Taiwan Constitutional Court hears marriage equality case News
Taiwan Constitutional Court hears marriage equality case

The Taiwanese Constitutional Court [official website, in Chinese] on Thursday heard argument [press release, in Chinese] in a case seeking recognition of marriage equality. The suit had been filed [Taipei Times report] more than two years ago by gay rights activist Chi Chia-wei and requests for clarification on the state of the law had also been filed by the Taipei government. The challenge hinges on Article 972 [Taiwan Sentinel report] of the Taiwanese Civil Code, which states that, “[a]n agreement to marry shall be made by the male and the female parties in their own concord.” Minister of Justice Chiu Tai-san [official profile] urged the court to uphold the constitutionality of the article, while Chi Chia-wei argued for it to be overturned. A decision is expected to be handed down by April 5.

The subject of marriage equality has been controversial in Taiwan, and across the world, for decades and has recently been the subject of both legislative and litigation. Last December, a legislative committee in the Taiwan Parliament approved a bill that would amend the Taiwan Civil Code to allow same-sex marriage [JURIST report]. The Judiciary and Organic Laws and Statutes Committee approved a change in the Code from “male and female parties” in to “two parties,” which would allow homosexual couples to be legally wed. In November, the Parliament began work on three distinct bills [JURIST report] in support of same-sex marriage. President Tsai Ing-wen, the first female president of Taiwan, took office in May, and has expressed a desire to allow same-sex marriage. In September tens of thousands of people marched [JURIST report] in Mexico in protest of same-sex marriage, a controversial topic in the country further exacerbated by a proposal from embattled President Enrique Peña Nieto to recognize same-sex marriage. Earlier that month, the Aruban legislature voted [JURIST report] to give official recognition to same-sex couples, giving them the right to register their unions and receive the benefits granted to other married people.

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