Over the days of the referendum, the whole of Taiwan has undergone a "gender education for all". And in the process of striving for affirmative action, it is like talking about a love affair with Taiwanese society! You and I both need time to grind, through the collision again and again, will take us in a better direction. Wipe away your tears and let's move on and take a look at the present and the future after the referendum.

Partners, we know that on the day of November 24, many people have experienced a heartbreaking day, like the "breakup" of gay friends and Taiwanese society, the result of the referendum as a heavy punch, into the hearts of many people, some people feel that their existence value has been denied, some people feel that the road ahead is still very long. This day, we hold the depression to sleep, wake up, the world is not different, the referendum result is still, but our love is also as usual.

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Next, there is still a long way to go, rubbing the crying swollen eyes, and then holding each other's hands, go forward. Here are a few things to take you back to the gay rights and gender education public surrender, after the adoption of the present and the future.

Now: Outcome of the five referendum on gay rights and gender education

Before we discuss the referendum result, let's look back and choose the referendum to pass the criteria.

In accordance with the criteria for the successful election, the referendum would have to be passed, with the need to "agree that the vote is greater than the disagreement" plus "the total number of 1/4". This year's referendum, the number of people with the right to vote is 19,757,067, that is, equal to the public surrender to obtain more than 4,939,267 consents, valid consent to more votes than different votes, before it can be passed.

In the five-case referendum related to gay rights and gender Education, the results were as follows:

  • Case 10th: "Do you agree that civil law marriage provisions should be limited to a combination of a man and a woman? 」
    Consent: 7,658,008 Agree, Disagree: 2,907,429, percentage of votes granted to voting rights: 38.76%, as a result of which.
  • The 11th case: "Do you agree that in the national education phase (small countries and countries), the Ministry of Education and schools at all levels should not implement the gay education established by the rules of the Law on Gender equality education?" 」
    Consent: 7,083,379, No vote: 3,419,624, percentage of votes granted to voting rights: 35.85%, the result is passed.
  • Case 12th: "Do you agree to protect the interests of two persons of the same sex in the operation of a permanent common life in a form other than the provisions of civil law marriage?" 」
    Consent: 6,401,748, No vote: 4,072,471, percentage of votes granted to voting rights: 32.4%, the result is passed.
  • Case 14th: "Do you agree that the Civil law marriage Chapter guarantees the establishment of a marriage relationship with two persons of the same sex? 」
    Consent to vote: 3,382,286. No vote: 6,949,697, percentage of votes granted to voting rights: 17.12%, the result is not passed.
  • In the 15th case: "Do you agree that the" Gender Equality Education Act "stipulates that gender equality education should be implemented at all stages of national education and that the content should cover such courses as emotional education, sex education and gay education? 」
    Consent to vote: 3,507,665. No vote: 3,507,665, percentage of votes granted to voting rights: 17.75%, the result is not passed.

After the referendum is passed, is it legally effective or is it just public opinion?

The day before the election, lawyer Lu Qiuyuan wrote an article in which he mentioned that "even after the passage of the referendum, the referendum government will only serve as a reference for the consultation outcome," if the referendum result is not enacted as scheduled, there is no legal liability and penalties, only political responsibility, calling the referendum a " Big poll, arguing that the value of the referendum is not in the implementation of the resolution, but in the process of democratic speculation.

Let's look directly at article 30th of the Referendum law and 32, what will happen when the public surrender "passes" and "does not pass"?

  • Pass:
    • With regard to the "law, the resumption of the Autonomy Ordinance": the original law or the Autonomy Ordinance is ineffective from the date of the announcement to the third day.
      Vernacular: The original law will expire on the third day after the referendum result announcement.
    • Relevant laws and autonomous regulations "creation of legislative principles": the Government of the Executive Yuan, the municipality and the county (city) shall, within three months, formulate relevant legal proposals and send them to the Legislative Yuan and Parliament for consideration.
      Vernacular: The Executive Yuan and the county and city governments should make proposals to the Legislative Yuan and county and city councils within three months to complete the review within the next sessional period.
    • With regard to "major policy holders": it is for the president or the authority to dispose of the content necessary for the realization of the referendum.
      Vernacular: The relevant units to achieve the content of the referendum, the implementation or modification of the original implementation of the matter.
    • In accordance with the constitutional case, the legislative court shall request the President to publish it.
  • Do not pass:
    • The competent authority shall not, within two years from the announcement of the results of the referendum, be re-proposed on the same matter. The determination of the same matter shall be carried out by the competent authority.
      Vernacular: If the public surrender is not passed, the same proposal can no longer be made within two years.

As far as the 10 case is concerned, only the "nuclear-raising green" is a law, a rejoinder of the Autonomy Ordinance, with direct legal effect, and 3rd after its adoption, that is, the repeal of article 95th, item 1th, of the Electrical Industry Act. Other cases are subordinate to the need for further discussion, development and revision of the law.

Future: What will the government do next after three of these cases are passed?

The 第10-12 case proposed by the Next Generation Happiness Alliance is passed, so let's take a look at what the follow-up government should do, and what the response and discussion is.

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The 10th case, "Civil law limited to a man and a woman", is now approved by the referendum, which is subordinate to the category of "creation of legislative principles". Therefore, legislators should, in civil law, explicitly regulate marriage as "a man and a woman", excluding civil law to guarantee same-sex marriage.

In its referendum opinion, the Executive Yuan wrote: Interpretation No. 748 of the Court of Justice explains that the civil law does not enable two persons of the same sex to establish a permanent union of intimacy and exclusivity for the purpose of running a common life, declaring that it is a " The unconstitutional "⋯⋯ of the lack of norms does not declare that the provisions of civil law are unconstitutional or null and void, but in accordance with its interpretation, marriage should no longer be limited to a man and a woman.

The 11th case, "opposing gay education in primary and secondary schools", has been passed in the referendum and is subordinate to the category of "major policies". The competent authority is the Ministry of Education and the Ministry of Education shall take corresponding measures. The Chinese and young are not allowed to teach comrade topics on the gender curriculum in schools.

The Ministry of Education also responded on November 25, in the future will re-examine the country's small and medium-sized gay education content and regulations, to confirm whether it is necessary to adjust, but according to the Gender Equality Education law, emotional education, gay education, sex education is an inseparable link, the future will continue to promote sex education.

Therefore, after the adoption of the 11 referendum, gender education in the sexual Education Law of the protection, it seems that there will be no change, but there may still be room for discussion in the future.

The 12th case, "Same-sex combination of other special law", is now approved by the referendum, which is subordinate to the "creation of legislative principles". To enact a law on same-sex marriage, the legislative court must replace the amendment of the Civil Code with the "Special Act" on same-sex marriage. Same-sex marriage can still be legalized, but not in accordance with the Civil Code but in the specific law. The Executive Yuan must submit a draft "special law" on same-sex marriage by March 2019 1 for consideration by the Legislative Yuan.

In the referendum opinion of the Executive Yuan, no matter what form it takes (such as amending the marriage chapter, Huminfa the relatives to make another special chapter, making lex specialis or other forms), it is necessary to achieve equal protection of the freedom of marriage, so as to fill the "unconstitutional state of the lack of norms".

After discussing the passage of the 12th case, there may be developments to look first at a major premise--the interpretation of the Constitution by the Lord Chancellor. In 2017, the Lord Chancellor made a No. 748 interpretation, requiring the legislature to complete the law within 2 years, that is, within May 24, 2019, but in what form of legal protection, it is left to the legislature to decide. If the repair method is not completed within the time limit, same-sex couples may, in accordance with the provisions of civil law marriage, directly to the household administration to the "civil law" to register the marriage.

Under double conditions, the Lord Chancellor of Justice and the passage of the 12 case of the referendum will likely be the following 2 situations in the future:

  • Same-sex marriage "has always" been used in the special law:
    If the legislative court, in accordance with the 12th case, adopted the same-sex marriage "special Law" by May 24, 2019, same-sex couples will marry through the "special law".
  • Same-sex marriage "first use" civil law, followed by a special method:
    If, before May 24, 2019, the legislative court had not passed the "special law" on same-sex marriage in accordance with the 12th case, the gay partner could register the marriage directly from the "civil law" to the Family affairs business, according to the Lord Chancellor's letter No. No. 748.
    However, in the referendum law, the Executive Yuan stipulated that a draft law on same-sex marriage in 12 cases would be submitted to the Legislative Yuan for consideration within three months, which would be two times a year, according to the duration of the legislative chamber, and that it would be a statutory assembly period from February to the end of May and the end of December. As a result, it will be passed by the third reading by December 31, 2019 at the latest, when gay couples will be married under "Special law".

On the evening of November 24, the FTU issued a statement saying that it would oppose the 12th case to the end, and that the "separate law" would oppose it and never give any legislative opportunity to same-sex relations, but the Happiness League still advocated "the establishment of a" same-sex Common Life law "(non-marriage) of same-sex family members Law Repair Group "and looked forward to the speedy sending of the draft to the Legislative Yuan and the completion of the law.

The Ministry of Justice said on November 25 that the amendment of civil law or another special law would be conducted in accordance with the intention of the Chancellor of Justice to explain No. 748 and respect the policy dominance of the Executive Yuan. Kolas Yotaka, spokesman for the Executive Yuan (Valley horseradish). Yudaka), for its part, said that under the referendum law, the executive would submit a draft law on the protection of same-sex marriage within 3 months and send it to the Legislative Yuan for consideration.

In a report by the Central News Agency today (November 29), the Secretary general of the Judiciary, Lutarang, said that in No. 748, the Lord Chancellor, "according to the same sex, the establishment of a permanent union with intimacy and exclusivity for the purpose of running a common life is the constitutional guarantee of the scope of freedom of marriage." "And the Lord Chancellor's interpretation of the No. 748 is a constitutional interpretation, in the future, the referendum result of the relevant law or legislation, can not be contrary to the No. 748 interpretation," the order effect is equal to the Constitution, is the highest level. " "As to how to protect, the amendment of civil law, the establishment of separate special chapters in civil law, or the establishment of separate law, etc., is a legislative freedom, but the choice of legislative form should be within the framework of the interpretation of the Lord Chancellor No. 748.

In the practice of same-sex marriage, there are many controversies, Zhangjiaoru, director of the Women's Knowledge Foundation, said on November 28 that if the current conclusion is to return to the interpretation and constitutional logic of the Lord Chancellor and not move to the existing civil law marriage chapter, it may be possible to establish a separate "same-sex marriage chapter" in civil law.

In the future, there may be a different stance on same-sex marriage, and there may be more discussion on how to do so, on the condition that it is unconstitutional and in line with the referendum result, and the partnership will hold a seminar in December.

After the referendum, we are actually going through a "gender education for All"

During this referendum, gay friends were subjected to a number of verbal attacks or discrimination, which led to the idea of many comrades taking light, which also took away valuable lives. And on the night of the referendum announcement, I was also in the group of affirmative workers and received a lot of messages from our partners. Yang Yan, of the Gay Advisory hotline Education team, said the problem with the impact of the referendum was "opposing the nature of the existence of this group of people and opposing the nature of their (comrades) life in society", a person seems small, but every vote and statement you cast will be deeply imprinted in the hearts of comrades. (Extended reading: How to discuss affirmative action with children: Don't push your child away no matter how you choose it )

On the night of invoicing, the big platform of marriage affirmative action, the big platform of gender equality Education opened a joint press conference, and the pioneer of the same operation, pray, also gave gay friends encouragement: "Today's votes in my view, there is still room to look forward to." In the past, the political mobilization of the gay movement was as out of the blue, but today we see more than 2 million people, a lot of heterosexuality is a true respect for understanding comrades, the movement will continue to have more people to support us, in addition to the anti-party spent a billion of of the 5 million votes, and we these 6.5 yuan money to get the ticket, there is still a high drop The development of history is that we will eventually win, and we call on the Tsai Ing-wen government not to implement this referendum result without a future, and Taiwan society should keep moving forward. 」

Xu Xiuwen, a lawyer for the Alliance for the promotion of the rights of Taiwan Partners of the Association, stated on his Facebook account yesterday that the Union would have three main directions for action: "Legislation, justice, social initiatives". In view of the legislation, assistance and supervision will be given to ensure that the version of the bill proposed by the Executive Yuan, as well as the version of the bill finally considered and passed by the Legislative Yuan, must conform to the content of Word No. No. 748, "equal protection of freedom of marriage"; In view of the unfair election, the partner Union will also take legal action or administrative report according to different types of illegal and controversial disputes, and at the social initiative, in December, experts, academics and civic groups will be invited to hold relevant seminars and recruit volunteers to Hope for sustained initiatives and dialogue in society, "I suggest that all friends who feel frustrated and powerless invest in Change and act together, let us change this sense of powerlessness to be slaughtered, and get warmth and strength in action." 」

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On the way to the fight for gay affirmative action, it is inevitable that there will be setbacks in different opinions and positions, not only in Taiwan, the United States, France, Australia and so on, but also in countries that have adopted affirmative marriage, which has experienced such conflicts, but will eventually lead to legitimate results. Comrades are truly real on the ground, living on the same land as us, and through communication and conflict over and over again, we are going through a "gender education for All", reaching out to the different layers, understanding and engaging with each other, and even communicating and talking. (Extended reading: Pingquan cast the last mile: no matter what the result, you will know that we love you )

This process is like talking about a relationship with Taiwanese society! You and I both need time to grind, the grind of the process will inevitably have conflicts, through the collision again and again, will take us in a better direction forward. This time, we do not say break up, because we trust also deeply love the land of Taiwan, let us start over, continue to move forward.