Maurice's barbaric YAWP

此為上週四（四月二十二日）於法學院發表演講的論文大綱，以饗向隅。

宏誠

Made in Taiwan: Gay Rights of the Western Body with Oriental Soul

Maurice Hong-Cheng Chang
LL.M. candidate, Leiden University

“There are no days in our kingdom, only nights. As soon as the sun comes up, our kingdom goes into hiding, for it is an unlawful nation; we have no government and no constitution, we are neither recognized nor respected by anyone, our citizenry is little more than rabble.”--Pai Hsien-yung, Nie-zi (Crystal Boys)

“Our constitution is color-blind, and neither knows nor tolerates classes among citizens.”--Plessy v. Ferguson, 163 U.S. 537 (Harlan, J., dissenting)

Outlines:

I. Newly-born western “political” body
A. Most liberal and democratic society with the principle of rule of law
B. No “Sodomy Law” and further more protect “sexual autonomy”
C. No religious environments
II. Political development and social movement in 90’s
A. First legally registered Gay Rights organizations:
a. Gender/Sexuality Rights Association, Taiwan (G/S RAT)
b. Taiwan Tongzhi Hotline Association
B. First government-sponsored Gay Rights activity: Taipei Fun-for-All Festival-- Lesbian & Gay Civil Right Movement
C. First Gay Pride Parade in Big China: come out with masks
III. Active judicialism on protection of fundamental rights:
A. Built the Standard of Review on Gender Equality: Interpretation No. 365 of Grand Justices
a. No discrimination based on sex is to be allowed by the Constitution
b. Exemptions:
aa. biological differences
bb. differences in societal functions as the consequence of the biological differences
B. Regulating police power on street examination and search
IV. Gordian knot: “come out” and Chinese family point-of-view
A. Chinese social relationship: “toleration and silence”
B. Reproduction obligation on “men” to their families
V. Just rainbow in the sky: proposal for “Basic Law on Protection of Human Rights”
A. A solemn proclamation, even a political slogan, rather than entitlement of substantial protection
B. No legislature agenda
C. Few comments
D. Judicial approach: suggested solution
a. First action brought by a celebrity before grand Justices to challenge the constitutionality of marriage law: failed in procedural issues
aa. social attitude toward gay people affects Grand justices to make decision
bb. no concrete and essential knowledge of homosexuality
b. First reasonable decision of the Court of Appeal
aa. legislators’ purposes and historical interpretation
bb. literal and systematic interpretation
cc. principle of separate of powers
c. Access to Grand Justices and the interpretation of marriage law
VI. One step forward, ten steps backward
A. The major factors affecting gay rights in Taiwan
a. Unclear laws on raids, and the police animosity towards gays
b. Media coverage of gays
c. Weak social consciousness of bodily autonomy
d. Invisibility and marginalization in academic researches
e. The rural-urban gap in economic and social conditions
B. Abusing police power on Gay sex home party (Gay Orgy)
a. Promiscuity: AIDS
b. Drug
c. Privacy
C. Legislator statement on country-annihilation of legalizing same-sex union
VII. Conclusion: Four Ongoing Initiatives
A. To shorten the Gaps of views on Lesbians and Gay Men between Cities and Town
B. To Connect with the International Gay Rights Movement and Organizations
C. To Deepen the Legal Foundations of Equal Protection for Gay Rights
D. To Make do with the Short-term and Long-term Goals of Gay Rights Movement