Court hears landmark gay union case in Taiwan

Taiwan’s constitutional court heard a landmark case Friday that could make the island the first place in Asia to allow same-sex marriage.

A panel of 14 grand justices heard a debate over a disputed law that critics say is unconstitutional because it prevents unions between gay couples.

Campaigners for and against same-sex marriage gathered outside the court in Taipei, which was heavily guarded for the hearing.

Two petitions for a special interpretation of Taiwan’s constitution were presented to the court by veteran gay rights activist Chi Chia-wei and the Taipei city government, which has been receiving a growing number of requests to register same-sex marriages.

The Taipei government’s representative Liao Yuan-hao argued legally allowing gay unions would “not change the essence of marriage, but would solidify its values”.

“Society recognizes gay people have the same needs. They are normal people wanting to build normal relations and the law should include them,” he told the court.

At the centre of the case is a clause in Taiwan’s Civil Code which says an agreement to marry should be made between a man and a woman.

Authorities in Taiwan have been rejecting applications for same-sex marriages based on this clause.

The petitioners want the court to rule whether that part of the Civil Code contravenes elements in Taiwan’s constitution which guarantee equality and freedom of marriage.

But justice minister Chiu Tai-san argued the code does not violate the constitution because it does not specifically bar same-sex unions.

He also said more time needed to be taken to achieve a wider consensus on gay marriage in Taiwan.

“Abruptly changing (the law) will impact social order,” Chiu added.