The Council of Grand Justices yesterday began a session to hear a constitutional challenge concerning same-sex marriage, during which the spotlight fell mostly on Minister of Justice Chiu Tai-san (邱太三), who defended the legality of the Civil Code’s definition of marriage as being between a man and a woman.
In an unprecedented move, the debate was live-streamed. A ruling is expected within two months.
Taiwan is the first Asian nation to assent to a constitutional interpretation on the legalization of same-sex marriage.
Photo: CNA
The debate addressed two requests for an interpretation, filed by the Taipei City Government and gay rights advocate Chi Chia-wei (祁家威), who has over the past three decades sought legal recognition of his union with his partner.
The challenges mostly focus on marriage as defined in Chapter II of the Civil Code, which in Article 972, Section 1, stipulates that: “An agreement to marry shall be made by the male and the female parties in their own concord.”
Chi was the first to make his argument, followed by law professor Liao Yuan-hao (廖元豪), who represented the Taipei City Government, with both arguing that same-sex marriage is a right protected by the Constitution and that the Civil Code is unconstitutional because it does not protect homosexual unions.
Photo: CNA
The panel of 14 grand justices then heard opinions and reports from Chiu, followed by representatives of related government agencies, including the Ministry of the Interior’s Household Registration Department Director Wanda Chang (張琬宜).
After arguments were presented, a cross-examination session was held in which both sides were questioned by six court-appointed expert witnesses before the hearing ended at noon.
While a number of opinions were voiced during the hearing, Chiu’s remarks drew the most attention, particularly his insistence that a lawful marriage — based on its definition in the Civil Code and prior legal interpretations by the Ministry of Justice and the Council of Grand Justices — is limited to a union between a man and a woman.
“The Civil Code stipulates that marriage shall be between a man and a woman, and as such it is not unconstitutional. The Constitution guarantees citizens’ right to marry as that between a man and a woman, while marriage between people of the same sex is not covered under the Constitution,” Chiu said.
“For thousands of years in the nation’s history, society has instituted traditions and codes of conduct regarding marriage. Has there ever been a cultural institution or social phenomenon for same-sex marriage?” Chiu said.
“Without a doubt, there has been none,” Chiu said.
He then quoted one section of the Chinese classic I Ching (易經), also known as the Book of Changes, which reads: “With the existence of the earth and the sky, there came all living things. With the existence of the earth and the sky, there came men and women,” which he said illustrates that Chinese marriage traditions have — since ancient times — been based on a union between a man and a woman.
Chiu also suggested that same-sex marriage could destroy a number of traditional cultural and ritual observances, citing as an example the use of kao (考) and bi (妣) at funerals and memorial tablets for deceased fathers and mothers.
Taiwan is projected to lose a working-age population of about 6.67 million people in two waves of retirement in the coming years, as the nation confronts accelerating demographic decline and a shortage of younger workers to take their place, the Ministry of the Interior said. Taiwan experienced its largest baby boom between 1958 and 1966, when the population grew by 3.78 million, followed by a second surge of 2.89 million between 1976 and 1982, ministry data showed. In 2023, the first of those baby boom generations — those born in the late 1950s and early 1960s — began to enter retirement, triggering
One of two tropical depressions that formed off Taiwan yesterday morning could turn into a moderate typhoon by the weekend, the Central Weather Administration (CWA) said yesterday. Tropical Depression No. 21 formed at 8am about 1,850km off the southeast coast, CWA forecaster Lee Meng-hsuan (李孟軒) said. The weather system is expected to move northwest as it builds momentum, possibly intensifying this weekend into a typhoon, which would be called Mitag, Lee said. The radius of the storm is expected to reach almost 200km, she said. It is forecast to approach the southeast of Taiwan on Monday next week and pass through the Bashi Channel
NO CHANGE: The TRA makes clear that the US does not consider the status of Taiwan to have been determined by WWII-era documents, a former AIT deputy director said The American Institute in Taiwan’s (AIT) comments that World War-II era documents do not determine Taiwan’s political status accurately conveyed the US’ stance, the US Department of State said. An AIT spokesperson on Saturday said that a Chinese official mischaracterized World War II-era documents as stating that Taiwan was ceded to the China. The remarks from the US’ de facto embassy in Taiwan drew criticism from the Ma Ying-jeou Foundation, whose director said the comments put Taiwan in danger. The Chinese-language United Daily News yesterday reported that a US State Department spokesperson confirmed the AIT’s position. They added that the US would continue to
The number of Chinese spouses applying for dependent residency as well as long-term residency in Taiwan has decreased, the Mainland Affairs Council said yesterday, adding that the reduction of Chinese spouses staying or living in Taiwan is only one facet reflecting the general decrease in the number of people willing to get married in Taiwan. The number of Chinese spouses applying for dependent residency last year was 7,123, down by 2,931, or 29.15 percent, from the previous year. The same census showed that the number of Chinese spouses applying for long-term residency and receiving approval last year stood at 2,973, down 1,520,
RSS