Same‐sex partnership in the family policies of Japan, Singapore, and Taiwan

Abstract

Discussions about Asian same‐sex partnerships (SSPs) and queer families are relatively few due to their low social visibility and lack of legal recognition. Aiming to explore the relationship between the state and queer families beyond the Western context, I examine the connections between family‐related policies and laws, marriage and family norms, and SSPs in Japan, Singapore, and Taiwan. These three countries encourage marriage and parenthood within marriage, but they have different policies and laws on same‐sex relationships. By comparing how family‐related laws and policies in Japan, Singapore, and Taiwan treat SSPs and queer families, I find that policies with similar goals can be implemented differently. I also examine the long‐lasting heteronormativity and emerging homonormativity in these policies and laws. I further argue that legally and socially constructed connections between family, kin networks, and marriage should be considered in policy making and in academic discussions around SSP in Asia.

State, society, and sexuality: an inquiry on the lived experiences of lesbians and gay men in contemporary Singapore

“…Beyond the Singaporean context, scholars have found that LGBT+ individuals' life experiences in other societies are also significantly shaped by legal, social, and cultural factors surrounding LGBTQ+ rights and marriage (Chung, 2021;Ecker et al, 2019;Sansone, 2019). In the Western context, despite prevailing non-discriminatory laws, scholars found that these laws do not protect same-sex couples (Burke et al, 2022;Cahill & Tobias, 2006).…”

“…Drawing upon the US context, parallels emerge in the context of Singapore's public housing landscape. In Asian countries such as Taiwan, Japan, and Singapore, marriage is deeply intertwined with family and is often regarded as a precondition for childbirth (Chung, 2021). Consequently, same-sex couples face limited access to family resources and legal rights due to legal restrictions and the lack of marriage recognition (Chung, 2021).…”

“…Chung's comparative lens specifically focuses on the landscape of Singapore and Taiwan, revealing a divergence in family policies and inclusivity (Chung, 2021) Scholars have found that law plays a defining role in categorizing lesbians and gays as deviant, marginalizing them from legal rights and protections, and even criminalization (Harding, 2006). The emphasis on the deviant nature of their behavior relegated lesbians and gays to be positioned as Others in attaining legal protection positioning them as outsiders in the legal framework (Harding, 2006).…”

“…The absence of explicit recognition of sexuality in the Singapore and lack of anti-discrimination legislation renders legal remedies inadequate for addressing sexual minorities grievances (Chua, 2014). In contrast, Taiwan enacted laws to prohibit discrimination against sexual minorities (Chung, 2021). The legal restrictions and absence of antidiscriminatory legislation leave sexual minorities with inadequate legal remedies to address their grievances as sexuality is not formally recognized (Chung, 2021;Chua, 2014).…”

“…Scholars have found that this has resulted in various impediments such as exclusion from homeownership before the age of 35 (Yue & Zubillaga-Pow, 2012), housing grant incentives, tax rebates for childbirth that are exclusive to heterosexual couples (Oswin, 2019;Phang and Helbie, 2016;Teo, 2011). In preserving the state's ideal narrative, the government incentivizes heterosexual couples with benefits to encourage the formation of family units (Chung, 2021;Tan, 2016;Teo, 2011;Oswin, 2012;Yue & Zubillaga-Pow, 2012). Despite changing norms, the marginalization of lesbians and gay men persists within state policies and heteronormative ideals.…”