Court ruling could make Taiwan the first place in Asia to legalize same-sex marriage
TAIPEI, Taiwan — In a ruling that paves the way for Taiwan to become the first place in Asia to recognize same-sex marriage, the constitutional court on Wednesday struck down the civil code’s definition of marriage as being only between a man and a woman.
The Legislature now has two years either to amend the civil code or to enact laws addressing same-sex couples.
If the Legislature fails to pass an amendment or legislation in the next two years, same-sex couples “shall be allowed to have their marriage registration effectuated at the authorities in charge of household registration,” the court wrote in a news release.
When the ruling was announced, cheers broke out among the hundreds of supporters who had gathered outside the Legislature, monitoring developments on a big-screen television.
“Everyone is very happy,” said Woody Wang, president of Taiwan LGBT Family Rights Advocacy. “We don’t want to see the Legislature dither on this.”
Cindy Su, of the Lobby Alliance for LGBT Human Rights, said she was “excited and proud” of the court’s ruling, but also eager to see legislation passed as soon as possible. “We hope that we don’t have to wait another two years before we can get married,” said Su, whose marriage to her partner in Canada was not recognized in Taiwan.
The court’s ruling came in response to two petitions to review the current law, one brought by Chi Chia-wei, a longtime gay rights campaigner. Chi favors amending the civil code to define marriage as a union of two spouses, arguing that a separate marriage law for gays and lesbians would be unacceptable.
“For us, there is only one choice,” Chi said in an interview, adding that separate laws for same-sex couples would be “a total disaster.”
The second petition for a review was brought by the city government of Taipei, the capital, which was sued after rejecting marriage applications from same-sex couples.
The ruling of the court, formally known as the Council of Grand Justices, came as bills to legalize same-sex marriage have stalled after passing an initial reading late last year.