Same-sex marriages in the Republic of China were legalized by the country's parliament on May 17, 2019 and concluded from May 24, 2019. Taiwan became the first state in Asia to make such a decision [1] [2] .
On May 24, 2017, the Constitutional Court ruled that same-sex couples have the right to marry and gave parliament two years to adequately amend the marriage law. On May 17, 2019, the country's parliament considered three possible bills on this topic and eventually adopted one in which same-sex unions are in the form of marriage. Same-sex couples were also granted the right to adopt the blood children of one of the spouses [1] [3] .
Content
History
In 2003, the government proposed a bill providing for marriage for same-sex couples. However, it was rejected by Parliament in 2006.
The Department of Legal Affairs in 2012 ordered a study on the legal recognition of same-sex unions in Canada, Germany and France, but after pressure from critics ordered another study on the status of same-sex relations in Asian countries to be compared [4] .
In July 2016, some lawmakers said they would submit a bill legalizing same-sex marriage by the end of 2016 [5] . On October 25, 2016, a new amendment to the Civil Code was announced that would legalize same-sex marriage. On October 29, President of the Republic of China Tsai Inwen reaffirmed its support for same-sex marriage [6] . On October 31, 2016, the Secretary General of the executive branch of the government, Chen Meiling, stated that the executive side supported same-sex marriages and that Prime Minister Lin Quan called on the Ministry of Justice to take action on this issue [7] . Two bills legalizing same-sex marriage and adoption passed their first reading in the Legislative Yuan on November 8, 2016. Both bills were immediately referred to the committee on judicial and organic laws and statutes for discussion [8] .
In early December 2016, tens of thousands of opponents of same-sex marriages staged demonstrations in the cities of Taipei , Taichung and Kaohsiung [9] . In less than a week, about 250,000 same-sex marriage supporters gathered in front of the presidential office in Taipei, urging the government to legalize same-sex marriage [10] .
On December 26, 2016, the committee completed a study and approved bills on same-sex marriage. They had to go through the second and third readings before becoming law [11] [12] .
Constitutional Court Decision (2017)
In March 2017, the Constitutional Court considered the case initiated by a gay activist (whose attempt to register the marriage with his partner in 2013 failed) and the Taipei government department in civil matters [13] .
The court made its decision on May 24, 2017, deciding that the statutory ban on same-sex marriage in the Civil Code of the Republic of China is a violation of both people's freedom to marry, protected by article 22, and the people's right to equality, guaranteed by article 7 of the Constitution [14] . The court asked Parliament to amend existing laws or enact new laws to implement the court decision, and gave it two years from the date of the ruling [15] . If the relevant changes in the legislation are not carried out within the specified period, same-sex couples will be allowed to enter into marriage using the same process as described in the chapter on marriage of the Civil Code [16] .
Parliamentary Decision (2019)
On May 17, 2019, the country's parliament voted to legalize same-sex marriage, making Taiwan the first state in Asia to adopt such a decision. The law came into force after the signature of the President of the Republic of China, Tsai Wen - the first woman elected to this post in this country [1] [17] .
Before the parliamentary vote, she tweeted :
“Good morning, Taiwan. Today we have a chance to make history and show the world that progressive values can take root in East Asian society [18] . ”
Notes
- ↑ 1 2 3 Taiwan was the first in Asia to legalize same-sex marriage . Russian service BBC (May 17, 2019). The appeal date is May 17, 2019.
- ↑ Taiwan News. Taiwan's new marriage law to be enacted on May 24 . Taiwan News. The appeal date is May 27, 2019.
- ↑ Taiwan lawmakers vote on same-sex marriage (English) . South China Morning Post (16 May 2019). The appeal date is May 17, 2019.
- ↑ Ministry to commission further study on same-sex marriages | Society | FOCUS TAIWAN - CNA RUSSIAN NEWS . The date of circulation is June 20, 2017.
- Riage Marriage Equality Could You Be Coming ? The date of circulation is June 20, 2017.
- ↑ President reiterates support for marriage equality (English) , www.ChinaPost.com.tw . The date of circulation is June 20, 2017.
- ↑ News, Taiwan . Executive Yuan formally backs same-sex marriage in Taiwan | Taiwan News , Executive Yuan formally backs same-sex marriage in Taiwan | Taiwan News . The date of circulation is June 20, 2017.
- ↑ Gay marriage vote pass first legislative reading | Politics | FOCUS TAIWAN - CNA RUSSIAN NEWS . The date of circulation is June 20, 2017.
- Ousand Thousands protest gay marriage in Taipei - Taipei Times . www.taipeitimes.com. The date of circulation is June 20, 2017.
- ↑ 250,000 turn out in Taipei for same-sex marriage (English) . The date of circulation is June 20, 2017.
- ↑ News, Taiwan . Taiwan passes major step towards gay marriage bill passes committee review | Taiwan News , Taiwan takes a major step towards committee vote | Taiwan News . The date of circulation is June 20, 2017.
- Possibility↑↑-possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility possibility：：：：： The The The The As As en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en en, The Asahi Shimbun The date of circulation is June 20, 2017.
- ↑ Taipei City to seek constitutional interpretation on gay marriage (update) | Society | FocusTaiwan Mobile - CNA English News . The date of circulation is June 20, 2017.
- -↑ Country Legal Legal Legal First First First First First First First First First Same Same Same Legal Same Same Same Same Same Legal Same Same Same Same Same, Same Same,,,,, Bu,, Bu,,, Bu , BuzzFeed . The date of circulation is June 20, 2017.
- ↑ Constitutional Court rules of favor of same-sex marriage | Politics | FOCUS TAIWAN - CNA RUSSIAN NEWS . The date of circulation is June 20, 2017.
- Rules Constitutional Court rules of favor of same-sex marriage (update) | Society | FOCUS TAIWAN - CNA RUSSIAN NEWS . The date of circulation is June 20, 2017.
- 制定 司法院 釋 字 第七 四 八號 解釋 施行 法 (Whale. (Taiwan)) (Neopr.) ? . www.president.gov.tw. The appeal date is May 27, 2019.
- ↑ Tsai Ing-wen [iingwen]. Good morning #Taiwan. It’s possible to make a difference. . [tweet] . Twitter (May 17, 2019) .