Constitutional Court ruled in favor of same-sex marriage

After hearing oral arguments on the case concerning same-sex marriage brought by activist Chi Chia-wei and Taipei City Government two months ago, Taiwan’s Constitutional Court today ruled that the marriage chapter of the Civil Code, which states marriage as between “the male and the female parties,” to be unconstitutional. (Read the Court’s English press release.)

In its Interpretation 748, the Court contends that Part IV Chapter II of the Civil Code on marriage violates ROC Constitution Article 22, protecting people the freedom of marriage, and Article 7, stating all ROC citizens to be equal. The Court rules that relevant authorities must amend or enact laws within two years to protect the right of marriage for same-sex couples. However, the Court did not specify whether the parliament should amend the Civil Code, add additional articles allowing same-sex marriage, or to create a separate law allowing same-sex civil union. Continue reading “Constitutional Court ruled in favor of same-sex marriage”

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Constitutional Court heard debate on same-sex marriage

Taiwan’s Constitutional Court today heard a case brought by LGBT activist Chi Chia-wei and Taipei City Government on whether the Article 972 of the Civil Code, which states marriage as between “the male and the female parties,” is unconstitutional.

ROC Constitution, Article 7: All citizens of the Republic of China, irrespective of sex, religion, race, class, or party affiliation, shall be equal before the law.

The high court heard oral arguments from attorneys representing the petitioners as well as from the justice minister, representative from the interior ministry, and representative from the Chi’s local household registration office. Six expert witnesses, all constitutional law experts, were also selected by the 14-member court to offer their opinions on the case (one of the 15 justices recused himself). The petitioners believe that same-sex marriage should be included in the Civil Code, while the justice ministry believes that a separate law for civil partnership is more appropriate until further consensus among Taiwanese people on the issue is reached. Continue reading “Constitutional Court heard debate on same-sex marriage”