Japanese same-sex couples to sue gov't over marriage equality

Ten Japanese same-sex couples will jointly file a suit against the government next February for not recognizing marriage equality, their lawyers said Friday.

The couples argue that the government's position on same-sex marriage flouts equality under the law and freedom of marriage as protected in the Japanese Constitution.

The couples, who are seeking compensation, will file the suit in district courts throughout the country, including Tokyo and Nagoya.

Article 24 of the Constitution says, "Marriage shall be based only on the mutual consent of both sexes."

The government has indicated that it interprets this to apply only to heterosexual couples while the lawyers working for the couples argue that some legal scholars do not see it as prohibiting same-sex marriage.

The government also argues that the term "husband and wife" used in the civic law and the family registration law indicates a man and a woman, and thus cannot accept marriage applications from gay and lesbian couples.

Marriage equality has already been legalized in other parts of the world. The Netherlands was the first to do so in April 2001, followed by other European nations. Taiwan will be the first in Asia to join them next May.

"We want our call to be widespread so that the freedom to marry will be recognized for everyone," said Shinya Maezono, one of the lawyers.

source: news.abs-cbn.com

Anger and anxiety in Taiwan as same-sex marriage vote nears

KUALA LUMPUR - When Taiwan's top court sided with Chi Chia-wei last year in a ruling that should have paved the way for same-sex marriage to be legalized, the activist thought his three-decade struggle was finally over.

But little progress has been made since.

Instead, Taiwan is set to hold a series of public votes on Nov. 24 to decide whether same-sex unions should be written into law, raising uncertainty whether there will be full marriage equality on the island.

"I am disappointed," said Chi, a veteran activist who was the first person to come out publicly as gay in Taiwan in 1986.

"The government could have passed a law on same-sex marriage soon after the court ruling if there was political will, but unfortunately reform has stalled," the 60-year-old told the Thomson Reuters Foundation by phone from the capital Taipei.

Often spotted in rallies draped in a rainbow flag, Chi has campaigned relentlessly for same-sex marriage in his 30-year struggle, sending numerous petitions to authorities and courts.

He was jailed for five months in 1986 for robbery, an accusation he said was trumped up to intimidate his campaign soon after he filed the first petition for gay unions.

But his latest petition, in 2015, culminated in a historic ruling in May last year by Taiwan's constitutional court, which declared same-sex couples had the right to legally marry.

It was the first such decision in Asia and was cheered by campaigners in a region where conservative values and prejudice have long stood in the way of progress on gay rights.


Regarded as a beacon of liberalism in Asia, the self-ruled island of Taiwan has a vibrant gay scene that includes one of the biggest pride parades in the region and a wide range of gay-friendly bars and restaurants.

But despite this, socially conservative attitudes still largely hold sway, and those who oppose same-sex marriage say such unions could destroy society and family institutions.

The May 2017 court ruling gave the government a two-year deadline for legalization but did not give specific guidance on how laws regulating same-sex relationships should be drawn up.

Conservative groups seized on this to launch a bid for a referendum, calling for a separate law similar to civil partnership to be enacted for same-sex couples.

"Same-sex marriage will change our culture, our family values. Taiwan is not ready for drastic changes," said Tseng Hsien-ying from the Coalition for the Happiness of Our Next Generation, which launched the anti-gay marriage referendum bid.

"If same-sex couples want to be together, we respect that but we want a separate law for them so that we don't redefine our law on marriage which should remain between a man and a woman," he told the Thomson Reuters Foundation.

Gay rights campaigners like Chi and others have rejected a separate law, saying it is discriminatory and offers fewer legal protections especially on the question of whether same-sex couples would be given the right to have children.

President Tsai Ing-wen said this year that society is still divided on same-sex marriage, although she campaigned on a promise of marriage equality in the run up to 2016 polls.

The Nov. 24 referendum, which coincides with local elections for mayors and magistrates, will see four questions related to same-sex marriage - two for and two against – put to a vote.

A fifth question about rolling back mandatory gender equality education in schools will also be on the ballot.

For the referendum to pass, at least 25 percent of some 19 million eligible voters must vote yes, and the government is obliged to propose laws that reflect their results.

It is unclear what will happen if the results are conflicting, given the number of questions put to the electorate.

‘DARKNESS BEFORE DAWN’

Pro-gay marriage activist Jennifer Lu predicted it would be hard for both sides to secure a clear victory.

The implication of the vote, however, would reach far beyond the gay and lesbian community in Taiwan, she said.

"We are at a very important moment because other countries in Asia are looking to see what is the final outcome here," said Lu, the chief coordinator of the Marriage Equality Coalition Taiwan, an alliance of groups that support gay rights.

"Like us, they face struggles and challenges. If Taiwan can pass a full marriage right vote, it can become a good example to show everyone this is our basic rights, this is not some Western concept," she said.

Gay rights crusader Chi vowed to keep up his fight until Taiwan allows same-sex marriage for him and tens of thousands of others on the island.

Chi, who has a partner of 30 years, was optimistic he would live to see marriage equality on the island, saying more people have begun to accept same-sex marriage.

"That day will come," he said. "This is the darkness before dawn."

source: news.abs-cbn.com

Celebrations spread after Australia backs same-sex marriage

Celebrations swept across Australia Wednesday as voters emphatically endorsed same-sex marriage after more than a decade of divisive debate, and political leaders immediately began moves to enshrine the historic shift in law by Christmas.

Thousands of marriage equality supporters took to parks and squares across the vast country, hugging, dancing and singing under clouds of glitter when the results of the two-month-long postal survey were announced.

Revelers wrapped in rainbow colors swarmed the entertainment districts of Sydney, Melbourne and other cities, closing streets as the party continued late into the evening.

"This means everything, this means everything," shouted one partygoer named Chris at a huge rally in Sydney, fighting back tears and hugging his partner Victor.

"It has been fantastic. I have been with my partner for 35 years and he was so joyed up that he burst into tears," added another reveller, Gerry Boller.

Almost 62% of the 12.7 million people who participated voted "yes" to the question: "Should the law be changed to allow same-sex couples to marry?"

Just 38.4% voted "no", according to the Australian Bureau of Statistics, which carried out the poll.

Irish-born Qantas Airlines chief Alan Joyce, who is openly gay and campaigned strongly for the "yes" campaign, also fought back tears as he spoke of his delight.

"I was so proud of Ireland in May 2015 when they became the first nation in the world to vote for marriage equality... But today I am even more proud of Australia, the country of my selection," he said in Sydney.

Nearly 80% of eligible voters took part in the poll, with the "yes" vote winning a majority in all of Australia's states and territories.


- 'Yes for love' -


Prime Minister Malcolm Turnbull, a moderate conservative who backed the "yes" camp, hailed the result of the non-binding vote and vowed to pass a bill legalizing marriage equality "before Christmas".

Australians "voted yes for fairness, yes for commitment, yes for love", Turnbull said, adding that he had already been invited to "stacks" of gay weddings once the law takes hold.

"Now it is up to us, here in the Parliament of Australia... to get on with the job the Australian people have tasked us to do and get this done, this year, before Christmas."

Within hours of the vote result, Dean Smith, a Senator from Turnbull's Liberal Party who is gay, introduced a bill that would legalize gay marriage while allowing religious institutions and clergy to refuse to celebrate same-sex unions if they conflict with their beliefs.

Hardline opponents in Turnbull's party have pressed for more extensive religious protections to allow commercial service providers to reject same-sex weddings and let parents pull their children from school programs they feel undermine heterosexual traditions.

They have support notably from Muslim and some conservative Christian communities which returned a high percentage of "no" votes in the survey.

But Turnbull rejected those calls this week and he and the opposition Labor Party are expected to back a bill based on Smith's proposal with a "conscience vote" in the two houses of parliament.

"We will have a bill that will deliver on the instructions the Australian people have given us to change the law to allow same-sex couples to marry. That is our job. It is over to us now," he said.

A survey of federal politicians by the Australian Broadcasting Corporation published Tuesday found that 72 percent of House members and 69 percent of Senators would support the change to marriage laws.

Turnbull called the postal vote in the face of opposition from hardliners who refused to back a national plebiscite on the issue.

The move was opposed by proponents of same-sex marriage, who wanted direct legislative action.

They said the lengthy vote process was both a waste of money –- it cost just under 100 million Australian dollars ($76 million) -– and exposed gay people and their families to hate speech.

"No" campaigners said they would continue defending their cause.

"In a democracy, just because you win it doesn't mean you... bulldoze forward," said Senator Eric Abetz, a prominent "no" campaigner.

"Keep in mind there are 4.8 million of our fellow Australians that actually voted no... do we say they should no longer be heard? Or do we actually ask them questions as to how can their concerns be alleviated so we can move forward as a nation?"

But the solid margin for the "yes" vote and the high turnout looks to limit the influence of "no" campaigners.

source: news.abs-cbn.com

Taiwan crowds march in Asia's biggest gay pride parade

TAIPEI - Tens of thousands marched in Taiwan's capital Saturday in Asia's biggest gay pride parade, with many hoping presidential elections next year bring to power a pro-gay government that will legalize same-sex marriage.

About 78,000 people took part in the 13th Taiwan LGBT Pride event, with supporters waving rainbow flags and handmade placards calling for marriage equality as they circled downtown Taipei.

Some donned costumes including a group of men dressed up as characters from Japanese manga Sailor Moon while a choir group called G-Major sang as they walked with the crowds.

While Taiwan is one of the most progressive Asian societies when it comes to homosexuality, a bill to make same-sex marriage legal has been stalled in parliament since it was first proposed in 2013.

"There's been huge changes in the society in recent years with a lot of grassroot efforts pushing for equality," said Jennifer Lu, an openly gay candidate for the Social Democratic Party in next year's elections.

"But the government hasn't kept pace. That's why I want to run," she told AFP.

Widely expected to become Taiwan's next president -- and the island's first female leader -- Tsai Ing-wen of main opposition Democratic Progressive Party expressed support for same-sex marriage.

"Everyone is equal before love," she said in a video posted on her Facebook page Saturday.

But Tsai has yet to commit to pushing the bill through, saying in a separate statement that it's "an issue the whole society must face together as there are many who support marriage equality but there are also many who are reluctant."

This year's march coincides with several events held in Taipei, including a queer film festival and a regional LGBT conference.

"Taiwan certainly is one of the more progressive in Asia," said Ashley Wu, co-chair of this year's conference which attracted about 400 activists from countries including China, Thailand, Cambodia, and Nepal.

"But there is still strong opposing voices such as Christian groups. Their numbers aren't big but their political influence is significant," Wu said.

While marriage is not yet an option, some are encouraged by recent developments in gay rights.

Kaohsiung in southern Taiwan earlier this year became the first city to allow same-sex partners to be listed in household registration records.

"Progress is inevitable," said 25-year-old JJ Chang, taking part in the parade for the fourth time.

This year Chang chose to celebrate his aboriginal identity by wearing a colourful headdress from his tribe in eastern Hualien county.

"Someone said there is no 'tongzhi' in the aboriginal community, so we couldn't stay silent," he said, using the Chinese term for gay and lesbian people.

source: www.abs-cbnnews.com

New Jersey to hold first gay marriages

NEW YORK CITY - New Jersey prepared to officiate its first same-sex marriages Monday -- the 14th US state to legalize such unions, though the legal battle is set to continue.

Many couples planned to tie the knot at precisely one minute after midnight (0501 GMT) Monday, the first day the unions were to be allowed after a judicial ruling last month.

Republican Governor Chris Christie has appealed the judge's decision, and the case is set to be heard in early January.

But the state's supreme court on Friday refused to block the marriages in the meantime, so couples hoping to be among the first in the state to legally wed have been making feverish preparations over the past three days.

And despite the governor's opposition, several of the state's elected officials have made it known they plan to be on hand to officiate ceremonies the minute they became legal.

Cory Booker, the charismatic Democratic mayor of Newark, elected last week in a special ballot to take over the state's empty Senate seat, was one of them.

"For 7yrs I have not officiated NJ weddings because many citizens were denied that equal right. Next week I will officiate. #Equality," he posted on his twitter account Friday.

"Thanks to today's ruling on Marriage Equality: On Monday at 12:01 AM I'll be marrying both straight & gay couples in City Hall #JerseyStrong," he said.

On September 28, Superior Court Judge Mary Jacobson had ruled New Jersey's same-sex marriage ban went against a historic Supreme Court ruling earlier this year.

She ordered same-sex marriages to be allowed as of October 21, writing that "same-sex couples must be allowed to marry in order to obtain equal protection of the law under the New Jersey Constitution."

It was the first time a judge used the Supreme Court decision to allow gay marriage in a state where they had been forbidden.

In June, the top court had struck down the federal Defense of Marriage Act, which defined marriage as between one man and one woman and prevented same-sex couples from enjoying the same rights as heterosexual couples.

Gay couples in New Jersey had been able to enter into civil unions.

But, where before June's Supreme Court ruling "same-sex couples in New Jersey would have been denied federal benefits regardless of what their relationship was called, these couples are now denied benefits solely as a result of the label placed upon them by the state," she said.

Including New Jersey, fourteen US states and the capital Washington allow same-sex marriage in the United States.

source: www.abs-cbnnews.com

Federal benefits now afforded to same sex couples

REDWOOD CITY, California - As soon as the marriage equality celebrations die down same-sex couples may want to see their accountants and bi-national same-sex couples may want to consult an immigration attorney.

The federal protections now extended to legally married same sex couples include tax benefits that could make tax season simpler for them and even a refund check from Uncle Sam.

According to the Wall Street Journal's Market Watch, same-sex couples may now file taxes jointly and possibly amend previous years' tax returns to get bigger refunds.

Same-sex couples may now share property and other assets with their partners without paying a gift tax. They may also inherit assets after the death of their partners.

Market Watch experts said couples should consult their accountants because tax relief could be limited, particularly for couples who married in a state where same-sex marriage is legal, yet reside in another where it's not.

Meanwhile, the Supreme Court ruling eases worries that immigration rights for same-sex bi-national couples will be included in the immigration reform bill.

By striking down DOMA, American citizens can now sponsor their foreign born same-sex partners for green cards.

Advocacy group Immigration Equality estimates there are 36,000 bi-national same-sex couples living in the US. The law applies to legally married same-sex couples, regardless of the state they live in.

source: www.abs-cbnnews.com

Minnesota becomes 12th US state with gay marriage

CHICAGO - Minnesota on Monday became the 12th state, and the third in two weeks, to legalize same-sex marriage, marking another victory for marriage equality campaigners in the United States.

Senators in the state capital Saint Paul approved the measure by a 37-30 vote, after it cleared the House of Representatives on Thursday, and Governor Mark Dayton is expected to sign it into law as early as Tuesday.

"I am proud to be a Minnesotan today," said Democratic state senator Scott Dribble during a four-hour debate in which he announced he'll marry his longtime gay partner on August 1, the day the law comes into force.

Rhode Island legalized same-sex marriage on May 2, followed by Delaware last Tuesday. Besides Minnesota, the only Midwestern state to recognize gay marriage is Iowa.

Constitutional bans remain in place in 31 states, while the US Supreme Court is expected to rule in June on the Defense of Marriage Act, under which the federal government recognizes heterosexual marriages only.

source: www.abs-cbnnews.com

Cheers, applause as New Zealand legalizes same-sex marriage

WELLINGTON - New Zealand's parliament voted in favor of allowing same-sex marriage on Wednesday, prompting cheers, applause and the singing of a traditional Maori celebratory song from the public gallery.

Seventy-seven of 121 members of parliament voted in favor of amending the current 1955 Marriage Act to allow same-sex couples to marry, making New Zealand the first country in the Asia-Pacific region to do so.

"Two-thirds of parliament have endorsed marriage equality," Louisa Wall, the openly gay opposition Labor Party MP who promoted the bill, told reporters after the vote. "It shows that we are building on our human rights as a country."

The bill was widely expected to pass, given similar support for the change in a preliminary vote held last month. It will likely come into effect in August.

New Zealand becomes the 13th country to legalize same-sex marriages, after Uruguay passed its own law last week. Australia last year rejected a similar proposal.

Countries where such marriages are legal include Canada, Spain and Sweden, in addition to some states in the United States. France is close to legalizing same-sex marriages amid increasingly vocal opposition.

The bill was opposed by the Roman Catholic Church and some conservative religious, political and social groups which campaigned that it would undermine the institution of the family.

The law makes it clear that clergy can decline to preside in gay marriages if they conflict with their beliefs.

The law to allow same-sex marriages comes after New Zealand gave same-sex relationships partial legal recognition in 2005 with the establishment of civil unions.

"I have a boyfriend, so it means we can get married, which is a good thing," said Timothy Atkins, a student who was among a crowd listening to the hearing in the parliamentary lobby.

"It's important to be seen as equal under the law."

source: www.abs-cbnnews.com