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Taiwan constitutional court issues decision on marriage equality

by Daniel Chen and Michael Fahey

Taiwan’s constitutional court today issued Interpretation 748 holding that Book IV Chapter II (marriage) of the Taiwan Civil Code is unconstitutional to the extent that it does not permit same-sex couples to enter into a permanent, exclusive, and intimate relationship in violation of Articles 22 (freedom of marriage) and Article 7 (right to equality before the law) of the Taiwanese Constitution.

The court gave the Taiwan Legislature two years to amend the current Civil Code or enact a new law consistent with Interpretation 748. While the court deferred to the Legislature to decide what form equal protection for marriage freedom should take, it also set a time limit for legislative action.  If the Legislature fails to take action within the next two years, same sex couples can register their marriages under the existing Civil Code.

 

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