Ryan and Righ want to get married in Taiwan – that's not possible because China bans same-sex marriage | Taiwan

Ryan and Righ like to compare their relationship to a Shakespearean drama. The two met when Righ, who is originally from China, visited Ryan's Taiwanese city of Kaohsiung in 2016. A brief conversation along the city's “Love River” soon blossomed into a romance that defied long-standing tensions between their hometowns.

Although Righ returned to the Chinese capital Beijing and Ryan, who runs a guesthouse, stayed in Taiwan, the couple had a long-distance relationship for years before deciding to marry.

“Like Romeo and Juliet, we hoped for a happy ending,” says Ryan. “Their love had many obstacles, but if it's meant to be, nothing can stop them.”

When Taiwan became the first country in Asia to legalize same-sex marriage in 2019, it was thought that a happy ending was in sight.

But while the rest of Taiwan's LGBTQ+ community celebrated, their joy was dampened when they learned that they would be among more than 100 couples barred from marrying because of one partner's Chinese nationality.

“We were sad, but we had to celebrate with the others, even if we couldn’t celebrate ourselves,” says Righ.

For national security reasons and because of the complicated relationship between Taiwan and China, most marriages between the two countries are governed by separate laws that require couples to marry in China before the marriage can be certified in Taiwan. Couples must then undergo interviews to have the marriage certified and a vetting process to ensure the Chinese spouse does not pose a security or intelligence threat.

However, since gay marriage is still not possible in China, many couples are unable to complete the first step of the process. They cannot get an interview and are stuck in legal limbo.

Advocacy groups claim that Taiwan remains the only place in the world where gay marriage is restricted on the grounds of nationality.

Taiwanese citizens like Ryan have the right to live and work in China, but many same-sex couples are unwilling to move to mainland China because of the lack of LGBTQ+ freedoms there.

“We hope for social recognition and that our marriage will be recognized and protected. It is not recognized in mainland China,” says Righ.

Some couples from Taiwan have now begun taking Taiwanese authorities to court. With the support of the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR), a local human rights organization, Ryan and Righ are at the forefront of these legal battles.

The couple married in the United States, where gay marriage is legal, and are now fighting to have their union recognized in Taiwan. If they succeed, they will likely be the first gay couple to marry in Taiwan.

“Our lawsuit is of importance to the entire LGBTQ community in mainland Taiwan. Everyone is eagerly awaiting the outcome,” says Ryan.

The case revolves around their ability to initiate the marriage interview and register their U.S. marriage directly with a Taiwanese registry office. The courts have ruled in favor of parts of their case in two cases, but after more than three years of litigation, the couple have still not been able to tie the knot.

In early August, it was decided that the immigration authorities should allow Ryan and Righ access to the interview process. However, Taiwan's Mainland Affairs Council said it was aware that the matter was “likely to cause controversy in society” and was therefore conducting further consultations.

As China-Taiwan relations and LGBTQ+ issues remain a contentious issue for some Taiwanese, TAPCPR argues that the issue has become an administrative issue and no government agency is willing to take responsibility for making a final decision.

“Couples from both countries should of course have a legal basis to marry in Taiwan,” says Victoria Hsu, a lawyer for TAPCPR. “I think it's a question of political will.”

If the president gave the green light to marriage equality between both sides of the Taiwan Strait, the problem would soon be solved, Hsu claims.

“We hope that our lawsuit will change the government’s attitude and prompt it to take the necessary measures to achieve true marriage equality,” Hsu says.

The ruling Democratic Progressive Party told the Guardian: “The freedom of Taiwanese citizens to marry should be respected and protected by law, regardless of [of] the nationality of her fiancé. We believe that the government will propose a bill that balances people's right to marry and national security.”

“The general mood in our community is overwhelmingly pessimistic. Some people are too discouraged to get angry. Anger doesn't seem to help. It's more of a deep sadness, a feeling that there is no hope anymore,” Ryan says.

However, he says the legal action is a lifeline for the entire community.

“Without them, people would feel even more helpless.”

With Edison Tseng