New Southbound Policy Portal

A bill proposed by the Ministry of Justice on same-sex marriage in Taiwan was approved Feb. 21 by the Cabinet, underscoring the government’s commitment to promoting freedom, human rights, and the right to marry and found a family.
 
Comprising 27 articles, the bill serves as the legal basis for same-sex couples aged 18 and older to wed. It also covers such areas as adoption, divorce, inheritance, and medical and property rights.
 
President Tsai Ing-wen said the bill reflects broad-based consensus in society on the issue and is in line with the government’s stance on protecting the traditional values of marriage. It further underscores the health of Taiwan’s democracy and the respect and tolerance of citizens for one another, she added.
 
Echoing Tsai’s remarks, Premier Su Tseng-chang said the bill is in line with a related Constitutional Court ruling in 2017, while taking into account last year’s referendum rejecting amendments to the Civil Code permitting same-sex unions.
 
Although there may still be some differences in opinion, Su said, the bill should be seen as an important first step in the right direction. All members of the society should be treated equally and with respect so Taiwan can continue developing as a diversified and sustainable society.
 
According to Judicial Interpretation No. 748 issued May 24, 2017, the provisions on marriage in the Civil Code do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the purpose of living a common life.
 
The ruling found the provisions in violation of the Constitution’s guarantees of freedom of marriage and right to equality. It also stipulated the government amend or enact relevant laws within two years from the announcement of the interpretation.
 
According to the Cabinet, the bill is set for fast-tracked legislative review and expected to take effect May 24 this year. (SFC-E)