The Council of Grand Justices yesterday ruled that the Civil Code, which says an agreement to marry can only be made between a man and a woman, “violated” constitutional guarantees of freedom of marriage and equality.
The landmark Constitutional Interpretation No. 748 rules in favor of allowing homosexual couples to register for marriage, and grand justices have asked the legislature to amend relevant laws within two years to protect the interests of homosexuals.
If the government has not changed the law in two years, same-sex couples will be allowed to register their union at household registration offices, Judicial Yuan Secretary-General Lu Tai-lang (呂太郎) said.
Photo: Wang Yi-sung, Taipei Times
The Civil Code violates the freedom of marriage and equal rights for all citizens as guaranteed by the Constitution, Lu said.
The grand justices made the ruling after receiving two requests for a constitutional interpretation of the issue.
One request was filed by veteran gay rights advocate Chi Chia-wei (祁家威) in 2015 after his attempt to register his same-sex marriage was rejected by Taipei’s Wanhua District (萬華) household registration office in 2013 and subsequent court appeals failed.
Photo: CNA
The other request was filed by the Taipei Department of Civil Affairs in 2015, after three same-sex couples filed an administrative lawsuit against the government after their marriage registrations were rejected by the department.
Justice Huang Jui-ming (黃瑞明) abstained from the vote and took no part in deliberations, the ruling said.
Dissenting opinions were filed by Justice Huang Horng-shya (黃虹霞) and Justice Wu Chen-huan (吳陳鐶).
“Marriage is a union between a man and a woman, who live life together as an institution, which is protected by the Constitution. Making changes would involve altering social and cultural values, which should not be made by merely copying developments in other nations... Therefore, the decision to legalize same-sex marriage should be made by a referendum,” Wu said.
It is a fallacy to rule that Civil Code provisions are unconstitutional, Huang Horng-shya said.
Same-sex marriage is not a fundamental human right to be universally protected, she said.
She said that she supports legislating legal protections of civil unions for same-sex adults, but does not view a homosexual union the same way as a marriage between a man and a woman.
Among the main reasons cited for the majority decision were that prior interpretations mentioning “husband and wife” or “a man and a woman” were made within the context of heterosexual marriage.
“This court has not made any interpretation on the issue of whether two people of the same sex are allowed to marry,” the ruling said.
The Civil Code does not require the ability to procreate as a requirement for marriage and reproduction is not an essential element of marriage, the ruling said, adding that procreation should not be an essential element of marriage.
Opposition to same-sex marriage based on safeguarding social and ethical values is incompatible with the spirit and meaning of equal rights as protected by the Constitution, the ruling said.
The Judicial Yuan also issued a three-page abstract on the ruling in Chinese and English, to accompany Constitutional Interpretation No. 748, which is 24 pages long.
Legal experts said it was rare for the Judicial Yuan to issue an English-language statement of a constitutional interpretation. They see the move as an official declaration to the international media of the decision that has made Taiwan the first Asian nation to recognize same-sex unions.
In response to media queries over whether same-sex foreign nationals could register their marriage in Taiwan, Lu did not give a direct answer, but said they would have to abide by provisions in the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (涉外民事法律適用法).
additional reporting by CNA
ANNOUNCEMENT: People who do not comply with the ban after a spoken warning would be reported to the police, the airport company said on Friday Taoyuan International Airport Corp on Friday announced that riding on vehicles, including scooter-suitcases (also known as “scootcases”), bicycles, scooters and skateboards, is prohibited in the airport’s terminals. Those using such vehicles should manually pull them or place them on luggage trolleys, the company said in a Facebook post. The ban intends to maintain order and protect travelers’ safety, as the airport often sees large crowds of people, it said, adding that it has stepped up publicity for the regulation, and those who do not comply after a spoken warning would be reported to the police. The company yesterday said that
QUIET START: Nearly a week after applications opened, agencies did not announce or promote the program, nor did they explain how it differed from other visitor visas Taiwan has launched a six-month “digital nomad visitor visa” program for foreign nationals from its list of visa-exempt countries who meet financial eligibility criteria and provide proof of work contracts. To apply, foreign nationals must either provide proof that they have obtained a digital nomad visa issued by another country or demonstrate earnings based on age brackets, the Bureau of Consular Affairs said. Applicants aged 20 to 29 must show they earned an annual salary of at least US$20,000 or its equivalent in one of the past two years, while those aged 30 or older must provide proof they earned US$40,000 in
SERIOUS ALLEGATIONS: The suspects formed spy networks and paramilitary groups to kill government officials during a possible Chinese invasion, prosecutors said Prosecutors have indicted seven retired military officers, members of the Rehabilitation Alliance Party, for allegedly obtaining funds from China, and forming paramilitary groups and assassination squads in Taiwan to collaborate with Chinese troops in a possible war. The suspects contravened the National Security Act (國家安全法) by taking photos and drawing maps of key radar stations, missile installations and the American Institute in Taiwan’s headquarters in Taipei, prosecutors said. They allegedly prepared to collaborate with China during a possible invasion of Taiwan, prosecutors said. Retired military officer Chu Hung-i (屈宏義), 62, a Republic of China Army Academy graduate, went to China
UNITY MESSAGE: Rather than focusing on what Trump said on the campaign trail about Taiwan, Taipei should be willing to engage with the US, Pompeo said Taiwan plays a key role in Washington’s model of deterrence against China, former US secretary of state Mike Pompeo said in a speech in Taipei yesterday. During US president-elect Donald Trump’s first term, “we had developed what we believe was a pretty effective model of deterrence against adversaries who wanted to undermine the set of rules and values that the people of Taiwan and the people of the US hold dear,” Pompeo said at a forum organized by the Formosa Republican Association. “Succeeding in continuing to build this model will not solely rest at the feet of president Trump and his team,
RSS