Cross-strait same-sex marriages can be registered in Taiwan: MAC

Taipei, Sept. 19 (CNA) The Mainland Affairs Council (MAC) announced Thursday that from that day, Taiwan-China same-sex couples married in a third country can register their marriage in Taiwan, marking a step closer to full marriage equality in the first country in Asia to legalize same-sex marriage.

Same-sex cross-strait couples can now follow the same regulations applied to heterosexual cross-strait couples married in a third country when registering their marriage in Taiwan, MAC deputy head and spokesperson Liang Wen-chieh (梁文傑) said at a press conference.

"After passing an interview with the relevant authorities, the (same-sex) couple can proceed with marriage registration at a household registration office in Taiwan," Liang said.

He added that the couples are also required to have their marriage certificate issued in a third country authenticated by a Taiwan overseas representative office before the interview is conducted by the authorities.

Regarding the definition of a third country, Liang said it refers to a country that recognizes same-sex marriages. There are around 35 such countries, according to information on the Ministry of the Interior's (MOI) Department of Household Registration website.

Countries such as the United States, the United Kingdom, Canada, and Australia have legally recognized same-sex marriage, as shown on the department's website.

The Taipei High Administrative Court on Aug. 8 ruled on a case involving a cross-strait same-sex couple married in the U.S., saying that their marriage should be treated the same as heterosexual marriages, including the rights to reunite and apply for residency in Taiwan, Liang said.

"After discussions among relevant government agencies, we have decided to respect the ruling of the administrative court," he said, noting that the MOI, as the competent authority, also issued an interpretation on Thursday.

In terms of a Chinese homosexual spouse's ability to obtain a Taiwanese ID, Liang said that will depend on China's stance toward same-sex marriage, which is currently not legally recognized there.

"Our current regulation is that if we recognize your marriage, you can apply for residency (in Taiwan), and after completing the process, you can apply for permanent residency," Liang said.

However, at the final stage of the application to obtain Taiwanese IDs, homosexual Chinese spouses must cancel their household registration in China, he added.

As China does not recognize same-sex marriage, the Chinese authorities are unlikely to approve deregistration for the registration of same-sex marriage in Taiwan, making it difficult for homosexual Chinese spouses to obtain Taiwanese IDs, Liang explained.

In response to Thursday's announcement, gender rights groups including the Taiwan Alliance to Promote Civil Partnership Rights, issued a joint statement welcoming the relaxation and describing it as "a long-awaited, difficult but navigable path home."

However, the relaxation essentially forces all cross-strait same-sex couples to detour to a third country to get married, leaving them to face "higher economic and social barriers" compared to heterosexual couples, the statement read.

Cross-strait heterosexual couples must first get married either in China or in a third country, then obtain the relevant documents and apply for family reunification in Taiwan, and subsequently for residency, according to Liang.

Prior to the announcement on Thursday, cross-strait same-sex couples were unable to get their marriage registered in Taiwan, though couples with one partner from Hong Kong or Macao and the other from Taiwan were allowed to tie the knot in the country.