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Constitutional Court Interpretation No. 748 (Reasons allowing SSM (Sexual…
Constitutional Court Interpretation No. 748
Constitutional Rights
Article 7 Right to equality irrespective of sex
Article 22 Freedom of marriage
J.Y. Interpretation No. 362 - Whether to marry
J.Y. Interpretation No. 362 - Whom to marry
Reasons allowing SSM
Sexual orientation is of immutable characteristics and resistant to change 性傾向屬難以改變之個人特徵
SSM would not affect the application of the Marriage legislations to the union of two persons of the opposite sex
Homosexuality is not a disease
SSM would not alter social order established upon the existing opposite-sex marriage
Constitutional Rights Article 22 Freedom of marriage
SSM couples inability to reproduce have no apparent rational basis
Constitutional Rights Article 7 Right to equality irrespective of sex
Actions to be taken by authorities
Allow to have same-sex marriage registration effectuated at the authorities in charge
Authorities concerned shall amend or enact relevant laws
Dissenting opinion - Justice C.H. Wu
SSM 經由立法程序或由全國民眾透過公民投票決定之
Dissenting opinion in part - Justice H.S. Huang
醫學界之聲明，不能作為變更既有婚姻定義依據
Court favourable opinion on SSM
The need, capability, willingness and longing, in both physical and psychological senses, for creating such permanent unions of intimate and exclusive nature are equally essential to homosexuals and heterosexuals
Two persons of same sex to create a permanent union of intimate and exclusive nature for the committed purpose of managing a life together
Any such two same-sex persons, once registered, shall be accorded the status of a legally recognized couple, and then enjoy the rights and bear the obligations arising on couples