(2) The authorities concerned shall amend or enact relevant laws, in accordance
elements 翻譯公司 living experience, and the social environment. Major medical associations
of personality and safeguarding of human dignity, and therefore is a fundamental right
Interpretation. It is within the discretion of the authorities concerned to determine
law.” The five classifications of impermissible discrimination set forth in the said
reproduce, is a different treatment having no apparent rational basis.
arguments or the decision of this case.
allowed to have their marriage registration effectuated at the authorities in charge of
Interpretation No. 362). Such decisional autonomy is vital to the sound development
once denied by social tradition and custom in the past. As a result, they have long
with the ruling of this Interpretation, within two years from the issuance of this
irrespective of sex, religion, race 翻譯公司 class, or party affiliation, shall be equal before the
obligations of both parties during the marriage and after the marriage ends.
Constitutional Court
shall be protected by the freedom of marriage under Article 22 of the Constitution .
body is to enact or revise the relevant laws in due time. Nevertheless, the timetable
opposite-sex marriage, for a stable society. The need, capability 翻譯公司 willingness and
permanent union of intimate and exclusive nature for the committed purpose of
at 4 PM on May 24, 2017.
Marriage Chapter, enactment of a special Chapter in Part IV on Family of the Civil
The rulings of the Court are as follows:
a heightened standard shall be applied.
same sex, once legally recognized 翻譯公司 will constitute the collective basis, together with
The current provisions of the Marriage Chapter do not allow two persons of the same
On the Same-Sex Marriage Case
requirement for concluding an opposite-sex marriage. Nor does it provide that a
managing a life together may 翻譯公司 pursuant to the provisions of the Marriage Chapter 翻譯公司
of marriage as protected by Article 22 and the people’s right to equality as guaranteed
discrimination. Besides, homosexuals 翻譯公司 because of the demographic structure 翻譯公司 have
(1) The provisions of Chapter 2 on Marriage of Part IV on Family of the Civil Code
a woman”, in terms of the factual backgrounds of the original cases from which they
(1) For more than three decades 翻譯公司 Petitioner Chia-Wei Chi has been appealing to
Disallowing two persons of the same sex to marry, for the sake of their inability to
Justice Jui-Ming Huang recused himself and took no part in the deliberation 翻譯公司 oral
controversial social and political issues of whether homosexuals shall enjoy the equal
Press Release
different treatment is incompatible with the spirit and meaning of the right to equality
sex to create a permanent union of intimate and exclusive nature for the committed
protection of the same freedom of marriage as heterosexuals. The representative
ethical orders, is a different treatment, also obviously having no rational basis. Such
apply for marriage registration to the authorities in charge of household registration,
relevant laws in accordance with the ruling of this Interpretation, within two years
(4) Creation of a permanent union of intimate and exclusive nature for the
Article are only exemplified 翻譯公司 neither enumerated nor exhausted. Therefore, different
opposite-sex marriage. Furthermore 翻譯公司 the freedom of marriage for two persons of the
witnesses in accordance with the said Marriage Chapter.
inability, in an objective sense, or unwillingness 翻譯公司 in a subjective sense, to procreate.
persons of the same sex who intend to create the said permanent union shall be
Republic of China (Taiwan)
Disallowing two persons of the same sex to marry, for the sake of safeguarding basic
by Article 7 of the Constitution.
includes the freedom to decide “whether to marry” and “whom to marry” (see J.Y.
the formality for achieving the equal protection of the freedom of marriage.
safeguarding of constitutional basic values such as the protection of people’s
the protection of people’s fundamental rights. It is the constitutional duty of this
process on those bills regarding same-sex marriage. This case involves the very
do not allow two persons of the same sex to create a permanent union of intimate
same-sex marriage 翻譯公司 the Constitutional Court announces the J.Y. Interpretation No. 748
On the consolidated petitions of Huei-Tai-12674 filed by Chia-Wei Chi and
unions of intimate and exclusive nature are equally essential to homosexuals and
development of personality and safeguarding of human dignity. Both types of union
also be governed by the right to equality under the said Article.
marriage will remain unaffected 翻譯公司 even if we allow two persons of the same sex to
not an essential element of marriage. The fact that two persons of the same sex are
in determining the constitutionality of different treatment based on sexual orientation,
after the announcement of this Interpretation. It is within the discretion of the
Code 翻譯公司 enactment of a special law, or other formality) for achieving the equal
have stated that homosexuality is not a disease. In our country, homosexuals were
heterosexuals, given the importance of the freedom of marriage to the sound
opposite sex. Nor will it alter the social order established upon the existing
allowed to marry each other.
arose 翻譯公司 were made within the context of opposite-sex marriage. Thus far, this Court has
(3) If relevant laws are not amended or enacted within the said two years, two
household registration, by submitting a written document signed by two or more
Court to render a binding judicial decision 翻譯公司 in time, on issues concerning the
constitutional rights and the free democratic constitutional order.
committed purpose of managing a life together by two persons of the same sex will
purpose of managing a life together. This is obviously a gross legislative flaw. To such
meaning of the freedom of marriage as protected by Article 22 of the Constitution.
filed a dissenting opinion.
been locked in the closet and suffered various forms of de facto or de jure exclusion or
been a discrete and insular minority in the society. Impacted by stereotypes, they
by submitting a document signed by two or more witnesses. Any such two persons,
said two-year timeframe, two persons of the same sex who intend to create a
protection of the freedom of marriage for two persons of the same sex.
their legally disadvantaged status through ordinary democratic process. Accordingly,
(7) The Marriage Chapter does not set forth the capability to procreate as a
(9) The authorities concerned shall complete the amendment or enactment of
as protected by Article 7 of the Constitution.
requirements of the Marriage Chapter, as long as they are subject to the rights and
incapable of natural procreation is the same as the result of two opposite-sex persons’
(8) The basic ethical orders built upon the existing institution of opposite-sex
unable or unwilling to procreate after marriage. Accordingly, reproduction is obviously
enter into a legally recognized marriage pursuant to the formal and substantive
treatment based on other classifications, such as disability or sexual orientation 翻譯公司 shall
(10) If the amendment or enactment of relevant laws is not completed within the
longing, in both physical and psychological senses, for creating such permanent
有關同婚釋憲司法院釋字第748號诠釋摘要英文版全文以下：
not affect the application of the Marriage Chapter to the union of two persons of the
to be protected by Article 22 of the Constitution.
provisions, to the extent of such failure, are in violation of both the people’s freedom
(2) Those prior J.Y. Interpretations mentioning “husband and wife” or “a man and
for such legislative solution is hardly predictable now and yet these petitions involve
After more than a decade 翻譯公司 the Legislative Yuan is still unable to complete its legislative
The contributing factors to sexual orientation may include physical and psychological
once registered, shall be accorded the status of a legally recognized couple, and then
extent 翻譯公司 the provisions of the Marriage Chapter are incompatible with the spirit and
the legislative, executive, and judicial departments for the right to same-sex marriage.
(5) Article 7 of the Constitution provides, “All citizens of the Republic of China,
(6) Sexual orientation is an immutable characteristic that is resistant to change.
and exclusive nature for the committed purpose of managing a life together. The said
Justice Horng-Shya Huang filed a dissenting opinion in part. Justice Chen-Huan Wu
。-> 翻譯社|,-> 翻譯公司|的-> 翻譯not made any Interpretation on the issue of whether two persons of the same sex are
(3) Unspoused persons eligible to marry shall have their freedom to marry, which
authorities concerned to determine the formality (for example 翻譯公司 revision of the
have been among those lacking political power for a long time, unable to overturn
Huei-Tai-12771 filed by the Taipei City Government 翻譯公司 regarding the constitutionality of
enjoy the rights and bear the obligations arising on couples.
The main reasons of this Interpretation are as follows:
marriage is void or voidable 翻譯公司 or a divorce decree may be issued, if either party is
本篇文章引用自此: https://udn.com/news/story/6656/2482587有關翻譯的問題歡迎諮詢天成翻譯社
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