2017-06-26 World Pride Madrid
Channel: PDIS
Date: 2017-06-27

Hello everyone, this is Audrey Tang, Taiwan’s Digital Minister.

I’m very happy to be here, virtually, to share the progress of marriage equality in Taiwan, the first place in Asia to constitutionally recognize marriage equality, through an unique collaboration between three branches of government: the Constitutional Court’s interpretation on May 24; the President’s responses; and the Administration’s work since then to prepare a bill for the Parliament.

The rulings of the Court are as follows.

At the moment, the provisions of Chapter 2 on Marriage of Part IV on Family of the Civil Code, do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the committed purpose of managing a life together.

The said provisions, to the extent of such failure, are in violation of both the people’s freedom of marriage as protected by Article 22 and the people’s right to equality as guaranteed by Article 7 of the Constitution.

The authorities concerned shall amend or enact relevant laws, in accordance with the ruling of this Interpretation, within two years from the issuance of this Interpretation.

It is within the discretion of the authorities concerned to determine the formality for achieving the equal protection of the freedom of marriage.

If relevant laws are not amended or enacted within the said two years, two persons of the same sex who intend to create the said permanent union shall be allowed to have their marriage registration effectuated at the authorities in charge of household registration, by submitting a written document signed by two or more witnesses in accordance with the said Marriage Chapter.

President Tsai Ing-wen’s statement are as follows.

The President supports marriage equality; she firmly believes that both the supporting and opposing sides place a great importance on family values.

She understands the importance that many religious groups place on the family, and she has also heard many stories from LGBT families. There is no absolute conflict between family values and marriage equality.

Therefore, the President has instructed the executive departments to draft a bill in accordance with the outcome of the Supreme Court's judgment.

The Executive branch has been meeting weekly to review the Civil Code, chaired by our Secretary-General. 

As of this recording, on June 17, five points were guaranteed for the same-sex marriage, including: the age of marriage at 18; equal application of both the formalities and restriction of marriage; that the same marital property laws apply; and clauses unfit with the nature of same-sex marriage, such “seeking divorce on ground of impotence”, may not apply.

Next week, the review meeting will focus on the general effect of marriage, including cohabitation obligations, fidelity obligations, and family names.

While we are making progress on the review, the President reminds us that the outcome of the judgment is not about winning or losing; nor is the bill its final objective.

Facing a major issue that has the potential to divide the society, the President has called for continuous dialogue; for an attitude of understanding; for inclusiveness; and for respect between the parties who do not yet share the same opinion.

The President believes that Taiwan has a mature democratic mechanism to resolve any differences — We would need to listen to people with opposing views, to find the values we share. 

Thank you, for listening.