The Council of Grand Justices yesterday began a session to hear a constitutional challenge concerning same-sex marriage, during which the spotlight fell mostly on Minister of Justice Chiu Tai-san (邱太三), who defended the legality of the Civil Code’s definition of marriage as being between a man and a woman.
In an unprecedented move, the debate was live-streamed. A ruling is expected within two months.
Taiwan is the first Asian nation to assent to a constitutional interpretation on the legalization of same-sex marriage.
Photo: CNA
The debate addressed two requests for an interpretation, filed by the Taipei City Government and gay rights advocate Chi Chia-wei (祁家威), who has over the past three decades sought legal recognition of his union with his partner.
The challenges mostly focus on marriage as defined in Chapter II of the Civil Code, which in Article 972, Section 1, stipulates that: “An agreement to marry shall be made by the male and the female parties in their own concord.”
Chi was the first to make his argument, followed by law professor Liao Yuan-hao (廖元豪), who represented the Taipei City Government, with both arguing that same-sex marriage is a right protected by the Constitution and that the Civil Code is unconstitutional because it does not protect homosexual unions.
Photo: CNA
The panel of 14 grand justices then heard opinions and reports from Chiu, followed by representatives of related government agencies, including the Ministry of the Interior’s Household Registration Department Director Wanda Chang (張琬宜).
After arguments were presented, a cross-examination session was held in which both sides were questioned by six court-appointed expert witnesses before the hearing ended at noon.
While a number of opinions were voiced during the hearing, Chiu’s remarks drew the most attention, particularly his insistence that a lawful marriage — based on its definition in the Civil Code and prior legal interpretations by the Ministry of Justice and the Council of Grand Justices — is limited to a union between a man and a woman.
“The Civil Code stipulates that marriage shall be between a man and a woman, and as such it is not unconstitutional. The Constitution guarantees citizens’ right to marry as that between a man and a woman, while marriage between people of the same sex is not covered under the Constitution,” Chiu said.
“For thousands of years in the nation’s history, society has instituted traditions and codes of conduct regarding marriage. Has there ever been a cultural institution or social phenomenon for same-sex marriage?” Chiu said.
“Without a doubt, there has been none,” Chiu said.
He then quoted one section of the Chinese classic I Ching (易經), also known as the Book of Changes, which reads: “With the existence of the earth and the sky, there came all living things. With the existence of the earth and the sky, there came men and women,” which he said illustrates that Chinese marriage traditions have — since ancient times — been based on a union between a man and a woman.
Chiu also suggested that same-sex marriage could destroy a number of traditional cultural and ritual observances, citing as an example the use of kao (考) and bi (妣) at funerals and memorial tablets for deceased fathers and mothers.
Three cases of Candida auris, a fungus that can cause a yeast infection known as candidiasis in humans, have been reported in Taiwan over the past few years, but they did not display drug resistance, Centers for Disease Control (CDC) Deputy Director-General Philip Lo (羅一鈞) said yesterday. Lo made the statement at a news conference in Taipei, one day after the Washington Post reported that the potentially deadly fungus is spreading in US hospitals. The fungus was first discovered in Japan in 2009 and poses a danger to immunocompromised people, with an estimated mortality rate of 30 to 60 percent, Lo
‘COINCIDENCE’: The former president should keep in mind local and global response to his actions and abide by the law to safeguard national interests, the MAC said The Presidential Office yesterday confirmed that it has received an application from former president Ma Ying-jeou (馬英九) to visit China next week and would be discussing his security detail. “As the travel restrictions on former president Ma have expired, we respect his plan to pay respect to his ancestors in China,” Presidential Office spokeswoman Lin Yu-chan (林聿禪) said. “We will review his travel plan and consult concerned agencies to assist him in arranging his security detail.” “We also hope that Ma, as a former commander in chief of Taiwan, acts in a manner that aligns with national interests and does not hurt
‘DIRE’: Taiwan would not engage in ‘dollar diplomacy,’ the Ministry of Foreign Affairs said, after China reportedly offered Honduras up to US$3 billion to establish relations The government yesterday recalled its ambassador to Honduras after the Central American nation sent its foreign minister to China, signaling that it would sever diplomatic ties with Taiwan. Suspicions concerning ties with Honduras are rife after Honduran President Xiomara Castro on Tuesday last week wrote on Twitter that her country would pursue diplomatic ties with China. Honduran Minister of Foreign Affairs Eduardo Enrique Reina traveled to China on Wednesday “to promote efforts for the establishment of diplomatic relations” on instructions from Castro, Reuters yesterday quoted Honduran presidential spokesman Ivis Alvarado as saying. The government “has decided to immediately recall the ambassador to Honduras
‘NOTHING NEW’: China should not use Tsai Ing-wen’s transits through the US as a pretext to step up aggressive activity in the Taiwan Strait, a Washington official said President Tsai Ing-wen (蔡英文) is to stop over in the US on her way to and from Central America next week, but her administration would not confirm a meeting with US House of Representatives Speaker Kevin McCarthy. Tsai’s delegation is to leave Taipei on Wednesday next week and stop over in New York City, Presidential Office spokeswoman Lin Yu-chan (林聿禪) told a news conference yesterday. Tsai is then to head to Guatemala on Saturday next week for talks with Guatemalan President Alejandro Giammattei and to meet with Taiwanese expatriates, the Ministry of Foreign Affairs said. On April 3, Tsai is scheduled to travel