LEGAL POSITION OF LGBTQ RIGHTS IN THE INDIAN JUDICIARY

ABSTRACT

Homosexuality is one of the most controversial topics in a country like India where people are ready to judge each other based on their gender and sexual identity rather than on the principle of intelligible differentia. It leads to obstacles in securing the fundamental rights of the LGBTQ community involving the right to equality, the right to privacy, the right to live with dignity, and many more. Keeping this in mind, the research paper mentions the obstacles and plight faced by the LGBTQ community before and even after the decriminalization of homosexuality.

It also mentions an analysis of various landmark judgments and transgender rights protection bills passed in the favour of LGBTQ class. While the laws have changed violence and intimidation against these people still exist at the hands of state machinery and it urges the need to amend human psychological thinking in personal as well as social lives.

KEYWORDS

Homosexuality, LGBTQ, Human Rights, Transgender Rights, Legislation

“Equality means more than passing laws. The struggle is won in the hearts and minds of the community, where it counts.” — Barbara Gittings

INTRODUCTION

The fundamental concept of human rights rests on the cynosure of thinking that all humans irrespective of their looks, colour, sexual orientation, and gender identity are treated equally in the eyes of society. Anything that questions or doubts their dignity comes under the periphery of violation as it violates the principle of equality before the law and leads to discrimination in society. The term LGBTQ or GLBTQ is an acronym for Lesbian, Gay, Bisexual, Transgender, and Queer commonly known as Gay community. The term is used to describe various groups within the gay culture. With the passage of time and diversified perceptions of the term gay, homosexuality is used by different terms which are collectively called LGBTQ. Lesbian:- A woman who is sexually attracted to a woman.

Gay: – A man who is sexually attracted to the man.

Bisexual: – Someone whose sexual and romantic feelings are attracted toward both genders.

Transgender: – It is an umbrella term that holds a diversity of gender expression and identities including bi-genders, cross-dressers, transsexuals, etc.

Queer:- Someone who is attracted to multiple genders and whose gender identity or sexuality does not match society’s traditional beliefs. They feel that they lose their sexuality if they begin a monogamous relationship.

The activists and sociologists associated with the LGBTQ community consider a balance between homophobia, transphobia, and biphobia pressures that are prevailing in modern society. LGBTQ communities promote or organize a movement for civil rights in various places but despite remarkable progress, these individuals are still subjected to a lack of equality and societal atrocities in their lives. These ongoing legal disabilities can produce a high degree of legal consciousness within the community. At present after the scrapping of Section 377[1] of the Indian Penal Code 1860 (which corresponds to unnatural offenses) and decriminalization of homosexuality, are homosexuals finally equal citizens? Have we achieved full equality and rights for transgenders?

Based on the aforementioned issues, the author discusses the history of legal battles conducted in the context of the LGBTQ community, the struggle for legal equality, protection of the rights of transgenders, legal recognition of marriage, and the impact of societal atrocities on the lives of the community. The study will further discuss the legal position of LGBTQ rights in India as well as at the International level followed by cases and judgments passed in favor of the LGBTQ class.

LITERATURE REVIEW

The issue of homosexuality in India has always been a debated issue. This section reviews some of the literature that discusses the historical facets of homosexuality and the existing situations of same-sex relations in India. The study is conducted based on the aspects of homosexuality during an era of ancient, medieval, British colonization and post-independence times in India.

During the ancient period, the Rig Veda which dates back to 1500 BC talks about Thadani[2] which is stated as one of the earliest cosmologies found in Rig Veda belonging to dual feminine deities- Dyava. It represents a union of two females that can be seen as lovers, mothers, sisters, etc. According to the ancient texts, the symbol of Yoni consists of two points of light represented by female twins thus giving the notion of homosexuality. The Kamasutra- an ancient treatise on sexology specifies three types of genders- pums prakriti, stri prakriti, and tritya prakriti which are nowadays called man, woman, and third sex[3]. The third sex was further categorized into gays and lesbians. It shows that people were more open and unconventional towards love and gender equality during ancient times.

During the medieval period, the practice of lovemaking with boys was prevalent in the court of Muslim rulers and Urdu poets[4]. It is mentioned in Tuzuk-i-Babri about the love affair of Babur with a little boy at his court. Homosexuality was an accepted norm in the courts of Pathans and Nawabs. The famous sculpture of the medieval period- Khajurao Temple[5] built by Chandela rulers depicts erotic images of women and men displaying their genitals to each other. A similar view was seen on the southern wall of the temple in which a woman was engaged in intercourse with the third sex person. In addition to this, Quli Khan- a resident of Hyderabad had observed homosexual activities and relations in the culture of Delhi as mentioned in his diary Muraqqu-e-Delhi[6].

With the advent of British colonization, the practice of homosexuality started limiting and the influence of imperialist Britain n Indian sexuality took the form of suppression and domination. It has led to the introduction of Section 377 of the Indian Penal Code, 1860 which brings forth the terms like unnatural and order of nature. The section states that penetration is sufficient to form carnal intercourse against the order of nature with any man, woman, or animal and that the person shall be punished with life imprisonment or fine or liable to both.

The post-independence scenarios dealt with the term against the order of nature concerning some case laws. In Lohana Vasantlal Devchand vs. The State[7], a test was applied by the court for determining homosexual conduct to interpret the term against the order of nature which is mentioned explicitly in section 377 of IPC 1860. The court in this case cited the new term ‘sexual perversity’ which is defined as unnatural conduct performed for sexual satisfaction by the partners. The same procedure is being followed by the courts in cases State Of Kerala vs. Kundumkara Govindan And Anr[8], Brother John Antony vs. The State[9] , and Calvin Francis vs. the State Of Orissa[10]. Some other reviews that surfaced through articles, reports, and books stated as the voting rights of the LGBTQ community cannot be treated in isolation apart from other communities[11]. The exclusion of the LGBTQ community is likely to generate low economic costs as a result of discrimination and gender inequality in workplaces[12].  There is an urge for Government to pass some legislation in the favour of LGBTQ people[13]. The time is not so far when society will accept the LGBTQ community and their rights are considered tantamount to the rights of other citizens[14].

RESEARCH METHODOLOGY

The research is based on secondary sources which include analyzing books, research papers, articles, and blogs and it is descriptive. The case laws and reports have been recorded from verified e-data sources such as SCC online, Indian Kanoon, Manupatra e-database, and so on. The study examines various issues faced by the LGBTQ community in legal, personal as well as social scenarios.

• A study of the history of legal battles and equality of the LGBTQ community.
• Legal recognition of marriage and the impact of societal interventions on the lives of the community.
• Critical evaluation of the Transgenders persons (Protection of Rights) Act, 2019
• Analysis of judgments passed in the favour of LGBTQ class.

FACTORS THAT CONTRIBUTE TO LGBTQ EQUALITY

The continuous struggle for legal equality for the community rests on the following constitutional principles:

• Equal protection of the law and prohibition of any discrimination based on gender, religion, sex, and other disabilities.
•  The Right to Privacy is also provided to the community as it’s the choice of an individual to make decisions about personal intimate relationships.
• The Right to freedom of speech and expression stands valid to formally recognize homosexuality in society.
• It also includes the right to form social and political organizations to protest peacefully and speak publically to highlight LGBTQ issues.

LEGAL RECOGNITION OF HOMOSEXUAL MARRIAGES- A NEVER-ENDING DEBATE

Although scrapping down section 377 of IPC, 1860 was a historic and landmark judgment; legal recognition of marriages is still far from reality. In India, there is neither a legal provision for the marriage of the LGBTQ community nor there is any law on constitutional grounds. It seems that tolerance of homosexual social relationships is still a mile to go. The social exclusion of homosexual marriages leads to discrimination, deprivation, and an inferiority complex in the community[15]. The voice for the decriminalization of homosexual marriages has ignited a new battle on the legislative grounds that cannot be ignored. A few judgments have provided a ray of hope for LGBTQ couples as seen in Arunkumar and Sreeja vs The Inspector General Of Registration & Ors[16]. The Madras High court in the following case held that a marriage conducted between a male and a trans woman, both following the Hindu religion, is said to be a valid marriage under section 5 of the Hindu Marriage Act, 1955[17] , and the marriage needs to be registered by the Registrar. The court does not violate any clause of section 377 in this regard.

The Supreme Court of India in Shakti Vahini vs Union Of India[18] held that an individual has the right to marry a person of his/her choice irrespective of caste, gender, sex, and other discriminatory grounds. The court also stated that when the ability to choose is squeezed on the grounds of discrimination and in the name of honor killings, then a chilling effect prevails over the brains of the so-called hypothetical society. Still, it is poignant to say that people from the LGBTQ community have to fight for their rights even after such landmark judgments.

It is evident from an incident in the Shamli district in Uttar Pradesh where a lesbian couple sought police protection after being subjected to mental torture and harassment from their families on the decision of marrying each other[19]. A petition by social activists and members of the LGBTQ has been filed in the Delhi High court seeking the declaration to recognize same-sex marriages under the Hindu Marriage Act, 1955[20]. The Solicitor General in response to PIL has said that our society and values do not recognize homosexual marriages. Many similar incidents act as obstacles in proving the legal status of homosexuality. The lack of legal provisions for homosexual marriages in civil and personal laws led to the amendment of the Special Marriage Act, of 1954[21] that can open the doors of marriage for the LGBTQ community.

CRITICAL ANALYSIS OF THE TRANSGENDER PERSONS (PROTECTION OF RIGHTS) ACT, 2019- A MYTH OR REALITY?

The Transgender (Protection of Rights) Act, 2019[22] for the protection of transgenders and their rights, was passed by Lok Sabha on 5^th Aug 2019 and came into effect wef. 10^th Jan 2020. The act consists of 23 sections and introduced the term “transformer” to signify persons of the opposite sex, persons with intersex diversity, and persons with socio-cultural identities such as hijra, kinnar, etc. The act provides various rights to transgenders such as the right to reside in their places, health care rights, the right to the recognition of identity, and the establishment of the National Council for Transgender Persons. All these rights are in black and white that are miles away from getting implemented in reality. The definitions stated in the act are either redundant or vague regarding community issues. However, the act was criticized by various activists and social groups for its erratic provisions as opposed to the judicial standards. The following points elucidate the criticism of an act[23].

• The act does not highlight the provisions of education and public employment.
• The legislation does not provide equal protection of the law in the cases of rape or sexual offenses as mentioned in Article 14 of the Indian Constitution.
• The act does not provide any legislation for trans-children of the deceased[24]. As a result, it leads to mental health problems and psychological disorders among trans-children.
• Giving recognition certificates by checking their gender is against the constitutional provisions of the right to privacy. It will lead to humiliation and bullying of the transgenders as they mainly rely on the District Magistrate for getting the recognition certificates.
• The act does not have a single member from the transgender community in its quorum who can address the issues and feel the plight of the transgender community.

Therefore, the inconsistent provisions of the act put more restrictions on transgenders instead of setting them free from an abyss of darkness.

ARE THE ISSUES SOLVED AFTER THE DECRIMINALIZATION OF HOMOSEXUALITY?

Despite several enactments and legislations passed in the favour of the LGBTQ community, there still exists inequality, racism, violence, harassment, and discrimination among people in every place around the world.

• Social exclusion and Discrimination: – LGBTQ people are not recognized for who they are and are socially outcasted due to their gender identity. This exclusion has led to events like dropping out of school, ignorance in the community, lack of family support, firing from jobs, and attempting suicide in many cases. Recently, a boy aged 19 years committed suicide after being harassed and intimidated because of his homosexuality[25]. The person thinks a lot before disclosing his/her identity from the fear of experiencing homophobia and heterosexism from ruthless society.
• Conversion therapy: – This is a malicious and false practice that claims to change a person’s gender identity or sexual orientation by harassing or bullying them. An incident took place in Goa wherein 21 years old LGBTQ activist committed suicide after being forced into conversion therapy by her parents[26]. This practice violates the provisions of article 21 i.e. the right to personal life and liberty and puts a question mark on the working of the Indian judiciary system.
• Browbeat by Social Media:- Social Media may act as a boon or bane for individuals as it reflects and express the opinions of society. When taken in a positive sense, social media allows LGBTQ people to share their struggles and journeys which helps in reducing trauma and societal pressures but it does not mean that the adverse impacts of social media can be ignored. The words like homophobia and transphobia are often connoted with friendly bullying or intimidation on social platforms. It is evident from the video uploaded by the YouTuber Carry Minati[27] that hurt the sentiments of the LGBTQ community by using a derogatory term for gay people. It led to infuriation among the masses and the contents of the video were taken down.

CRITICAL ANALYSIS OF INDIAN CASE LAWS AND JUDGMENTS PASSED IN THE HISTORY OF THE LGBTQ COMMUNITY

 Several laws and enactments have been passed by the legislature for providing legal sanctity to the rights in the support of the LGBTQ class.

In Naz Foundation vs  Government of NCT Delhi[28], the writ petition was filed in the Delhi High court stating that section 377 is unconstitutional and it violates the fundamental rights enshrined in Articles 14, 15, 19, and 21 of the Indian Constitution. Section 377 also creates obstacles in combating the spread of HIV/AIDS by the gay community. The court held the landmark judgment in the favour of LGBTQ community stating section 377 does not differentiate between public and private acts, consensual or non-consensual acts, therefore, it is unconstitutional in the eyes of the law.

Although the judge gave a ray of hope to the LGBTQ class, it was challenged in the Supreme Court in Suresh Kumar Koushal & Anr vs Naz Foundation & Ors[29]. The court held that section 377 is not unconstitutional and it does not criminalize any community or identity. It only identifies such acts that are against the order of nature which if committed would lead to an offense. This judgment created an era of darkness in the lives of LGBTQ people. The darkness is removed in the case of the National Legal Services Authority (NALSA) vs the Union of India[30]. The Supreme Court in this regard held that article 14 does not exclude the term ‘person’ and it recognizes transgenders as the citizens of this country. The NALSA case is the landmark case for transgender rights in the country. The court also presented stringent guidelines that every state must follow to provide legal protection of laws to transgenders in every sphere of life.

In Justice K.S.Puttaswamy (Retd) vs The Union Of India[31], the apex court held that the right to privacy is an integral part of article 21 and it is extended to every individual irrespective of gender identity and sexual orientation. Thus, the bench gave the right to privacy to the members of the LGBTQ community and held that the state authorities must not interfere while exercising the practice of homosexuality.

In Navtej Singh Johar vs The Union Of India Ministry Of Law And Justice[32], the apex court gave its landmark judgment of decriminalizing all consensual sex including homosexuality. The court further held that section 377 violates articles 14, 15, 16, and 19 (1) of the Indian Constitution and it should not be exercised against the dignity and autonomy of any individual.

The order passed by the Supreme Court in Shafin Jahan vs Asokan K.M. [33] also stated that it is a fundamental right of every individual to choose a partner of his/her choice which can be extended to the same sex also.

UN RECOGNITION OF LGBTQ RIGHTS

The LGBTQ community not only faces gender inequality, violence, and harassment in India but also in different countries around the world. A few countries like Afghanistan, Brunei, Pakistan, Qatar, and UAE[34] provide punishment in the form of the death penalty against homosexuality. Till the 20^th century, homosexuality was never given recognition by the state as well as people and was recognized as a heinous crime or sin. In 1992, the WHO gave recognition to homosexuality and accepted it as normal human behavior which is then getting legal status among various countries. In 2011, UNHCR released its first report[35] on human rights and the LGBTQ community that mentions the provisions and the rights of the community including criminalization of homosexuality, discrimination against social violence and bullying, and many more. The UN also urged all countries to enact laws related to the protection of the rights of the LGBTQ community[36]. In 2015, several UN agencies (ILO, UNHCR, UNDP, UNESCO, etc.) initiated equality practices to end violence and gender inequality against LGBTQ people[37]. Despite these efforts, the UN’s formal agencies face many obstacles in promoting awareness of the rights and protection dealing with homosexuality. In 2016, UNHRC established an expert council[38] to formally examine the social atrocities towards the LGBTQ community but the UN Security Council members like China and Russia did not support this initiative. In 2016, the famous incident of the mass shooting at Pulse nightclub in Florida[39] shook the roots of humanity that lead to the massacre of 49 people for practicing homosexuality. The court of Taiwan[40] in 2018 held that it is an individual choice to maintain sexual relationships irrespective of gender and religion. The progress and awareness toward the protection of the rights of the LGBTQ community have witnessed a gradual change globally with an optimistic ray of hope while advocating for change at the International level.

CONCLUSION & SUGGESTIONS

The article addresses the conditions and plight of the LGBTQ community in securing their fundamental rights including the right to equality, equality of opportunity in employment, and workplace, the right to personal life and liberty, and the right against exploitation.

Despite several landmark judgments in favor of the LGBTQ class such as Navtej Singh Johar vs The Union Of India in 2018, NALSA in 2014, and many more, the community is still subjected to harassment, violence, and bullying in almost every sphere of life. What would be the benefit of decriminalizing homosexuality if people are still unable to marry a person of their choice? The Transgender Persons (Protection of Rights) Bill was passed in 2019 after stringent efforts still it is occupied with many gaps and controversies.

The LGBTQ community not only faces gender inequality, violence, and harassment in India but also in different countries around the world. Till the 20^th century, homosexuality was never given recognition by the state as well as people and was recognized as a heinous crime or sin. In 2011, UNHCR released its first report on human rights and the LGBTQ community that mentions the provisions and the rights of the community including criminalization of homosexuality, discrimination against social violence and bullying, and many more. Despite these efforts, the UN’s formal agencies face many obstacles in promoting awareness of the rights and protection dealing with homosexuality. 

All these scenarios urge the need of the hour to decriminalize homosexuality and remove an era of darkness from the lives of the LGBTQ community. It is the duty of both the Government and the citizens of the country to raise their voices against malicious practices and discrimination conducted in the name of gender identity and sexual orientation. The Govt. should make dedicated efforts to create public awareness about homosexuality, sexual orientations, and gender identity phenomena.

“My silences had not protected me. Your silence will not protect you.” – Audre Lorde

Gagandeep Singh Narula

Sankalp Institute of Law, Ghaziabad affiliated with CCS University, Meerut

---

[1] Indian Penal Code 1860, s. 377

[2] Giti Thadani, Sakhiyani – Lesbian Desire in Ancient and Modern India, Cassell, London, 21, (1996)

[3] Richard F. Burton etal, The Kama Sutra of Vatsyayana, 80  (1883),  http//www.openpdf.com/ebook/kamsutra-hindi-pdf.pdf

[4] SHERRY JOSEPH, SOCIAL WORK PACTICE AND MEN WHO HAVE SEX WITH MEN 67 (1^st ed. 2005)

[5] LGBT and Hinduism, available at https://en.wikipedia.org/wiki/Hinduism_and_LGBT_topics

[6] Ruth Vanita and Saleem Kidwai, Same-Sex Love in India: A Literary History, 1 RUPKATHA JOURNAL ON INTERDISCIPLINARY STUDIES IN HUMANITIES 479, (2008)

[7] Lohana Vasantlal Devchand v. The State, AIR 1968 Guj 252

[8] State Of Kerala v. Kundumkara Govindan And Anr, (1969) CriLJ 818

[9] Brother John Antony v. The State, (1992) CriLJ 1352 Madras HC

[10] Calvin Francis v. State Of Orissa, (1992) IOLR 316

[11] Madhurima Chowdhury, LGBT, Marginalisation and Human Rights in India, 1(4) INTERNATIONAL JOURNAL OF CURRENT HUMANITIES AND SOCIAL SCIENCE RESEARCHES (IJCHSSR), 21, (2017).

[12] M. V. Lee Badgett, The Economic Cost of Stigma and the Exclusion of LGBT People: A Case Study of India, (2014), https://events.development.asia/system/files/materials/2016/12/201612-economic-cost-exclusion-lgbt-people.pdf

[13] V. Revathy & Dr. S. Pandiaraj, The violation of human rights against LGBT community in India- A critical study, 120 (5) International Journal of Pure and Applied Mathematics (IJPAM), 4875-4884 (2018).

[14] Pukhrajbir Kaur, Unraveled Section 377 IPC: A review of post Navtej Singh judgment scenario, 6(6) Journal of Emerging Technologies and Innovative Research (JETIR), 363-372 (2019).

[15] Rekha Mewafarosh, Devjani Chatterji, Deprivation and Social Exclusion of LGBT Community in India, 4 (1)  International Journal of Research and Business Studies (IJRBS), 127-136 (2019).

[16] Arunkumar and Sreeja v. The Inspector General Of Registration & Ors, (2019) SCC Online Mad 8779

[17] Hindu Marriage Act 1955, s. 5

[18] Shakti Vahini v. The Union Of India, (2018) WP (civil) No. 231 of 2010

[19] Press Trust of India, Lesbian Couple In Uttar Pradesh Village Seeks Police Protection To Marry, WWW.NDTV.COM (June 20, 2019, 4:09 pm), https://www.ndtv.com/india-news/uttar-pradeshs-lesbian-couple-in-uttar-pradesh-village-seeks-police-protection-to-marry-2056424

[20] Nilasish Chaudhary, Not Allowing Homosexual Marriage A Violation Of Right To Life’: PIL in Delhi HC Seeks Recognition Of Same-Sex Marriage, WWW.LIVELAW.IN (Sept 13, 2020, 4:04 am), https://www.livelaw.in/top-stories/not-allowing-homosexual-marriage-a-violation-of-right-to-life-pil-in-delhihc-seeks-recognition-of-same-sex-marriage-162869

[21] The Special Marriage Act, No. 43, Acts of Parliament, 1954 (India). 

[22] The Transgender Person’ (Protection of Rights) Act, No. 40, Acts of Parliament, 2019 (India). 

[23] Ibid.

[24] Ryan, C, Generating a revolution in prevention, wellness & care for LGBT children & youth, 23 (2) Temple Political & Civil Rights Law Review 331-344 (2014)

[25] India Today web desk, Not my fault I was born gay: 19-year-old commits suicide over homophobia, WWW.INDIATODAY.IN (July 19, 2019, 09:55am)  https://www.indiatoday.in/india/story/gay-man-suicide-homophobia-lgbt-helplines-1565041-2019-07-09

[26] Rianna Price, LGBTQ+ conversion therapy in India: how it began and why it persists today, THE CONVERSATION.COM (July 20, 2020, 1:56pm)  https://theconversation.com/lgbtq-conversion-therapy-in-india-how-it-began-and-why-it-persists-today-140316

[27] Zijah Sherwani, Here’s Why Carryminati’s TikTok Roast is Problematic, WWW.THEQUINT.COM (June 24, 2020, 2:22pm) https://www.thequint.com/neon/gender/carryminati-tik-tok-vs-youtube-roast-video-removed-homophobia

[28] Naz Foundation v. Government of NCT Delhi, (2009) WP (civil) No.7455/2001

[29] Suresh Kumar Koushal & Anr v. Naz Foundation & Ors, (2013) WP (civil) No. 10972 of  2013

[30] National Legal Ser.Auth v. The Union Of India & Ors, AIR 2014 SC (1863) at 1890 para 54

[31] Justice K.S.Puttaswamy (Retd) v. The Union Of India,  (2018) WP (civil) No. 494 of 2012

[32] Navtej Singh Johar v. The Union Of India Ministry Of Law And Justice, (2018) WP (crl) No. 76 of 2016

[33] Shafin Jahan v. Asokan K.M, (2018) WP (crl) No. 366 of 2018

[34] Lucas Mendos, State- Sponsored Homophobia, ILGA WORLD (2019, 13^th edition)  https://ilga.org/downloads/ILGA_State_Sponsored_Homophobia_2019.pdf  

[35] United Nations, UN issues first report on human rights of gay and lesbian people, WWW.NEWS.UN.ORG  (Dec 15, 2011) https://news.un.org/en/story/2011/12/398432

[36] Jill Dougherty, UN council passes gay rights resolution, WWW.EDITION.CNN.COM   (June 17, 2011, 11:00Pm) http://edition.cnn.com/2011/WORLD/europe/06/17/un.lgbt.rights/index.html

[37] UN entities, Ending violence and discrimination against lesbian, gay, bisexual, transgender and intersex people, WWW.WHO.INT    (Sept 29, 2015) https://www.who.int/news/item/29-09-2015-ending-violence-and-discrimination-against-lesbian-gay-bisexual-transgender-and-intersex-people

[38] International Justice Resource Center, Human rights council establishes SOGI expert, WWW.IJRCENTER.ORG  (July 28, 2016) https://ijrcenter.org/2016/07/28/human-rights-council-establishes-sogi-expert-renews-eight-others/

[39] Michael Ray, Orlando Shooting of 2016, WWW.BRITTANICA.COM   (June 12, 2016) https://www.britannica.com/event/Orlando-shooting-of-2016

[40] Ann Wang, Taiwan’s same-sex marriage vote divides families, WWW.REUTERS.COM   (Nov 22, 2018, 6:29Pm) https://www.reuters.com/article/us-taiwan-lgbt-vote-idUSKCN1NR2EC