Taiwan court rules for gay marriage
Print Edition
TAIWAN’S top court yesterday ruled in favor of gay marriage, a landmark decision that paves the way for the island to become the first place in Asia to legalize same-sex unions.
Crowds of supporters cheered, hugged and wept as the court said current laws preventing the practice “violated” the freedom of marriage and equality.
It gave the government two years to implement the ruling.
Momentum has been growing behind the push for equal marriage rights. But there has also been anger among conservative groups, who have staged mass rallies against any change in the law.
The “constitutional court” said if the government does not make the change within two years, same-sex couples could register to marry regardless, based on its interpretation.
Currently Taiwan’s Civil Code stipulates an agreement to marry can only be made between a man and a woman.
“The current provisions of the marriage chapter do not allow two persons of the same sex to create a permanent union of an intimate and exclusive nature for the committed purpose of managing a life together. This is obviously a gross legislative flaw,” the court said in a statement.
The decision to allow gay marriage would bolster social stability and protect “human dignity,” it added.
For Taiwan’s pioneering gay rights campaigner, Chi Chia-wei, one of the petitioners who brought the case to the court, the ruling was the culmination of 30 years of activism.
“I’m leaping with joy like a bird,” Chi, 59, told reporters. “I hope the government will prioritize the bill instead of dragging it on for another two years.”
The other petitioner was the Taipei city government, which has been rejecting marriage applications by same-sex couples and was seeking clarification of the law.
Uther Wu, 40, said the ruling was “like a cloud being blown away.” Others felt it would put Taiwan on the map.
The ruling Democratic Progressive Party backed the ruling.
“The party is happy to see and affirm the results of the grand justices’ constitutional interpretation to guarantee and legalize same-sex marriage,” it said in a statement.
However, some campaigners fear opposing voices in the government may try to delay the process of changing the law.
Outside Taipei’s main judicial headquarters, anti-gay marriage protesters beat drums shouting “unfair justice” and “sinners.”
“The system of a husband and a wife is not unconstitutional,” said demonstrator Becky Huang. “The welfare of the majority should not be sacrificed to please a few people.”
A panel of 14 justices made the ruling — a majority of 10 was needed. Only two dissented.
The court said the physical and psychological need for permanent unions was “equally essential to homosexuals and heterosexuals, given the importance of the freedom of marriage to the sound development of personality and safeguarding of human dignity.”
It also pointed out that attempts in the government to legalize gay marriage had stalled in the past 10 years, affecting people’s fundamental rights.
Proposals to amend the Civil Code finally passed their first reading in December, but have not progressed.
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