Taiwanese court rules in favour of gay unions

TAIWAN’S top court ruled in favour of gay marriage yesterday, a landmark decision that paves the way for the island to become the first place in Asia to legalise same-sex unions.

Crowds of supporters cheered, hugged and wept as the court said current laws preventing the practice “violated” the constitution’s guarantees of 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, with Taiwanese President Tsai Ing-wen openly supporting the campaign.

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 parliament does not make the change within two years, samesex 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”.

Hundreds of gay marriage supporters gathered outside parliament in central Taipei erupted at the news, some breaking down in tears. They stayed into the evening, despite torrential rain, ending the rally by putting rainbow filters over the torchlights of their phones and holding them in the air to create a multi-coloured display.

For Taiwan’s pioneering gay rights campaigner, Chi Chia-wei, one of the petitioners who brought the case to the constitutional court, it was the culmination of 30 years of activism.

“I’m leaping with joy like a bird,” Chi, 59, said. “I hope parliament will prioritise the bill instead of dragging it on for another two years.”

Activists around the region welcomed the ruling as calls for marriage equality gain strength in a number of countries around Asia. The decision also raised hopes in mainland China.

“Taiwan and mainland China have the same roots and culture,” said Li Yinhe, a renowned Chinese sexologist who has pressed Beijing policymakers to legalise same-sex marriage. “It suggests that Chinese society could also accept the idea of gay marriage,” she said, but added there was “a very long way” to go.