India’s proposed overhaul of its foreign funding law could put LGBTQ+ organizations that depend on overseas donations under new pressure. 

Introduced in the Lok Sabha, the lower house of Parliament, on March 25, the Foreign Contribution (Regulation) Amendment Bill, 2026, or FCRA, would give a government-designated authority control over foreign funds, and assets when an organization loses or surrenders its registration.

The Foreign Contribution (Regulation) Amendment Bill returned to the spotlight this month as the Indian government prepared to seek its passage during Parliament’s Monsoon Session; drawing fierce opposition from political parties, civil society groups and religious organizations.

The government says the bill is intended to address gaps in the management of foreign funds and assets when an organization’s FCRA registration is cancelled, surrendered, or expires. The Foreign Contribution (Regulation) Amendment Bill, 2026, would create a Designated Authority to oversee the vesting, supervision, management, and disposal of foreign contributions and assets when an organization’s FCRA registration is cancelled, surrendered , or ceases. If a vested asset is a place of worship, the authority would be required to preserve its religious character. The FCRA would also reduce the maximum prison term for violating the law from five years to one year.

The changes could also make it difficult for organizations to leave the FCRA regime without surrendering assets created with foreign funds. Under the bill, an organization would have to keep renewing its FCRA certificate to retain those assets. FCRA rules also impose spending requirements on organizations seeking to maintain their certificates.

The bill may also create a distinction between assets created by organizations with FCRA registration and those created through the separate prior-permission route.

More significantly, neither the existing law nor the bill provides an appeal mechanism when the central government refuses to renew an FCRA certificate. They also do not expressly require the organization to be given an opportunity to be heard before renewal is denied. Under the proposed framework, such a denial could trigger the vesting of the organization’s foreign-funded assets in the Designated Authority.

The bill would also widen the circle of people who could face consequences for an organization’s FCRA violations. 

Its definition of “key functionary” extends beyond directors and office bearers to trustees, governing-body members, managing-committee members and others responsible for an organization’s affairs. Those functionaries could be held liable for offenses committed by the organization, unless they can show that they were unaware of the violation or had exercised due diligence to prevent it. The FCRA bill would also impose restrictions on dealing with foreign-funded assets during a suspension and leave several important operational details — including timelines and procedures for managing and returning assets — to rules that have yet to be prescribed.

Parliament on Aug 12 moved to refer the FCRA bill to a parliamentary committee for further scrutiny and wider consultations. 

Minister of State for Home Nityanand Rai moved the motion in the Lok Sabha, to refer the bill to a committee comprising 21 members of the lower house and 10 members of the Rajya Sabha, Parliament’s upper house. 

The Rajya Sabha subsequently approved the nomination of its 10 members to the committee. The panel is expected to submit its report by the last day of the first week of Parliament’s Winter Session.

The proposed changes could have significant implications for LGBTQ+ organizations that rely on the FCRA framework to receive foreign contributions. (The global LGBTQ+ and intersex rights movement since the Trump-Vance administration took office in 2025 has lost nearly $50 million in U.S. funding because of foreign aid cuts. One source with whom the Los Angeles Blade spoke described the funding loss as a “catastrophe” for the global movement.)

While the government does not appear to have published an easily accessible, consolidated list of LGBTQ+ organizations receiving such funding, FCRA registration records and organizations’ financial disclosures indicate that foreign contributions have supported LGBTQ+ rights, healthcare, and community services in India.

K.C. Venugopal, general secretary of the opposition Indian National Congress, told reporters his party and other opposition parties would strongly protest the legislation if it were introduced in Parliament. He said the bill was aimed at targeting minorities and NGOs and vowed that the opposition would oppose its passage.

Venugopal called the proposed legislation “unconstitutional and anti-people.” 

“If the Central Government thinks they can cook up and introduce the Foreign Contribution (Regulation) Amendment Bill within these two or three days, they should keep that wish to themselves,” he told reporters in Alappuzha, Kerala, on Aug. 9.

“Three provisions worry LGBTQ+ organizations like ours most directly,” said Souvik Saha, founder of People for Change and Jamshedpur Queer Circle. “First, the 2026 bill would let a government-appointed ‘Designated Authority’ take control of an organization’s foreign-funded assets— bank balances, equipments, sometimes even property— the moment its FCRA registration is cancelled, surrendered, or simply not renewed, and this happens through an administrative process, without prior judicial adjudication. For a small community organization, that means losing everything we have built — case files, shelter infrastructure, helpline equipment — almost overnight, with no court hearing first.”

Saha told the Blade the revised FCRA Rules announced in June introduced a minimum spending threshold: organizations must spend at least $10,449 in foreign contributions over two financial years or risk cancellation and non-renewal of their registration.

“This specifically penalizes small and grassroots groups that deliberately keep their foreign funding modest — which describes most LGBTQ organizations in India, including ours,” said Saha. “We are not running core-scale budgets; we are running helplines, safe spaces, and district-level outreach on modest grants.”

Saha told the Blade that the ban on sub-granting, carried over from the 2020 amendment, means larger, well-established rights organizations cannot pass foreign funds to smaller, unregistered LGBTQ+ collectives that could not obtain FCRA registration themselves. He said rights groups have long described the restriction as a near “death knell” for hundreds of small nongovernmental organizations that work collaboratively with larger organizations, adding that LGBTQ+ groups outside major metropolitan areas depend heavily on such funding arrangements.

“Domestic funding for LGBTQ work in India is still thin, CSR (Corporate Social Responsibility) money avoids us because we are seen as ‘controversial,’ and most Indian foundations would not touch gender-identity programming,” Saha said. “So foreign funding is not a convenience for organizations working with the transgender and LGBTQ community, it is often always funding.”

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key were on assignment in the Netherlands from July 28-Aug. 10.

AMSTERDAM — The first openly gay man elected to the Thai Senate says the law that extended marriage rights to same-sex couples in Thailand has positively impacted his country’s global image.

“It totally changed how the world perceived Thailand,” Sen. Pornchai Witayalerdpan told the Los Angeles Blade on Aug. 7 during an interview at the World Pride Human Rights Conference in Amsterdam.

Thailand on Jan. 23, 2025, became the first country in Southeast Asia to allow same-sex couples to legally marry.

The marriage equality bill received final legislative approval in June 2024 when the Senate approved it by a 152-130 vote margin. King Maha Vajiralongkorn signed it a few months later. Then-Prime Minister Prime Minister Paetongtarn Shinawatra is among those who supported the law.

Witayalerdpan was a freelance interpreter before he took office in July 2024.

The independent senator noted Thailand’s marriage equality movement began to gain traction with a lawsuit that the Foundation for Sexual Orientation and Gender Identity Rights and Justice, a Thai advocacy group, filed.

The Constitutional Court in 2021 upheld a law that defined marriage as between a man and a woman. MP Tunyawaj Kamolwongwat of the Move Forward Party later introduced the marriage equality bill that became law.

“It was a coalition of efforts between the civil society organizations, the LGBTQ organizations, and also the Pride movement in Thailand,” Witayalerdpan told the Blade.

Taiwan in 2019 became the first country in Asia to extend marriage rights to same-sex couples.

The Nepalese Supreme Court in June issued a landmark ruling that ordered the country’s government to guarantee full marriage rights to same-sex couples.

The Japanese Supreme Court in March said it will consider six marriage equality lawsuits that have been filed in the country. The Indian Supreme Court in 2023 ruled against marriage rights for same-sex couples. South Korea is among the other Asian countries in which marriage equality efforts are gaining momentum.

Witayalerdpan said Thailand’s marriage equality law could have a direct impact in Japan, which is the only G7 country that does not legally recognize same-sex couples.

“It’s been nothing but a positive effect (in Thailand) after the same-sex marriage law (took effect),” he said.

InterPride, the organization that coordinates World Pride events, has announced Bangkok and Barcelona, Spain, are the two finalists to host the biennial event in 2030. (World Pride took place in D.C. in 2025.)

Witayalerdpan told the Blade that World Pride in Bangkok would further improve Thailand’s global image. He also said his fellow lawmakers, in turn, should pass LGBTQ+ rights bills — including proposals that would allow transgender people to legally change their name and gender and enable same-sex couples to have children via surrogates from in vitro fertilization. Witayalerdpan noted the most important bill to him is one that would strengthen Thailand’s LGBTQ+-inclusive nondiscrimination law that took effect in 2015.

Impact of US funding cuts has ‘been very hard’

Witayalerdpan also offered advice to activists in the U.S. and elsewhere around the world.

“Keep on pushing forward,” he told the Blade. “I know that it’s hard for activists in Thailand as well.”

Witayalerdpan acknowledged the loss of U.S. government funding since the Trump-Vance administration took office — which has forced advocacy groups in Asia and elsewhere around the world to close — has “been very hard.” Witayalerdpan noted the global LGBTQ+ and intersex rights movement in response to these cuts has turned to the European Union, the U.K., Canada, and the Netherlands to help fill the gap.

“It’s very good that these countries are providing more funds to the activists in Asia than before because of the Trump situation,” he told the Blade. “It can increase their soft power as well.”

Witayalerdpan said American activists should “wish for a positive result in the mid-term elections.”

“Then there is some resistance,” he added.

Witayalerdpan specifically highlighted efforts to fight against the Trump-Vance administration’s efforts to restrict gender-affirming healthcare.

A federal court in Massachusetts on Aug. 15 struck down a key provision of a U.S. Department of Health and Human Service rule that would have limited access to gender-affirming care under the Affordable Care Act. Maryland and California are two of the 21 states that sued the Trump-Vance administration over the issue.

“You have to show more resistance … to show that we are still here and we will push back when we can,” said Witayalerdpan.

A Russian LGBTQ+ advocacy group on Monday announced it will shut down after a court declared it an “extremist” organization.

A St. Petersburg court in April in response to a Russian Justice Ministry lawsuit made the declaration against the Russian LGBT Network.

“For many years, Russian LGBT Network brought together initiatives and activists and supported queer people across the country,” said the advocacy group on its Facebook page. ” However, its ‘extremist’ status has made the previous public format of its work impossible: any connection to the organization may create additional risks for the people we seek to support and protect.”

The Russian LGBT Network formed in 2006.

The group on its Facebook page said it “made this decision” to close “after a thorough assessment of the risks.”

“Continuing our public activities could have put at risk those who took part in the organization’s work, supported it, or received assistance,” said the Russian LGBT Network. “We cannot control the repressive environment, but we can do everything possible to avoid creating additional risks for people. People’s safety comes first.”

The Kremlin over the last decade has faced global criticism over its crackdown on LGBTQ+ rights.

The Russian Supreme Court in 2023 ruled the “international LGBT movement” is an extremist organization and banned it.

Russia in January designated ILGA World, a global LGBTQ+ and intersex rights group, as an “undesirable” organization. ILGA World in response to the designation noted Russians who are found guilty of engaging with “undesirable” groups face up to six years in prison.

Human Rights Watch in May noted the Russian LGBT Network is one of nine LGBTQ+ groups that Russia this year has banned after authorities deemed them “extremist.”

“Russian LGBT Network may close; but dignity, solidarity, and people’s right to be themselves cannot be destroyed,” said the Russian LGBT Network in its statement. “Take care of yourselves.”

AMSTERDAM — Tens of thousands of people on Saturday participated in the World Pride March in Amsterdam.

Outright International Executive Director Maria Sjödin and Paolo Rondelli, who in 2022 became the world’s first openly gay head of state when he became Captain Regent of San Marino, are among those who participated alongside Massachusetts state Rep. Jack Lewis and Olena Shevchenko, chair of Insight, an LGBTQ+ advocacy group in Ukraine, and others.

Members of D66, the centrist Dutch political party that Prime Minister Rob Jetten heads, also marched.

Jetten in February became the Netherlands’ first openly gay prime minister. He participated in the opening of the World Pride Human Rights Conference on Aug. 5 and spoke on a panel with Rondelli, former Irish Prime Minister Leo Varadkar, and other gay and lesbian current and former heads of government.

(Washington Blade video by Michael K. Lavers)

(Washington Blade video by Michael K. Lavers)

The march took place a week after hundreds of thousands of people lined Amsterdam’s canals for the city’s annual Amsterdam Pride Canal Parade.

A terrorist attack at Berlin’s Christopher Street Day on July 25 left one person dead and more than two dozen others injured.

The incident overshadowed World Pride, which began hours earlier and ended on Saturday.

Dutch authorities increased security measures in the aftermath of the July 25 attack. No incidents were reported during World Pride.

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key will be on assignment in Amsterdam until Aug. 10.

AMSTERDAM — Dutch Prime Minister Rob Jetten on Friday said more needs to be done to defend transgender people and their rights.

“Everywhere in the Western world, it’s definitely the group that’s the most vulnerable in the moment and it’s rather well-picked also by our advisories,” he said during a panel at the World Pride Human Rights Conference in Amsterdam that Ying Xin and Diego García Blum of Global LGBTQI+ Human Rights Program at the Harvard Kennedy School’s Carr-Ryan Center for Human Rights Policy moderated. “They’ve chosen the smallest group within our broader community (trans people) to attack them, to ensure that we can strip their rights and if they’ve done with that, they’ll go after the next group within our community, so we shouldn’t be naïve about what’s behind it.”

“It’s very well-funded. It’s very well-organized and we have to organize as well to fight back and to win this fight,” added Jetten. “We also need to be more open in conversations that we are having within the community and also dive into it much deeper and maybe even have more difficult and annoying conversations.”

Jetten in February became the Netherlands’ first openly gay prime minister.

He appeared on the panel alongside former Irish Prime Minister Leo Varadkar, who in 2017 became his country’s first openly gay head of government, and former San Marino Captain Regent Paolo Rondelli, who was his country’s ambassador to the U.S. from 2007-2016.

Several other current former heads of government who are gay or lesbian also participated in the panel. They include former Icelandic Prime Minister Jóhanna Sigurðardóttir, former Luxembourgish Prime Minister Xavier Bettel, and Andorran Prime Minister Xavier Espot Zamora. California Congressman Mark Takano, who chairs the Congressional Equality Caucus, and LGBTQ+ Victory Fund CEO Evan Low were among those who attended.

Jetten in his remarks said he was “very surprised” to learn that “not only in the U.S. but also in some European countries that we’ve let them decide what the gay group looked like.” The Dutch prime minister further pointed out that conservatives began “to attack the debate on toilets or starting this debate about trans people in Olympic games.”

“That is, of course, a ridiculous debate to start, but we’ve got distracted because we were so busy having this debate on Olympians, and then we actually forgot the real fight was about access to healthcare, just being yourself, being able to enlist in the army, or being able to be a young trans boy or girl in school,” said Jetten. “We got distracted by some fresh meat that was thrown into the area by some very conservative people.”

“We have to open our eyes and have very in-depth conservations within our community, and come up with a much better strategy to win this fight and to protect all our trans brothers and sisters, dolls, whatever,” he added. “Because if we don’t win this fight for trans people, we’re going to lose the bigger fight for all LGBTQ people in the world.”

Varadkar noted Ireland in 2015 passed a law that allows people to legally change their gender without surgery or other medical interventions.

He conceded there was “a liberal wind blowing across the world at the time, and it was largely uncontested.”

“It would be harder now, quite frankly, to do that legislation,” said Varadkar.

Scottish lawmakers in 2022 passed the Gender Recognition Reform Bill, which lowered the age for anyone to legally change their gender without medical intervention from 18 to 16. Then-British Prime Minister Rishi Sunak’s government later blocked the measure from taking effect.

The U.K. Supreme Court in 2025 ruled the legal definition of a woman under the country’s Equality Act is limited to “biological women.” Author J.K. Rowling is among those who praised the decision that stemmed from a case that challenged the Scottish government’s decision to include trans women in its definition of women when it sought to increase the number of women on government boards.

The Trump-Vance administration on Jan. 20, 2025, the first day it was in office, issued a sweeping executive order that, among other things, declared the federal government would only recognize two genders: male and female. The White House earlier this year in its counterterrorism strategy said it “will also prioritize the rapid identification and neutralization of violent secular political groups whose ideology is anti-American, radically pro-transgender, and anarchist.”

“We have to stay united,” said Rondelli. “The strategy was, since the beginning, was a Nazi strategy to create groups, target groups, and to create maximum distractions to avoid discussion about some sort of policies.”

“Trans people are the target at the moment,” he added. “But after them it will probably be some others, so we have to stay united.”

Boris Dittrich, the Dutch Senate’s First Vice President and a member of Jetten’s D66 party who was previously global advocacy director for Human Rights Watch’s LGBTQ Rights Program, at the end of the panel asked about protecting intersex babies from what advocates maintain are unnecessary surgeries.

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key are on assignment in Amsterdam through Aug. 10.

AMSTERDAM — Dutch Prime Minister Rob Jetten on Wednesday opened the World Pride Human Rights Conference in Amsterdam.

Jetten — who in February became the country’s first openly gay prime minister — began his remarks with an acknowledgment that the July 25 terrorist attack at Berlin’s Christopher Street Day that left one person dead and more than two dozen others injured “filled me with anger and sorrow.”

He started to speak after a group of activists began to shout at him over his government’s position on Palestine — the International Criminal Court, which is based in The Hague, has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Hamas leaders in connection with crimes against humanity it says they committed in the Gaza Strip and Israel after Oct. 7.

Jetten stood silently and allowed them to protest before security personnel removed them from the room.

 

View on Threads

Jetten in his speech acknowledged this year marks 25 years since the Netherlands became the first country to extend marriage rights to same-sex couples. He also pointed out 2025 marks Amsterdam Pride’s Canal Parade‘s 30th year.

“More and more in recent years, we’ve seen hard won progress being eroded,” conceded Jetten. “We’ve seen countries backsliding in equal rights legislation. We’ve seen homophobic hate speech becoming more overt and aggressive, and not only out in the real world, but online as well.”

Jetten pointed out “online hatred is one of the biggest threats facing the LGBTQIA+ people today.”

“All around the world … misinformation and disinformation can be spread in the blink of an eye with a single mouse click, reaching much further and much faster than NGOs, youth workers and health organizations can,” he said. “This is always how hatred takes hold. First in the shadows, outside the spotlight of society, underestimated by everyone, until, having grown into a many headed monster, it crawls out of the darkness.”

Jetten said his government this fall will launch “a social dialog on online discrimination and offering specific guidance on action to take.” This will include “training courses for municipalities and civil society organizations to help them deal with online hate speech.”

His government over the next three years will invest €7.5 million each year “in improving the safety of the queer community in our cities with an alliance of organizations committed to safety, both in the public space and in the workspace for LGBTQI+ people, and with a public information campaign to combat discrimination and disinformation.” Jetten also said the government will promote a campaign in Dutch schools that encourages students and teachers to wear purple as a way to show their support for the LGBTQ+ community.

’Equal rights are not a Western agenda’

Jetten in his speech also singled out “conservative forces” in Uganda, Senegal, and in other countries who are framing LGBTQ+ rights “developments as a neocolonial Western agenda.”

“Under the pretense of resisting so-called Western moral decadence, horrendous laws are enacted and promoted, laws that put the rights of free people under severe pressure,” he said. “But in reality, many communities in these countries have a long history of diversity and freedom, and the laws that impose the restrictions were in fact put in place by the colonial powers.”

“No matter how hard those conservative forces try to pull the wool over people’s eyes, queer communities around the world know that equal rights are not a Western agenda,” added Jetten. “They are first and foremost a human agenda.”

Amsterdam Mayor Femke Halsema and Nayyab Ali, co-chair of the Ending Violence Against Women and Girls Alliance Pakistan, are among those who also spoke on Wednesday. Lady Phyll, co-founder of UK Black Pride, and Camiel Welling, supervisor of the Amsterdam Trans Clinic, are co-hosting the conference that ends Friday.

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key will be on assignment in the Netherlands through Aug. 10. They will be covering World Pride in Amsterdam.

AMSTERDAM — Madonna and 6,000 of her closest friends celebrated World Pride at Amsterdam’s AFAS Live concert hall early Sunday morning. I was fortunate enough to be one of them.

Madonna last Wednesday nearly broke the internet when she said on social media in Dutch that “I got somethin’ I wanna talk about,” referring to an opening line in “Danceteria,” one of the tracks on her “Confessions II” album that has received rave reviews since its July 2 release. The track has been on near constant replay on my playlist since I first heard it.

👀 pic.twitter.com/TeuHcUzNt9

— Madonna (@Madonna) July 28, 2026

MISTR — a telehealth platform that offers free access to PrEP, Doxy PEP, STI testing, and long-term care that has organized Madonna’s Club Confessions shows in the U.S. and the U.K. — later confirmed the rampant speculation. I woke up on July 30 to an email in my inbox from MISTR and the World Pride Music Festival PR team that said I was on the press list.

Madonna was indeed going to headline the World Pride Music Festival that Jake Resnicow and Insomniac produced, and I was going to be there. OMFG!!!!

The gay icon had one more surprise in store.

The Dutch internet on Saturday once again broke over speculation that Kylie Minogue was going to appear alongside Madonna. I was getting ready to leave our hotel in Amsterdam on Saturday night when I saw a video of the two of them together.

“Madonna is now teasing Kylie Minogue on her social media … she may be one of her ‘special guests’ tonight,” I wrote in a text to Washington Blade Editor Kevin Naff at 8:46 p.m.

“Have fun! This is turning into the gayest concert ever,” he responded.

I arrived at AFAS Live shortly before 11 p.m. My press contact walked me and two other Dutch journalists into the venue’s cavernous main room known as the Black Box. We made small talk for a few minutes before I started to walk around and listen to Josh Harrison who was on the decks.

Madonna was scheduled to take the stage at 1:30 a.m., but she is known for being late — she is Madonna and she does what she wants. Hayla, a British singer, and Bebe Rexha are among those who performed ahead of Madonna. Thousands of sweaty men — including a group of Australians next to me who were eagerly awaiting Kylie’s anticipated appearance — packed the Black Box and were dancing, anticipating what was to come.

MISTR CEO Tristan Schukraft at one point came on stage and declared Madonna was indeed in the building. The moment for which we were all eagerly waiting finally came shortly before 2:30 a.m.

“Mother is here and this is gay heaven,” said Madonna when she took the stage.

Stuart Price, who produced her “Confessions on a Dance Floor” album in 2005, manned the decks during Madonna’s set.

She opened it with “I Feel So Free” from “Confessions II.” Madonna then sang “Bring Your Love” and “Danceteria” to which this reporter — and everyone else — sang along.

Madonna then teased a surprise before she began to perform “Love Sensation.” Kylie soon appeared on stage. It was nearly too much for my fellow partygoers from Australia. It was indeed the gayest concert ever!

Madonna and Kylie performed “Love Sensation” together. They then sang “Hung Up” and “Sorry” from “Confessions on a Dance Floor” to round out the set that ended shortly after 3 a.m.

Madonna and I share the same birthday — Aug. 16 — and I would like to think she and Kylie gave me an early birthday present. In all seriousness though, it was an amazing night for me and for everyone else who was fortunate enough to be there.

“On the dance floor I feel so free,” says Madonna in the opening of “I Feel So Free.”

For those few precious hours at AFAS Live I did not think about the Trump-Vance administration and the myriad ways it is destroying the U.S. I did not think about the National Guard troops deployed to D.C. I did not think about the pointless wars that continue to ravage Ukraine and other countries around the world. I simply lost myself on the dance floor and celebrated an icon who has always stood with my community.

Thank you, Madonna.

Poland’s top court this week rejected the recognition of same-sex marriages legally performed in other EU countries.

The EU Court of Justice in Luxembourg last November ruled in favor of a same-sex couple who challenged Poland’s refusal to recognize their German marriage. Poland’s Supreme Administrative Court in March reaffirmed the decision.

The couple, who lives in Poland, brought their case to Polish courts in 2019. The Supreme Administrative Court referred it to the EU Court of Justice.

The Polish government in May announced it will recognize same-sex marriages legally performed in other EU countries. Polish President Karol Nawrocki on July 17 vetoed bills that would have extended rights to same-sex couples.

The Constitutional Tribunal ruling, which it issued on July 28, was unanimous and final. It also sets up a potential clash between it and the EU Court of Justice.

More than four years after Taiwan began formally studying legislation to overhaul its legal gender recognition system, and despite repeated recommendations from international human rights experts, the government has yet to introduce a bill that would replace decades-old administrative rules governing how transgender people can change the gender marker on official documents.

On May 15, an independent international review committee examining Taiwan’s implementation of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights urged the government to enact legislation governing legal gender recognition. The committee said Taiwan’s continued reliance on an administrative order, despite a 2023 Supreme Administrative Court ruling that mandatory gender-affirming surgery violates constitutional rights, has created legal uncertainty for transgender people, administrative authorities and judges.

In Taiwan, legal gender recognition has long been governed by a 2008 Interior Ministry administrative directive rather than legislation. 

Under the directive, applicants seeking to change the gender marker on their national identification documents are generally required to provide diagnoses of gender dysphoria from two psychiatrists and proof that they have undergone gender-affirming surgery. For trans men, this typically involves the removal of the breasts, uterus, and ovaries, while trans women generally must undergo the removal of the penis and testicles. Because these requirements are established through an administrative directive rather than a law enacted by the legislature, trans rights activists and human rights organizations have argued they violate human rights.

Although Taiwanese courts have increasingly allowed trans people to change the gender marker on their official documents without undergoing gender-affirming surgery, the Interior Ministry’s 2008 directive requiring surgery remains in force. As a result, Taiwan’s administrative rules and judicial decisions are no longer fully aligned.

In a landmark ruling in May 2024, the Taipei High Administrative Court ordered a household registration office to approve a trans man’s application to change the gender marker on his household registration without requiring gender-affirming surgery. The court held that the Interior Ministry’s 2008 administrative directive, which requires applicants to submit proof of surgery, cannot be treated as an absolute prerequisite for legal gender recognition. Instead, it found that the applicant had provided sufficient medical evidence of a stable and long-standing gender identity and that denying the application solely because he had not undergone surgery was unlawful.

The Executive Yuan began work on legislation in April 2020, when it decided to commission an academic study examining international legal gender recognition systems rather than immediately drafting a law. 

The government subsequently commissioned Shih Hsin University to prepare a report reviewing foreign legal models and developing legislative recommendations, including a bill. Since 2022, the Executive Yuan has held a series of inter-agency meetings involving multiple ministries to consider the study’s recommendations and legislation governing legal gender recognition, though no bill has yet been enacted.

In September 2023, Taiwan’s Supreme Administrative Court set aside a lower court ruling that had upheld the Interior Ministry’s refusal to change a trans person’s legal gender without proof of surgery and ordered the case to be reheard. 

The court held that the ministry’s 2008 administrative directive requiring surgery could not be treated as the controlling legal standard because it lacked a clear statutory basis and implicated constitutional protections, including bodily autonomy and personality rights. Rather than treating surgery as an automatic prerequisite, the court instructed the lower court to determine whether the applicant had established a stable gender identity based on the evidence presented.

“From our perspective, the primary goal should be lowering the barriers to legal gender recognition, particularly by abolishing the mandatory surgery requirement,” the Taiwan Tongzhi (LGBTQ+) Hotline Association, a nonprofit LGBTQ+ advocacy and support organization founded in 1998, said in an email to the Los Angeles Blade.

The Taiwan Tongzhi (LGBTQ+) Hotline Association said several factors have stalled progress toward comprehensive legislation. 

The organization told the Blade the complexity of the issue and the lack of constructive dialogue are among the primary obstacles. It said legal gender recognition requires extensive discussion, with views differing even within the trans community itself. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that opinions also vary widely within the legislature and across Taiwanese society, while effective channels for dialogue remain lacking.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also attributed the lack of progress to what it described as a lack of political will and an over reliance on “social consensus.” 

According to the organization, the executive branch lacks the political momentum to advance legal gender recognition reforms. The Taiwan Tongzhi (LGBTQ+) Hotline Association said the Interior Ministry and other relevant agencies have often adopted a passive approach in the face of opposition from conservative groups, delaying progress by arguing that there is no social consensus or that further discussion is needed.

The Taiwan Tongzhi (LGBTQ+) Hotline Association also said progress has been hindered by what it described as a backlash following the legalization of same-sex marriage. According to the organization, groups opposed to gender equality and trans rights, including some conservative religious and anti-trans organizations, shifted their focus to trans issues after marriage equality became law. The Taiwan Tongzhi (LGBTQ+) Hotline Association said these groups have promoted fear-based narratives, including concerns about safety in public restrooms, leading many politicians to view trans rights as a politically risky issue and reducing momentum for legislative action.

“The existing system makes changing one’s legal gender marker extremely difficult. Forced surgical removal of reproductive organs imposes a heavy financial burden since it must be paid out-of-pocket, and not every trans person can afford, desires, or is medically advised to undergo organ removal,” the Taiwan Tongzhi (LGBTQ+) Hotline Association said. “Additionally, requiring psychiatric evaluations is problematic because specialized medical resources are scarce and concentrated in major cities. These obstacles severely impact transgender individuals in their daily lives.”

The Taiwan Tongzhi (LGBTQ+) Hotline Association said the continued reliance on an administrative directive rather than legislation has created systemic uncertainty for trans people. The organization said the absence of a statutory framework allows executive agencies to alter requirements without legislative oversight, leaving trans people uncertain whether future policies will become more restrictive or more permissive. The Taiwan Tongzhi (LGBTQ+) Hotline Association added that while several trans people have secured favorable court rulings since 2023, those decisions apply only to the individual cases before the courts and do not guarantee similar outcomes for others. The group also said pursuing litigation requires significant time, financial resources, and emotional investment, making it an inaccessible path for many trans people seeking legal recognition.

The Executive Yuan and the Interior Ministry did not respond to the Blade’s requests for comment.

Editor’s note: International News Editor Michael K. Lavers and Photo Editor Michael Key will be on assignment in the Netherlands through Aug. 10. They will be covering World Pride in Amsterdam.

AMSTERDAM — Madonna on Saturday will perform at World Pride in Amsterdam.

She is scheduled to appear alongside Stuart Price, Honey Dijon, and other “special guests” at the World Pride Music Festival at AFAS Live concert hall. The Amsterdam Pride Canal Parade will take place earlier on Saturday.

MISTR, a telehealth platform that offers free access to PrEP, Doxy PEP, STI testing, and long-term HIV care, is organizing Madonna’s performance.

Madonna on July 2 released her new album, “Confessions II,” to rave reviews.

She appeared at The Abbey in West Hollywood in April. Madonna in June celebrated Pride month with a pop-up performance in New York’s Times Square.

“Everyone here is a work of art,” says the World Pride Music Festival performance poster, referring to a line from “Danceteria” on “Confessions II.”