Speech by Li Ling-wei | The 22nd 2024 Taiwan Pride

I am the Deputy Convenor of the Gender Group at the Judicial Reform Foundation, the Managing Attorney at Ching Kuan Law Firm, and the founder of Taiwan Non-Binary Queer Vagabonds. I stand here today in these three capacities to share the important issues we are advancing, and to defend the rights of transgender and non-binary communities.

The Judicial Reform Foundation has been established for nearly 30 years. In its early years, it focused on criminal justice issues, and in recent years it has also cared about legal issues in various aspects. Gender issues in the law are naturally an area of our concern. Taiwan Non-Binary Queer Vagabonds is a community dedicated to supporting non-binary individuals, striving to increase our visibility in society and promote understanding and respect for gender diversity. We also have a community book titled "Screw Your Binary World." Ching Kuan Law Firm is the first gender-friendly law firm in my hometown of Taoyuan, where we accept many commissions from women and gender minorities all over Taiwan to assist clients in legal proceedings to fight for their legal rights.

Recently, we have seen an increasing number of voices opposing transgender rights online, filled with misunderstandings and fear. Many people, having had little contact with transgender issues, associate transgender individuals with social chaos or even crime, which breaks our hearts. Therefore, we call on society to strengthen gender diversity education, helping everyone better understand the true circumstances of transgender individuals to fundamentally dismantle misunderstandings and resistance. Transgender and cisgender individuals are not engaged in a zero-sum game; both are victims under gender frameworks and should ally with one another.

Here, we want to particularly emphasize our support for "gender marker change without surgery." This is an issue concerning the fundamental human rights of every transgender person. Current laws require transgender individuals to undergo mandatory surgical removal of sexual organs in order to legally change their gender registration. However, this requirement not only violates personal bodily autonomy but also ignores the psychological and physiological dilemmas faced by many transgender people. This is not a simple choice, but a surgery they should not be forced to undergo. Policies concerning the body have always been a major focus of state governance; often, one of the greatest threats a state exerts over its people is intervening to manage their bodies—such as dictating how healthy you must be to be a citizen. In ancient times, there were also rules that you had to wear a certain hairstyle or else be labeled as foreign barbarians. In a modern democratic society, we should collectively abandon this concept of intervention in the body and respect everyone's fundamental bodily rights, which is also an important constitutional right.

Here, I would like to specially share an important case represented by our firm and assisted by the JRF, the Hsiao Na Case. The litigant in this case went through a very long time simply hoping to live as a woman. You can search for "transgender Hsiao Na"; Mirror Media had a special report in early October. We represented this case, and on September 21 of last year at the Supreme Administrative Court, and three months ago on July 17 of this year at the Kaohsiung High Administrative Court, judgments have once again emphasized that regulations forcing transgender individuals to undergo surgery severely violate their human dignity and right to health. The victory in this case represents a major step forward, emphasizing that legal gender marker changes should be allowed without surgery. To us, this is an important step toward gender equality. This case has also made us feel inspired, and we believe Taiwan is a great country that protects human rights.

The issue of gender marker changes without surgery not only affects transgender individuals, but is equally significant for non-binary people. We also face similar dilemmas, finding it extremely difficult to obtain identification documents that truly reflect our gender identity. We believe that everyone should have the freedom to change their legal gender without being restricted by whether they have undergone mandatory bodily changes, and that a third gender marker on identification documents should also be open. What I want to say is that whatever gender a person is, that is how they should be. This matter involves more than just transgender people; previously, we felt that women's breasts had to be large and they had to be very thin, or that being too short made a man a failure. These are all gendered bodily interventions, and our efforts are aimed at liberating everyone together from such gendered bodily interventions!

We also support the legislation of an Anti-Discrimination Act. This law should protect everyone's rights when facing personal or structural discrimination, whether based on gender, race, religious belief, disability, or age. This bill is crucial for safeguarding the safety of non-binary and transgender communities, ensuring they are not discriminated against or marginalized in society. The point is that no matter who you are, everyone should be free in their actions and thoughts without being restricted or discriminated against, so please join us in supporting the Anti-Discrimination Act.

Please give me a moment for a brief commercial plug. Right now in Taiwan, the visibility of non-binary and transgender individuals is still insufficient, so we have created a community questionnaire. Please help us promote it, and we sincerely invite every non-binary friend to participate in the "2024 Taiwan Non-Binary Community Questionnaire." This is a survey about the current status and diverse composition of our community, allowing us to better understand the needs and challenges of the non-binary population. For details, please visit the official website of Taiwan Non-Binary Queer Vagabonds, search for "Taiwan Non-Binary Queer Vagabonds" on Facebook and Instagram to find information related to the questionnaire, or find our flag today and scan the QR code to fill it out.

Finally, I want to emphasize that the rights of the non-binary community and the transgender community are inseparable, and the persecution of gender minorities actually harms everyone through stereotypes. We support the rights of transgender people because transgender rights are human rights, and transgender rights affect everyone's freedom. Transrights are human rights! We will continue to work hard, for Taiwan's non-binary community, for the transgender community, and for every person who deserves to be respected and understood, to promote legal reform and continue to monitor the judiciary.

I am the Deputy Convenor of the Gender Group at the JRF, the founder of Taiwan Non-Binary Queer Vagabonds, and the Managing Attorney at Ching Kuan Law Firm. Thank you all for your support and attention, and let us work together for a more inclusive and equal society! Thank you! Let's shout our slogan together: Screw your binary world!