2024/11/01 New Bloom Newsletter
2024/11/01 New Bloom Newsletter
(Anti-trans) typhoon online, typhoon Kong-rey hits Taiwan, mutual aid request from Abby Wu
Hi ya’ll, Yo-Ling here with the next installment of the New Bloom Newsletter! I hope that everyone in Taiwan is doing well post-typhoon… The New Bloom team is monitoring our social media for any disaster relief efforts and will keep you all posted. October in general was a really intense month, especially around transgender issues… We have a very thorough write-up (by Micah on Trif’s talk) and mutual aid request (for Abby Wu) later in the newsletter.
Now, the news:
New Bloom News
Contention continued between the DPP and KMT in late October, with the constitutional court ruling against efforts by the KMT to expand legislative powers. The KMT’s push for such powers prompted the series of events earlier this year known as the Bluebird Movement. Such contention also continues with the DPP suggesting it may seek a constitutional interpretation over repeated attempts by the KMT to block the budget for next year.
Despite Chinese military exercises aimed at intimidating, the Lai administration has aimed to suggest it is willing to engage in discussions with China through calls for new talks. The talks would be aimed at cementing a new consensus.
Another eviction of an Indigenous person was reported on in Taitung during this period, with an activist involved in the struggle against the Miramar resort facing the sudden demolition of her home on October 21st. The sudden eviction has prompted outrage.
Ahead of the annual trans march and pride parade in Taipei, Hand Angel held a demonstration on October 24th that called for affirming the right to emotional and physical intimacy of people with disabilities. Specifically, the rally called for the decriminalization of sex work, as well as the creation of accessible spaces for intimacy for people with disabilities. The fifth annual Taiwan Trans March saw 2,500 people, about half of last year’s attendance, presumably due to the weather. This year’s atmosphere was somber, as October has seen a sharp increase in anti-trans discourse online, with the Taiwan Statebuilding Party publicly declaring its stance in support of compulsory surgery for legal gender change the week before Trans March.
At the end of the month, typhoon Kong-rey, the biggest typhoon in three-decades to hit Taiwan, killed at least two people. We are following the post-typhoon situation closely and will share any relief/aid efforts we come across.
DAYBREAK Events
(Please see our Facebook page for all upcoming and past events)
10/18/2025 Atopia 無托邦 V
On October 18, New Bloom member Andy Liu (劉永誠) hosted the fifth installment of the Atopia event series. Atopia is an evolving, collaborative, experimental event, at its core it tries to hold space for imperfections, uncertainty, and interplay. Through sound, performance, installations and ideas, dreamers and dabblers try to take an axe to the monotony of the late-capitalist hellscape known as the nine to five. All are welcome (except bigots and dicks). In addition to Andy, This installment gathered together the following artists: BB RENEGAY, anna, 林拙, Rika Nakashima, Leisure Time (our very own PL!), and BRAINLESS.
2024/10/19 Streamlining Gender Marker Changes
On October 19, New Bloom member Trif Chiu of Trif Trans Bar hosted a bilingual event in the midst of an extreme rise in anti-trans discourse online following strategic litigation wins to end compulsory surgery.
New Bloom community member Micah (he/him) brings us a detailed write-up:
You can access bilingual slides from this talk here. An online recording of the talk can be found here.
This bilingual Mandarin-English event has about 30 mostly Taiwanese, Mandarin speaking attendees. Trif, together with English translator and New Bloom member Yang Kang (槓槓) conveyed the talk in a very humorous, engaging, and direct manner.
Trif introduced themselves as the leader of event planning for the group Taiwan Non-Binary Queer Sluts, as well as Trif Trans Bar founder in Taipei, and an advocate for gender marker change without surgery. They also have a podcast which covers both of the issues discussed tonight and other topics, which you can listen to here.
In a beautiful accessibility accommodation for the talk, Trif provided a QR code to bilingual slides for audience members. The sections below follow their outline on the topic:
The Root of Gender Markers on Identification
Trif began by highlighting how gender is often assumed in society from birth, based on genitalia, and this causes a lot of pain for Trans people.
They underlined that allowing trans people to freely change their marker will solve many stresses, but not all. However, they pointed out, it is still important to create this legal shift to allow trans people their highest quality of life in the country, and access to basic opportunities like achieving employment.
They also pointed out the ongoing issue that there is not a great option for nonbinary people to have their gender recorded on identificatory documents, though some countries do allow for an “X.”
A Little Legal Knowledge
Trif opened this section with a meme on a catch-22 in Taiwanese society: Trans people need to work for money to afford surgery, but are often unable to find work because their presentation and ID gender marker are unaligned, yet are unable to change their ID gender marker until they have the money for surgery.
Trif posed the question of why a gender marker is so crucial on legal IDs at all, to which the audience reacted with loud support. Sharing a story of how one person abroad questioned their government on why the ID marker is necessary, they received the reply that it is necessary to help identify people. To which the reply is why, then, cannot the marker be changed to be able to better align with the identity of the person most accurately?
Trif then outlined the court structure of Taiwan and the steps a trans citizen must take to petition for their ID to be corrected. In 2008, the Ministry of Interior established that the petitioner must provide diagnosis certificates by two licensed psychiatrists, as well as documentation of surgery from a qualified medical institution of the removal of all sex organs.
Much of the important legal history below is taken from Trif’s slides, as is much of the court details:
In 2012, the DSM-5 reclassified transgender identities under "Gender Dysphoria," de-pathologizing them. Similarly, in 2019, the WHO's ICD-11 with "gender incongruence." International human rights bodies, including CEDAW and ICCPR reviews, have emphasized that transgender women are women and that forced surgery should not be a requirement for legal gender change.
In 2013, the Ministry of Health and Welfare declared that gender identity is a basic human right and decided that gender marker changes should not require mandatory surgery. This stance was conveyed to the Ministry of the Interior in 2014. The same year, the Human Rights Advisory Committee supported this position.
In 2022, the Executive Yuan commissioned a study led by Professor Chen Yi-chien, which recommended adopting a "weak medical model" for gender marker changes and proposed legislation, including long-term recognition of non-binary gender Identities.
Historical Background of Gender Marker Change Without Surgery
Trif pointed out that about a quarter of the world’s countries already allow for self-ID (legal marker change without surgery) including Argentina, Brazil, Spain, and Denmark.
Countries like France and Andorra have non-medical conditions for gender marker change, while other countries like Sweden and the UK have minimal medical requirements.
Countries like Taiwan, Japan, South Korea, and Türkiye have surgical requirements.
Trif challenged that Taiwan presents itself as an LGBT+ beacon in Asia, and yet has such non-progressive treatment of its trans citizens.
Analysis of Various Cases
Trif then detailed the six key court cases that have unfolded in the last few years in Taiwan:
小E‘s Case
The first was 小E’s case. In August 2021, the Taipei High Administrative Court (THAC) made a ruling which required the Household Registration Office to change the plaintiff’s gender registration to female without providing proof of surgery. The ruling was based in part on Taiwan's Personal Data Protection Act, which allows individuals to request corrections to personal information.
Lisbeth Wu’s Case
Despite presenting medical documentation, hormone therapy records, as well as a U.S. passport that already listed her legal gender as female, Lisbeth Wu was unable to convince THAC judges to allow her to change her Taiwanese legal gender without providing proof of surgery. In December 2021, THAC judges decided to not handle the case personally, to suspend the trial, and then requested a constitutional hearing.
In the subsequent decision to not take on the case and send it back to the THAC, Justice 詹森林 of the Constitutional Case pointed out that the cost of such surgeries is prohibitively high and the risks to a person’s physical integrity and health due to potential side effects are widely acknowledged. He argued that this stringent requirement fails to pass the test of proportionality and could potentially infringe on an individual's right to gender autonomy and, ultimately, human dignity.
Despite challenges, the four-year-long court case finally came to an end with a victory for Lisbeth on August 26, 2024.
小那’s Case
小那, a trans woman, experienced significant legal back-and-forth in her case that opened in September 2023. Initially, 小那 faced a defeat at the Kaohsiung High Administrative Court, prompting an appeal to the Supreme Administrative Court. In September 2023, the Supreme Administrative Court remanded the case back to the Kaohsiung High Administrative Court for further review. The Supreme Administrative Court ruled that:
A person's gender identity forms an integral part of their self-conception and human dignity, as protected under Article 22 of the Constitution. Requiring surgery to alter external sexual characteristics not only imposes a direct injury to the body but also infringes upon the constitutionally guaranteed right to health.
The mandatory surgical requirement does not comply with the principle of proportionality or the principle of legal reservation.
The request for legal gender changes should not be limited to biological characteristics. A comprehensive view of the entire Household Registration Act indicates that the term "gender" should not be restricted solely to a person's physical structure, chromosomes, or hormone-related gender characteristics. Thus, the previous ruling that the Act only refers to biological sex is incorrect.
Comparatively, the ruling also referenced legal systems in places such as California (USA), Spain, and the United Kingdom, which allow for gender changes without the necessity of invasive surgery. Following this, on July 17, 2024, 小那 finally achieved a victory from the Kaohsiung High Administrative Court.
Nemo’s Case
The May 2024 case of a trans man pseudonymized as Nemo marked a significant milestone as it was the first legal victory for a transgender man in Taiwan. Nemo, who was unable to undergo gender-affirming surgery due to health issues, petitioned for a gender marker change. He poignantly expressed his desire to have his gender officially recognized, even stating, "I hope that before I die, I can have my gender changed to male on my identification."
Vivi’s Case
In this ongoing case that was recently ruled on in August of 2024, Vivi challenged the requirement to submit medical proof of one’s gender identity. She did not fully succeed in her case, so her lawyers are now taking her case to the Supreme Administrative Court.
The core argument of Vivi’s case is based on the fact that the Household Registration Act does not state the requirements, and thus the Ministry of the Interior’s directive requirement demanding two psychiatric certifications violates the principle of legal reservation.
Vivi expressed that her gender identity did not cause her to feel the need for medical treatment, so she submitted evidence including photos of herself and a letter from her mother. Lawyers requested that the court adopt the French model, which allows for non-medical evidence to be recognized in such cases.
After detailing this case, Trif shared a long, touching letter from Vivi’s mother to the judge.
L’s and 嘉義’s Cases
In the 嘉義 Case, the Ministry of the Interior stated that birth registration in Taiwan is based on "biological sex." The Ministry referenced a directive from November 3, 2008, which was based on a resolution from a meeting held by the former Department of Health on October 13, 2008.
The Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR)
Trif thanked the Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) for their tireless work advocating for the rights of LGBTQ+ individuals in Taiwan. Without TAPCPR, many of the landmark legal and social progress we've seen in Taiwan might not have been possible. TAPCPR took on the first four cases above and they work on a pro bono basis. The last two cases sought their own independent representation.
Trif has been a longtime volunteer and donor for this amazing organization. If you would like to learn more about TAPCPR, check out their website here.
Future Outlook
Currently, the only way to achieve gender marker change without surgery is by suing the Taiwanese government, which wastes both time and money. Though the government does not show any signs of altering the current requirements, there are changes happening in the Taiwanese trans community itself, with more and more people recognizing that saving money and then undergoing the government-required surgeries is not the only way forward.
Trif urged the audience to not only prepare to be active around future legislation in this area, but also to push for legal recognition of nonbinary people.
They referenced a post talking about the “Anti-Trans Typhoon” happening online. They also highlighted Taiwan’s Green Party as currently the most trans-friendly party, and that the New Power Party has also expressed their support in the past. They point out that the chaotic Taiwan Solidarity Union has been co-opted by the opposition, and also that the prior “leftist” Taiwan Statebuilding Party has also recently outright said they oppose streamlining gender marker change requirements after chaotic statements online.
The end of their slides offers links to more resources for further learning; pamphlets with further resources and info were also offered at the event.
Finally, the event closed with applause and a time for Q&A.
2024/10/25 T&N Trans March Afterparty
New Bloom, Trif Trans Bar, Taiwan Non-binary Queer Sluts, and Queer Margins hosted a Trans March after party for the second time this year. We are honored to be able to use our space again to provide the trans and gender non-conforming community in Taiwan an important social gathering.
Mutual Aid Request from trans activist Abby Wu
In the midst of a typhoon of anti-trans discourse online after Lisbeth Wu successfully changed her legal gender following the August THAC ruling, trans activists across Taiwan have had an especially challenging month. One such activist, Abby Wu, whom we’ve written about before on the Newsletter here, has been especially targeted by anti-trans groups. Abby is also undergoing a lot of financial issues during this time, which she writes about on her most recent Patreon update. We are sharing/boosting her call for support here, which you can read in her own (lightly edited) words below:
Due to the success of lawsuits for legal gender change without surgery, the intensity of attacks by conservative forces on the transgender community in Taiwan has reached a new high in October. Reduxx.info, a well-known anti-trans media platform whose founder has been reprimanded multiple times for hate speech, publicly named me in the early morning of October 30, Taiwan time, in response to my activism. At that moment, my Twitter flooded with an influx of hate speech. I needed to turn my social media network into a semi-open state as a result.
These past few months have actually been very difficult. Because I can't afford my pets financially, under the persuasion of my friends, I had to give the four cats I had raised for a long time to other friends. I really miss them, but I know they will live better in their new families.
If you have read my previous article, you may have noticed that I seem to be moving. I am. The rent in the old house was 4 months in arrears and the living environment was not very good. A good friend of mine invited me to move to a new apartment to live with her, where the rent is about the same as what I was paying previously (NT$7,500 per month, approximately US$235). However, I am currently unemployed. I have actually been looking for various sources of income, including speaking engagements and working as a consultant. However, these are unstable sources of income. My friends are also worried about my financial ability to afford the rent.
Such setbacks in stable employment have made me question my ability to continue my activism and mentally/emotionally withstand the stress of the advocacy I do. I was a program engineer and security before, but now I don't know where my next meals is. Because I hope to have a fund to support my transgender community services and social movements, I have proposed an annual work plan for the Open Society Foundation in the United States. This year they are especially open to submissions from Taiwan. If selected, I will receive a very good fund can support my life and promote social movements for one year. Although Taiwan only has 4 fellowships, I am relatively optimistic, but the results will not be available until the end of December.
Between financial stress, a move, and a storm of online hate speech, I'm not doing well right now. I only have about NT$2,000 (about US$63) left with me now. I still have a lot of things in my old home that I can’t move to my new home because I can’t afford the moving expenses (it costs about NT$9,000, about US$281). And I have to complete the move to my old home before November 4th. Although I currently rely on the government’s monthly transportation pass (NT$1,200 per month allows unlimited use of public transportation), this is not a way to move. After all, things like washing machines and refrigerators cannot be moved by metro.
Because I don’t have much cash anymore, the rest of the money is used for food and to see the HRT doctor (but after spending all the money, I can’t see the doctor), but the hormone drugs I have on hand can last about 4 weeks. And I also saw a psychiatrist because of excessive stress, and he was prescribed anti-anxiety medication to help me sleep.
I would like to ask my followers to help introduce whether there are emergency living funds that Taiwanese transgender people can apply for. It is expected that in the next three months (until the results of the documentary competition and OSF proposal are announced), I will need at least about US$3,000. Living expenses, and I also hope that if followers see any annual funds that Taiwanese transgender movement workers can apply for, please let me know so that I can apply for these expenses.
I hope to set up my emergency life fund to raise funds, but because the GoFundme page does not accept accounts in Taiwan, I cannot use it.
The current support from Pateron is around US$58 per month. If you have the ability, I hope you can also support my life. My paypal is here paypal.me/lazurloner . You can also contact me via E-mail abby@lazur.me . Any assistant is appreciate.
That’s it for this Newsletter — please do consider financially supporting Abby through this difficult time if you are able!
Coming up
Our events calendar for the first half of November is looking pretty sparse, but we do have regular movie nights on Wednesdays and Trif Trans Bar’s weekly Friday night bar pop-up on Friday evenings. Please follow our social media for more updates!