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”
Taiwan could become the first Asian country to legalize same-sex marriage. People will be gathering on Ketagalan Boulevard in Taipei, in front of the Presidential Building, today, Human Rights Day, to demonstrate the support for the bill currently in the parliament, and to show that love is a right for all.
A total of 38 MPs among the Democratic Progressive Party, Kuomintang, and New Power Party have proposed an amendment to Taiwan’s Civil Code that would legalize same-sex marriage. Marriage is currently defined in Civil Code Article 972 as between “the male and the female parties”. The amendment would remove the gender description and change it to be between “the two parties”, and adoption for same-sex couples is also likely to be legalized.
Co-Chair of the Judiciary and Organic Laws and Statutes Committee, Yu Mei-nu, is the sponsor of DPP’s version of the bill. As the bill has received the required 15 MP signatures, it will be first sent to the Procedure Committee and the full legislative floor for first reading before being referred to the Judiciary and Organic Laws and Statutes Committee. If the bill passes through committee deliberation, then it will be sent back to the full Legislative Yuan for a second article-by-article reading, examination, and debate. Passing that, a third reading of the bill will correct any wording mistakes and contradiction, and the bill could be voted to become law. Continue reading “MPs propose same-sex marriage bill”