The laws displayed for Kaohsiung Special Municipality are the same as Taiwan.
- Homosexuality
- ⚢✔ Legal
- Gay Marriage
- ⚭✔ Legal
- Censorship
- ✔ No censorship
- Changing Gender
- ✖ Legal, but requires surgery
- Non-binary gender recognition
- ✖ Not legally recognized
- Discrimination
- ✔ Illegal
- Employment Discrimination
- ✔ Sexual orientation and gender identity
- Housing Discrimination
- ✔ Sexual orientation and gender identity
- Adoption
- ✖ Married couples only
- Military
- ✖ Lesbians, gays, bisexuals permitted, transgender people banned
- Donating Blood
- ✖ Banned (5-year deferral)
- Conversion Therapy
- ✔ Banned
- Age of Consent
- ✔ Equal
Suggest Public Opinion Data
History
Homosexual activity in Kaohsiung Special Municipality is legal.
Current status
Since Dec 25, 1947
Since Dec 25, 1947
Legal
Unsure of date which reflects the ratification of the current constitution of the Republic of China (Taiwan). Taiwanese criminal code treats sexual acts between same-sex partners in private as equal to heterosexual sex acts performed in private.
Same-sex marriage in Kaohsiung Special Municipality is legal.
Current status
Since May 24, 2019
Since May 24, 2019
Legal
On 24 May 2017, the Constitutional Court ruled that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Constitution of the Republic of China. The ruling (Judicial Yuan Interpretation No. 748) gave the Legislative Yuan two years to bring the marriage laws into compliance, after which registration of such marriages would come into force automatically. On 20 February 2019, a draft bill entitled the Enforcement Act of Judicial Yuan Interpretation No. 748 was released. The draft bill would grant same-sex married couples almost all the rights available to heterosexual married couples under the Civil Code, with the exception that it only allows adoption of a child genetically related to one of them.
The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review. The bill was passed on 17 May, signed by the President on 22 May and took effect on 24 May 2019 (the last day possible under the Court's ruling).
The Executive Yuan passed it the following day, sending it to the Legislative Yuan for fast-tracked review. The bill was passed on 17 May, signed by the President on 22 May and took effect on 24 May 2019 (the last day possible under the Court's ruling).
Censorship of LGBT Issues in Kaohsiung Special Municipality is no censorship.
Current status
No censorship
In Taiwan, there are no laws restricting the discussion or promotion of LGBTQ+ topics.
Right to change legal gender in Kaohsiung Special Municipality is legal, but requires surgery.
Current status
Since Dec 9, 2013
Since Dec 9, 2013
Legal, but requires surgery
Still the same as before, it requires psychiatric evaluations and sexual reassignment surgeries for an individual's gender identity to be recognized.
On September 23 2021, the court ruled against surgery requirements for transgender individuals seeking a gender marker change. New laws have yet to be passed on this regard.
On September 23 2021, the court ruled against surgery requirements for transgender individuals seeking a gender marker change. New laws have yet to be passed on this regard.
Ambiguous
The decision was the result of a lawsuit filed by Xiao E, who was denied the right to change her gender on her national ID card.
Under the archaic legislation, transgender people were required to surgically remove their reproductive organs in order to legally change their gender.
The Taipei High Administrative Court ruled the requirement was unconstitutional on Thursday (23 September).
They also cited that the plaintiff had provided the necessary requirements to undergo the process of legally changing her name without being subjected to surgery.
Unfortunately, this ruling will only effect Xiao E. Other trans individuals looking to legally change their gender – without “proof of surgery” – will have to wait for the regulations to be revised or pursue legal action.
Under the archaic legislation, transgender people were required to surgically remove their reproductive organs in order to legally change their gender.
The Taipei High Administrative Court ruled the requirement was unconstitutional on Thursday (23 September).
They also cited that the plaintiff had provided the necessary requirements to undergo the process of legally changing her name without being subjected to surgery.
Unfortunately, this ruling will only effect Xiao E. Other trans individuals looking to legally change their gender – without “proof of surgery” – will have to wait for the regulations to be revised or pursue legal action.
Legal, surgery not required
Not required since 2015. Missing non binary options on documents.
Legal, but requires surgery
Transgender citizens are permitted to change their legal gender in Taiwan provided they undergo gender re-assignment surgery.. In 2008 the Taiwanese Health Department announced it would recommend that female to male transexuals would no longer be required
Legal recognition of non-binary gender in Kaohsiung Special Municipality is not legally recognized.
Current status
Not legally recognized
Taiwan had plans to allow a third gender option on documents such as ID cards and passports and announced it would go forward with it in late 2020. However, nothing of the sort has been passed.
LGBT employment discrimination in Kaohsiung Special Municipality is sexual orientation and gender identity.
LGBT housing discrimination in Kaohsiung Special Municipality is sexual orientation and gender identity.
Current status
Sexual orientation and gender identity
only in work, education.
Same-sex adoption in Kaohsiung Special Municipality is married couples only.
Current status
Since May 16, 2023
Since May 16, 2023
Married couples only
Taiwan's parliament passed an amendment allowing same-sex couples to jointly adopt children. However, only married couples can jointly adopt in Taiwan.
Serving openly in military in Kaohsiung Special Municipality is lesbians, gays, bisexuals permitted, transgender people banned.
Current status
Since Jan 2002
Since Jan 2002
Lesbians, gays, bisexuals permitted, transgender people banned
Taiwan allows gay and lesbian soldiers provided they maintain military discipline standards.
Blood donations by MSMs in Kaohsiung Special Municipality is banned (5-year deferral).
Current status
Since May 2018
Since May 2018
Banned (5-year deferral)
In March 2018, the Government gazetted, for a two-month public consultation, amendments to the Standards on Assessing Donor Suitability for Blood Donation that included allowing gay and bisexual men who have not had sex with another man for five years to donate blood. A spokesperson for the Ministry of Health and Welfare said that the abstinence period would be further reduced to one year in the future, so as to bring the Taiwanese standard in line with Western countries.
Conversion therapy in Kaohsiung Special Municipality is banned.
Current status
Since Jan 1, 2018
Since Jan 1, 2018
Banned
Banned under the Code of Criminal Procedure and the Protection of Children and Youths Welfare and Rights Act
Equal age of consent in Kaohsiung Special Municipality is equal.
Current status
Since Dec 25, 1947
Since Dec 25, 1947
Equal
Unsure of date. Date shown represents ratification of the Taiwanese Constitution. The age of consent in Taiwan is 16 (sixteen).
Equality Index ?
N/A
There is not enough information on Kaohsiung Special Municipality for an Equality Index to be assigned. Please contribute LGBTQ+ rights information or survey results that show the public opinion of LGBTQ+ issues in Kaohsiung Special Municipality to help improve its accuracy.
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Kaohsiung Special Municipality LGBT Organizations
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