Will Marriage Rights Bring Family Equality? Law, Lesbian Co-Mothers, and Strategies of Recognition in Taiwan

Abstract:This article analyzes the tension between marriage and family rights in the context of Taiwan’s marriage equality movement and the then-pending legalization of same-sex marriage following a 2017 Constitutional Court ruling. It focuses on the efforts of lesbian co-mothers to secure vital legal guarantees for the families they create through intentional childbearing. As pioneers who have formed families in a legal vacuum, these parents harbor deep hopes for what law will offer but simultaneously doubt that legal reforms will guarantee the rights and recognition they desire. For lesbian co-mothers, law and family are mutually constitutive practices oriented toward both the present and the future. Co-mothers make decisions about childbearing and family formation that take into account existing legal frameworks for family recognition, but their strategies for recognition also orient them toward future potentialities, posing the challenge of how to make decisions in the present without knowing for certain what might be legally possible in the future. The article concludes that lesbian co-mothers’ family strategies are productive as much as they are reactive; they not only diversify the norm but also potentially shift the very ground on which normativity is created.