Pro- and Anti-LGBT Plebiscite Proposals Clear the Bar for the Second Phase

Pro- and Anti-LGBT Plebiscite Proposals Clear the Bar for the Second Phase

Source: China Times

September 5, 2018

The Equal Rights in Marriage Alliance, a pro-LGBT group, submitted nearly one million signatures for its two plebiscite proposals to the Central Elections Commission yesterday, completing the second phase of the process. These two pro- LGBT plebiscite proposals and three anti-LGBT plebiscite proposals all have cleared the bar to be combined with the year-end local elections. A decisive battle between pro- and anti-LGBT groups is looming along with the nine-in-one local elections on November 24^th. However, the problem is that if the five plebiscite proposals were all finally passed, they would definitely create contradiction. In that case, should same-gender marriage be written into the Civil Code or should the legislature enacts a special law for it? The executive and legislative branches would be caught in a dilemma.

Liao Yuan-hao (廖元豪), an associate professor of law at National Chengchi University, said that according to the original Plebiscite Act, a majority voters voting in the affirmative would be required for the passage of the plebiscite proposal. Now, only a quarter of voters voting in the affirmative will suffice. The revised version will definitely arouse disputes in the future. This is the difficult question that must be faced after the bars for plebiscite proposals were lowered.

Theoretically, if there is no powerful countering campaign, the plebiscite proposal could finally pass as long as it received five million affirmative votes. According to actual cases in the past, gaining five million ballots would be possible. If plebiscite proposals on opposite stances finally passed, the executive branch would be lost, not knowing what to do.

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