In a sudden policy reversal, the government on Thursday said it would allow same-sex couples with one Taiwanese and one foreign national to register their marriage even if the foreign partner is from a jurisdiction that does not recognize same-sex unions.
In a directive to all local governments, the Ministry of the Interior said a previous practice that excluded such couples was discriminatory against them and contradicted the law on which same-sex marriage is based.
Taiwan in May 2019 became the first country in East Asia to legalize same-sex marriage following the enactment of the Act for Implementation of Judicial Yuan Interpretation No. 748 (司法院釋字第748號解釋施行法).
Photo courtesy of TAPCPR
Over the past four years, however, same-sex couples that include one partner from a country or region that does not recognize same-sex marriage have been barred from officially tying the knot in Taiwan. Household registration offices across the country have rejected applications for marriage registration by such couples based on a directive issued by the ministry in July 2019.
The directive cited Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (涉外民事法律適用法), which stipulates that the formation of a marriage is governed by the foreign partner’s home country.
Affected cross-national same-sex couples have challenged the rule, mostly with the pro bono support of the Taiwan Alliance to Promote Civil Partnership Rights, by suing household registration offices that rejected their marriage registrations.
Since March 2021, the Taipei High Administrative Court has ruled in favor of all five cross-national same-sex couples, involving partners from Hong Kong, Japan Malaysia, Macau and Singapore, who filed lawsuits over their rejected marriage registrations.
In three of those cases, the court overrode the ministry’s directive and instead based its ruling on Article 8 of the same act, which stipulates that the law of a foreign country shall not be applied if it results in “a violation of the public order or boni mores of the Republic of China.”
Despite those rulings, the ministry said they were isolated cases and that it was legally bound to continue rejecting the registration of marriages by certain cross-national same-sex couples in accordance with Article 46.
However, the ministry’s directive issued on Thursday, which took effect immediately, instructed household registration offices to adopt Article 8 instead of Article 46 when cross-national same-sex couples apply to register their union.
The ministry said the change in policy is in line with a decision at a Cabinet meeting on Tuesday last week, adding that it was made because the administrative court had made “consistent” judgements on the matter in several lawsuits.
However, the ministry said that the new rule would not apply to same-sex couples involving one partner from China, which does not recognize same-sex marriage, as cross-strait marriages are governed by separate laws.
Cross-strait rules stipulate that such same-sex couples would have to register their marriage in China before they can apply in Taiwan, it said.
In a statement on Thursday night, several rights groups, including the Taiwan Alliance to Promote Civil Partnership Rights and the Taiwan Association for Human Rights, welcomed the ministry’s new rule, saying it demonstrates the Cabinet’s efforts to grant equal rights to the same-sex community.
However, they said it is regrettable that hurdles remain for same-sex couples involving a Chinese partner, adding that they would continue to urge the government to grant all same-sex couples equal rights.
LONG FLIGHT: The jets would be flown by US pilots, with Taiwanese copilots in the two-seat F-16D variant to help familiarize them with the aircraft, the source said The US is expected to fly 10 Lockheed Martin F-16C/D Block 70/72 jets to Taiwan over the coming months to fulfill a long-awaited order of 66 aircraft, a defense official said yesterday. Word that the first batch of the jets would be delivered soon was welcome news to Taiwan, which has become concerned about delays in the delivery of US arms amid rising military tensions with China. Speaking on condition of anonymity, the official said the initial tranche of the nation’s F-16s are rolling off assembly lines in the US and would be flown under their own power to Taiwan by way
OBJECTS AT SEA: Satellites with synthetic-aperture radar could aid in the detection of small Chinese boats attempting to illegally enter Taiwan, the space agency head said Taiwan aims to send the nation’s first low Earth orbit (LEO) satellite into space in 2027, while the first Formosat-8 and Formosat-9 spacecraft are to be launched in October and 2028 respectively, the National Science and Technology Council said yesterday. The council laid out its space development plan in a report reviewed by members of the legislature’s Education and Culture Committee. Six LEO satellites would be produced in the initial phase, with the first one, the B5G-1A, scheduled to be launched in 2027, the council said in the report. Regarding the second satellite, the B5G-1B, the government plans to work with private contractors
‘OF COURSE A COUNTRY’: The president outlined that Taiwan has all the necessary features of a nation, including citizens, land, government and sovereignty President William Lai (賴清德) discussed the meaning of “nation” during a speech in New Taipei City last night, emphasizing that Taiwan is a country as he condemned China’s misinterpretation of UN Resolution 2758. The speech was the first in a series of 10 that Lai is scheduled to give across Taiwan. It is the responsibility of Taiwanese citizens to stand united to defend their national sovereignty, democracy, liberty, way of life and the future of the next generation, Lai said. This is the most important legacy the people of this era could pass on to future generations, he said. Lai went on to discuss
MISSION: The Indo-Pacific region is ‘the priority theater,’ where the task of deterrence extends across the entire region, including Taiwan, the US Pacific Fleet commander said The US Navy’s “mission of deterrence” in the Indo-Pacific theater applies to Taiwan, Pacific Fleet Commander Admiral Stephen Koehler told the South China Sea Conference on Tuesday. The conference, organized by the Center for Strategic and International Studies (CSIS), is an international platform for senior officials and experts from countries with security interests in the region. “The Pacific Fleet’s mission is to deter aggression across the Western Pacific, together with our allies and partners, and to prevail in combat if necessary, Koehler said in the event’s keynote speech. “That mission of deterrence applies regionwide — including the South China Sea and Taiwan,” he
RSS