After weeks of gloomy news about Taiwan’s exclusion from the annual World Health Assembly in Geneva, Switzerland, it was liberating to learn that the nation and its 23 million people took a giant step toward becoming the first in Asia to legalize same-sex marriage.
The Council of Grand Justices’ issuance of Interpretation No. 748 was welcomed with cheers and tears of happiness by same-sex marriage supporters, who started gathering outside the Legislative Yuan in Taipei hours before the ruling was announced on Wednesday afternoon.
It was also met with an outpouring of excitement on social media, many of which expressed pride in being Taiwanese.
Public sentiment was less optimistic prior to the issuance of the interpretation. People were skeptical about whether the Grand Justices would choose to follow the spirit of the times and recognize gay marriage, or do what civil servants do best — shift responsibility to another department by issuing a verdict with vague and ambiguous wording.
To many people’s surprise, the ruling not only made sure that homosexual couples would be able to get married in two years’ time at the latest, but also sent a loud message to the world that Taiwan chose to stand behind progressive values.
According to the interpretation, as the Civil Code prohibits two individuals of the same gender from “creating a permanent union of intimate and exclusive nature for the committed purpose of managing a life together,” it is in violation of both the people’s constitutionally protected freedom of marriage and their right to equality.
Article 972 of the Civil Code stipulates that a marriage should be between a man and a woman.
Although the ruling did not mandate in what manner the goal should be achieved, it called on the authorities to make legislative changes within two years, otherwise gay couples would automatically be allowed to register marriages with household registration offices and enjoy the same rights afforded by the Civil Code to heterosexual couples.
What is more encouraging are the reasons the Grand Justices gave as the basis for the ruling, which refuted arguments — most of which are blatantly discriminatory and baseless — that are frequently cited by opponents of gay marriage against efforts to officially recognize homosexual unions.
The Grand Justices argued that because it is equally essential for both homosexual and heterosexual individuals to form permanent and committed unions, allowing gay couples to get married would help the creation of a stable society, not disrupt social order and affect the rights of heterosexual couples, as some appear to believe.
The Grand Justices made two other important points: They stated that homosexuality is an immutable characteristic, rather than a reversible disorder, and that the ability, or willingness, to procreate should not be used as a pretext to ban same-sex couples from getting married, as heterosexual couples are not subject to the same prerequisite.
Despite the optimistic outlook, the next battle is already brewing in the legislature, as the interpretation left one of the most contentious points unresolved, allowing lawmakers to have full discretion when deciding whether to legalize same-sex marriage via an amendment to the Civil Code or with a new act.
In the meantime, opponents of same-sex unions have threatened to take action to have the interpretation voided, including requesting another constitutional interpretation, having the Control Yuan launch an investigation, or initiating a referendum.
Nevertheless, the challenges should be forgotten for a moment, allowing time to relish this remarkable milestone and feel proud to be Taiwanese.
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