Ryan and Righ’s Fight for Marriage Recognition in Taiwan

A same-sex couple, Ryan from Taiwan and Righ from China, are in their second legal battle to have their marriage legally registered in Taiwan. This would allow Righ to immigrate to Taiwan. Although same-sex marriage is legal in Taiwan, it is not in China.

The couple submitted their US marriage certificate and other required documents, following the same process as heterosexual couples. The Taipei High Administrative Court heard their case on June 27. They are challenging the National Immigration Agency (NIA) of Taiwan’s Ministry of Interior, which rejected their immigration application for Righ.

Their application was first rejected in 2021 because they did not provide a Chinese marriage certificate. In 2022, they won a court case, but the NIA refused to follow the ruling, stating that cross-strait marriage regulations only apply to couples married in Taiwan, not the US.

The Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) is representing the couple. TAPCPR Secretary General Chien Chih-chieh criticized the immigration department for discriminating against same-sex couples. TAPCPR lawyer Hsu Hsiu-wen noted that Righ poses no national security concerns to Taiwan, so there is no reason to reject his application.

Hung Yu-ling, from the Cross-Strait Same-Sex Marriage Advocacy organization, has worked with many couples facing similar issues. She hopes the Taiwanese government will recognize the marriage rights of cross-strait couples. The Taipei High Administrative Court will deliver a ruling on August 8.

Taiwan legalized same-sex marriage in 2019 and extended marriage rights to transnational same-sex couples in January 2023. However, this does not apply to couples from Hong Kong, Macau, and China due to cross-strait regulations.