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.
‘FORM OF PROTEST’: The German Institute Taipei said it was ‘shocked’ to see Nazi symbolism used in connection with political aims as it condemned the incident Sung Chien-liang (宋建樑), who led efforts to recall Democratic Progressive Party (DPP) Legislator Lee Kun-cheng (李坤城), was released on bail of NT$80,000 yesterday amid an outcry over a Nazi armband he wore to questioning the night before. Sung arrived at the New Taipei City District Prosecutors’ Office for questioning in a recall petition forgery case on Tuesday night wearing a red armband bearing a swastika, carrying a copy of Adolf Hitler’s Mein Kampf and giving a Nazi salute. Sung left the building at 1:15am without the armband and apparently covering the book with a coat. This is a serious international scandal and Chinese
SECURITY: As China is ‘reshaping’ Hong Kong’s population, Taiwan must raise the eligibility threshold for applications from Hong Kongers, Chiu Chui-cheng said When Hong Kong and Macau citizens apply for residency in Taiwan, it would be under a new category that includes a “national security observation period,” Mainland Affairs Council (MAC) Minister Chiu Chui-cheng (邱垂正) said yesterday. President William Lai (賴清德) on March 13 announced 17 strategies to counter China’s aggression toward Taiwan, including incorporating national security considerations into the review process for residency applications from Hong Kong and Macau citizens. The situation in Hong Kong is constantly changing, Chiu said to media yesterday on the sidelines of the Taipei Technology Run hosted by the Taipei Neihu Technology Park Development Association. With
A US Marine Corps regiment equipped with Naval Strike Missiles (NSM) is set to participate in the upcoming Balikatan 25 exercise in the Luzon Strait, marking the system’s first-ever deployment in the Philippines. US and Philippine officials have separately confirmed that the Navy Marine Expeditionary Ship Interdiction System (NMESIS) — the mobile launch platform for the Naval Strike Missile — would take part in the joint exercise. The missiles are being deployed to “a strategic first island chain chokepoint” in the waters between Taiwan proper and the Philippines, US-based Naval News reported. “The Luzon Strait and Bashi Channel represent a critical access
COUNTERINTELLIGENCE TRAINING: The ministry said 87.5 percent of the apprehended Chinese agents were reported by service members they tried to lure into becoming spies Taiwanese organized crime, illegal money lenders, temples and civic groups are complicit in Beijing’s infiltration of the armed forces, the Ministry of National Defense (MND) said in a report yesterday. Retired service members who had been turned to Beijing’s cause mainly relied on those channels to infiltrate the Taiwanese military, according to the report to be submitted to lawmakers ahead of tomorrow’s hearing on Chinese espionage in the military. Chinese intelligence typically used blackmail, Internet-based communications, bribery or debts to loan sharks to leverage active service personnel to do its bidding, it said. China’s main goals are to collect intelligence, and develop a