This post is based on reporting by Amy Hsieh.
Is Taiwan’s LGBT movement pressuring a same-sex couple to drop their lawsuit for marriage recognition just as its set to go to the island’s top court?
The case of Nelson Chen and Kao Chih-wei took and unexpected turn this week just as an administrative court was convening a hearing to refer their suit to the Constitutional Court. According to media reports, Chen said that he “might” or “tentatively intends to” withdraw his case. At the time, he said this was because he wanted to spare his family the attacks that have been posted on their Facebook pages.
But there are hints that they may be getting pressure from inside the LGBT movement to drop the case because of fear that an unfavorable ruling could set the cause back. On Thursday, an umbrella group pushing for a same-sex partnership law in the island’s legislature, issued a statement refuting remarks Chen allegedly made saying he was being pushed to withdraw the case. The statement from the Taiwan Domestic Partnership Task Force said:
We have never asked Nelson to withdraw his suit. In fact, we support every individual who is willing to stand up for their rights. Even if the constitutional interpretation turns out to contravene our belief in equal rights…no one will nor should place blame on individuals who have been brave enough to take a stand.
It’s unclear how seriously the couple is threatening to withdraw–the language used in media reports about his hesitation is very peculiar. But Chen announced that he will hold a “withdrawal of lawsuit press conference” on January 23 in a post on his Facebook page, inexplicably pairing the announcement with a picture of a toilet bowl. Reading between the lines, this could be is a play for more time to iron out disagreement with other LGBT rights activists in Taiwan.
If there is intra-movement disagreement about moving the case to the Taiwan’s top court, that wouldn’t be unusual. In many countries where individuals or couples have pushed marriage cases, institutional gay rights organizations have opposed such lawsuits fearing they were premature.