Mihuan, 迷幻) and
“We Are All Different, Yet the Same (Buyiyang you zenyang, 不一樣又怎樣)” in 2014.
We Are All Different, Yet the Same was originally a song inspired by a lesbian couple’s
story. In the lyrics, Tsai explores the topic of sexual pluralism and love by saying that different
yet the same, everyone has a special one, and love should not be limited to heterosexual couples.
In 2015, Tsai extended the social recognition of homosexuality and same-sex marriage by
producing a documentary about the Rose Boy Incident. A few months later, at her “Play World
38

Tour” concert, she played this documentary short film We Are All Different, Yet the Same
directed by Hou Chi-jan 侯季然.
This 5-minute documentary takes place from Yeh and his mother’s perspective. It starts
from Yeh’s life tragedy and then goes over to Chen’s efforts in the LGBTQ rights movement
after the incident. After covering Chen’s public speaking in 2010’s Kaohsiung homosexual
parade, the documentary extends to Chen’s new insight. “There isn’t any necessity for
homosexual activists to cry, since the tears show people’s weakness,” Chen says, “We do
nothing wrong at all. We have to face the sunlight to fight for our rights.” After Chen’s
confirmation of the significance of the equality movement, the film then comes with captions
marked from Tsai’s production team and Yeh’s picture, saying “though we are different from
others, there is always someone behind you.” Although the Rose Boy Incident had taken place
many years earlier, Tsai has continued to consider Yeh and other related people as inspiring
models in minority communities. The incident continued to be a powerful educational material
that inspired a new generation and queer activists to accept minority status and pursue rights.
Tsai also published this documentary film on her official Youtube channel. As of May
2022, there are 36,000 likes and 1,290 comments on that page. Almost all comments show
respect for Yeh and Chen. Several comments indicate the positive correlation between their
support of the homosexual community and understanding of the Rose Boy Incident. Comments
expressed gratitude for Tsai’s constant fight on marriage equality and invited Yeh’s family to
speak making fellow viewers remember and understand the significance of the Rose Boy
Incident in social context. Hela W (2020) pointed out that the first chance for her to know the
39

Rose Boy Incident is through this documentary. She validated the positive effects of this incident
for the current generation to understand people and gain empathy.
“I only learned yesterday that there is such a great meaning behind Rose Boy.
Thank you Jolin Tsai and Ashin for letting me know the story of this song. Yung-chih
wants us to believe and support ourselves and awaken empathy…”
Other queer viewers also suggested their agreement with the documentary’s argument
that as humans, homosexuals are not inferior to heterosexuals and have equal rights to pursue
equality. Meanwhile, through the influence of Tsai as a leading pop music figure, the influence
of the Rose Boy Incident was not limited to queer people who already knew about the Rose Boy
Incident, but also started to include other heterosexual audience members who are Tsai’s fans.
Janet mm (2017) mentioned that her views on homosexuality completely changed after
watching this film. Janet mm’s words support Chen's call for marriage equality. “What Auntie
[Chen] said is right. Heaven and Earth have created each unique person, and everyone has
rights.”
Zhang Ruijin (2017) also revealed that Tsai’s documentary about the Rose Boy Incident
changed him from a homophobic person to someone who is concerned and understands the
homosexual community and minority rights.
“I used to be against gays since there is some kind of discrimination against queer
love in society. [...] I knew Jolin Tsai had paid a lot of attention to the Rose Boy Incident.
It drew my attention to this incident. It is laudable for Jolin to bring up the Rose Boy
Incident. I will not discriminate against homosexuals anymore.”
40

There are other homosexual viewers making comments below Zhang’s comment. Instead
criticizing Zhang’s earlier homophobia, queer commenters show a general tolerance and
acceptance of Zhang’s new identity and change. “Thank you for your understanding and respect”
was the most common sentence that appeared in the comments. The art produced by an
influential artist has successfully built a new bridge between heterosexuals and queers.
Heterosexuals could reconsider their understanding of homosexuality and homosexuals could
also become more confident to come out from the closet and call for their rights, since they
recognize that the mutual understanding and respect between these two groups is not
unattainable. This inclusive social context makes it possible for Taiwan people to pursue
marriage equality. These unique opportunities and comprehensive environment, however, are
lacking in other Asian countries.
In 2018, Jolin Tsai released a new song “Rose Boy (Meigui shaonian 玫瑰少年, English
official translated name Womxnly)” in her new album Ugly Beauty. With the exact same
Chinese name, the song was her another work commemorating the Rose Boy Incident. In the
lyrics, Tsai continued valuing the impact of the Rose Boy Incident: “Never ever forget about
Yung-chih, the past will not go with wind… Rose boy in my heart, blooming vigorously in rose
pink.” The other part of the lyrics intends to comfort and awaken other queer young girls and
boys such as Yeh. Tsai highlighted the importance of activism and fighting against the
discrimination and unfair conditions: “The most beautiful bloom is when you start fighting back!
Don’t let somebody else change you.” The song soon rose to the top of the charts in Taiwan,
China, and Malaysia. The dance version of the video also broke the record for the fastest song to
break one-million hits (Liao, 2019).
41

In the next year, one month after Taiwan’s legalization of same-sex marriage, “Rose
Boy” was named the song of the year at the Golden Melody Awards. All members from the
review and assessment committee gave recognition to the album. The president of the
committee, Sandee Chan, highlighted that “Rose Boy” as a song built the overall consciousness
for social issues and minority rights (Wu, 2019). During the ceremony, Tsai rearticulated the
relationship between Rose Boy and the pro-LGBTQ movement: “The song is dedicated to Yeh
Yung-chih and everyone who thinks that you have no choice. Please believe in yourself and
support yourself.” Although the incident happened almost two decades ago, influential people
make efforts to expand the effects of the Rose Boy incident and move young people to focus on
gender minority rights.

Conclusion
As the first Asian country to successfully legalize same-sex marriage, Taiwan has been
an emerging subject that has stimulated the curiosity of contemporary. This study first reviewed
the conditions of homosexual communities in Taiwan’s surrounding areas, such as Hong Kong,
China, and Japan. It indicates that although the local homosexual culture and environment vary
in different countries, it is noticeable that homosexuality is viewed as a taboo in East Asian
society that the government and most people hold homophobic attitudes, or at least have no
interest in legalization of same-sex marriage. For these Asian countries or areas, it is still too
early to make minority’s idea of same-sex marriage legalization into reality, while it is important
42

to review Taiwan’s road to marriage equality and understand why Taiwan could be able to get
rid of the Confucian social values.
During the period of military rule, however, Taiwan was no different than other
countries. Heterosexualism was in the center place of Taiwan’s government discourse. Same-sex
sexuality activities went underground. Even after the lifting of martial law, although there was a
boom of queer organizations and parades, activism did not focus on marriage in the 1990s. The
topic of same-sex marriage was occasionally brought up in the 2000s by a few legislators, but
only became the political agenda since the 2010s. This condensed reform progress and big bang
pattern raised the question of why Taiwan’s environment has been quickly and dramatically
changed to being LGBTQ-friendly making it possible to legalize same-sex marriage. Previous
scholars provided a variety of reasons for such dramatic change such as levels of economic
development, the DPP’s liberal political values, and the young generation’s interests in activism.
This thesis agrees that the younger generation played a crucial role in the legalization process,
given the high support rate for same-sex marriage. However, the previous arguments regarding
youth involvement might provide half of the answer for youths’ interest in some geopolitical
events yet fail to make a direct connection to concern about minority rights and the homosexual
community.
This thesis uses the 2000 case of Yeh Yung-chih, also known as the Rose Boy Incident,
and its aftereffects to make a specific link between queer concerns, queer activism, and changing
attitudes of the younger generation. By investigating how Taiwan’s social context changed in the
wake of the Rose Boy Incident, this thesis has shown how Taiwan’s youth started to feel free to
express their queer identity and pursue marriage equality. The incident itself has been developed
43

into educational school material. Throughout Yeh’s family's continuing efforts, and
commemorative artistic production, especially music, this incident continues turning to a
Taiwanese cultural legacy. Reactions to the Rose Boy Incident not only inspired the younger
generation to reveal their sexuality, but also created an inclusive environment that allowed
heterosexuals and queers to better understand and respect each other and eased past homophobic
social values. Twenty years later, the incident still retains a living relevance in Taiwanese culture
and social discourse.
This thesis fills the gap of linking queer activism and attitudes of Taiwan’s younger
generation and serves as a more complete answer to Taiwan’s reason for being the first Asian
country to adopt marriage.

44

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Asset Metadata

Creator Zhang, Songyue (author)

Core Title Rethinking Taiwan’s same-sex marriage legalization: young generation dynamics and queer activism

School College of Letters, Arts and Sciences

Degree Master of Arts

Degree Program East Asian Area Studies

Degree Conferral Date 2022-08

Publication Date 07/17/2024

Defense Date 07/17/2022

Publisher University of Southern California (original), University of Southern California. Libraries (digital)

Tag East Asia LGBTQ,Homosexuality,OAI-PMH Harvest,Same-sex marriage,Taiwan

Format application/pdf (imt)

Language English

Contributor Electronically uploaded by the author (provenance)

Advisor Sheehan, Brett (committee chair), Hollihan, Thomas (committee member), Park, Sunyoung (committee member)

Creator Email songyuez@usc.edu,zsyels@gmail.com

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