Taipei is considering an appeal to the Council of Grand Justices for a constitutional interpretation on whether the standing definition of marriage as described under the Civic Code (民法) constitutes a breach of other constitutionally protected rights, the city’s Department of Civil Affairs said yesterday.
The Ministry of Justice defines marriage as “the union of a man and woman” and cites the Civic Code in its refusal to recognize same-sex marriages.
Taiwanese rights to liberty and equality have come under increasing scrutiny following rulings on same-sex marriages in the US and other countries.
The Council of Grand Justices has not offered any interpretation on whether the definition of marriage is sufficient and within the parameters of the Constitution.
The department said that its appeal was approved on Monday by the Taipei City Government and it would be referred to the Ministry of the Interior for a second review, adding that the department expects the documents to arrive at the interior ministry sometime next week.
Separately, the department announced that starting in October, the city government would accept same-sex couples at its mass weddings.
The mass weddings presided over by the city mayor has been an event since 1973 and has seen more than 16,000 couples married.
The mass weddings had provided no exception to the “union of a man and woman” wording, which has been criticized by homosexual rights groups.
The department said that since registered marriage took the place of ceremonial marriage in 2008, mass weddings were largely symbolic and needed no restrictions on gender. It added that the regulations on attending mass weddings in Taipei City were abolished early last month by the city council.
While the city government allowed homosexual couples to register at household offices, the registrations were not legally recognized and were not included on official documents, the department said, adding however that there was an official notice that proved their status as a couple and enabled them to sign documents such as surgery agreements.
Since the government started the service on June 17 this year, 11 couples had registered, the department said.
Additional reporting by CNA
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