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”