While all eyes have been on Nymphia Wind and Taiwan’s drag scene, the past couple of weeks have also seen two important advances in LGBTQ+ rights in Taiwan that might have slipped under the radar.
The first piece of news came on May 23, with the Centers for Disease Control (CDC) announcing that it would seriously consider removing a ban on blood donation by men who have sex with men (MSM). Taiwan is one of very few advanced nations worldwide that maintains an indefinite ban, initially implemented due to concerns about the transmission of HIV.
The practice has been heavily criticized as discriminatory, as the risk has become very low with advancements in screening and blood testing. Although HIV transmission has historically been more prevalent among MSM, the real risk factor when it comes to blood donations is unsafe sexual practices.
A gay monogamous couple would pose a very low risk compared with a promiscuous heterosexual man, but it is the former who would be banned indefinitely from donating blood in Taiwan. As a comparison, the US in August last year removed all restrictions on monogamous gay couples. Before then, all MSM had to wait three months after having intercourse with another man to donate blood.
In 2018, the CDC proposed changing the rule to allow MSM to donate after a five-year deferral period — far more than the deferral period of a few months in other countries — but it was never implemented due to public opposition. However, now that new cases of HIV infection have been steadily dropping, falling to only 940 last year, the CDC felt the time is right to take the public temperature with a series of expert and public hearings to be held later this year.
It might still be in the early stages, but there is reason to believe it might be successful this time. Public sentiment toward LGBTQ+ issues has improved significantly since 2018, and the CDC has already presented data to back up its decision. If supplemented by a public awareness campaign, the unfair restriction could be lifted by the year’s end.
The second advancement came last week, with the Taipei High Administrative Court ruling in favor of a transgender man who applied to change his legal gender without having undergone gender-affirming surgery. It comes after another decision in 2021 in favor of a trans woman who made a similar appeal.
Like the blood donation rule, there is another antiquated and discriminatory rule on the books requiring people to present proof of surgical transition when applying to change their legal gender. In plaintiff Nemo’s (尼莫) case, although he had been taking male hormones for years, he was told that gender-affirming surgery would pose a life-threatening risk due to a previous medical procedure.
The court’s decision provides an important precedent that would allow cases to be treated on an individual basis. Hopefully the next step is recognizing that not everyone wants or is able to undergo expensive surgery to be identified as they want and already are. When that time comes, Taiwan can join the 50 other countries and territories that allow legal gender changes without proof of surgery.
They might be minor advancements, but every step is important on the road to equality. Taiwan earned its reputation as the most progressive place in Asia thanks to improvements such as these, pushed along by the tireless efforts of activists and the LGBTQ+ people who live openly and proudly every day.
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