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Cross National Same-sex Marriage in Taiwan
Introduction
Cross National same-sex marriage in Taiwan is defined as an action that two gay persons who have same sexual orientation but different nationality gat married in Taiwan. This issue is coming out through the sensation of the passing of same sex marriage law. However, due to the restrictions, different nationality causes different outcome. As a result, some people cannot get married.
Notwithstanding the situation, Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) has promoted many campaigns to support homosexual people in Taiwan. For gay people, it is believed that the promotion is cheering. Background：The development of same-sex marriage in Taiwan 1. 1980-2017: Before the Act for Implementation of Judicial Yuan Interpretation No. 748, the bill that legalizes same-sex marriage, was enacted on 24 May 2019, the related discussion has existed since the late 1980 and the appeal was advocated by LGBT groups during 2012-2019 because there was no law to guarantee either same-sex marriage or same-sex partnership. 2. 2017: The Constitutional Court first announced the Chapter 2 on Marriage of Part IV on Family of the Civil Code unconstitutional on 24 May 2017, which is called the Judicial Yuan Interpretation No.748, and that the Constitution of R.O.C. should guarantee gay couples the same right to marry. 3. 2017: According to the Judicial Yuan Interpretation No.748, the Legislative Yuan had to amend or draw up the Civil Code in two years or else the registration of such marriages would automatically come into force. Thus, Taiwan has become the first nation in Asia to guarantee same-sex marriage. 4. 2018: In 24 November 2018, the referendums resulted in preventing the recognition of same-sex marriages in the Civil Code, but the government assured that that the court ruling would still be implemented, and that the referendums could not support laws contrary to the Constitution. 5. 2019: A draft bill entitled the Act for Implementation of J.Y. Interpretation No. 748 was released on 20 February 2019, the draft bill granted same-sex married couples almost the same rights as heterosexual married couples under the Civil Code and the Executive Yuan passed it the following day. The Act for Implementation of J.Y. Interpretation No. 748 was passed by the Legislative Yuan on 17 May, signed by President Tsai Ing-Wen and finally took effect on 24 May. 6. Now: However, the new bill lacks supporting regulations that ensure transnational same-sex marriage and under the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, cross-national same-sex marriage is still partly illegal in Taiwan. That is, until now there are still some cross-national same-sex couples who can only register for civil union to become partnership and have very limited rights, but not marriage registration. Current situation Although gay marriage has legalized in 2018, cross national same-sex marriage in Taiwan is still limited by Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.46.” The formation of a marriage is governed by the national law of each party.” Thus, a foreigner would not be able to register a same sex marriage here in Taiwan if he/she comes from a country where same-sex marriage is not legalized. The only condition that transnational same-sex marriage registration would be admitted in Taiwan is when the foreign partner comes from a country where same-sex marriage is legalized. Different conditions for Same-sax marriage in Taiwan 1. Same-sex marriage with people from 27 countries where gay marriage is legalized. For same-sex couples, if one partner is from Taiwan and the other is from one of the 27 countries where same-sex marriage has been legalized. Their marriage would be admitted in both countries. 2. Same-sex marriage with people from 21 countries where gay marriage is not legalized. If the foreign partner is from countries where same-sex marriage has not been legalized, the marriage registration would be rejected. 3. Same sex marriage with people from countries which interview before entry is required by Taiwan’s regulation. The couples have to make marriage registration in the foreign partners’ countries and apply for interviews with the application documents first. If the interview has passed, the marriage would be recognized as legal and official. While none of the 21 countries that interview before entry is required has not legalized same-sex marriage. Which means that for couples that one of them is from these 21 countries, marriage in Taiwan is impossible. 4. As for couples that the partner is from China, according to Act Governing Relations between the People of the Taiwan Area and the Mainland Area No52, marriage between people from two areas is based on locus regitactum. This way, same-sex couple should be able to marry in Taiwan. However, partners from the Mainland area are also asked to register in their hometown and apply for the interview at the airport with the document first. For those transnational same-sex couples who are not eligible for marriage registration (one Taiwanese citizen and one foreign citizen of a country or territory where same-sex marriage is not legal, or two foreign citizens.), same-sex partnership registration is available. The registration is not legally binding, but it can serve as a proof or a document of identification for signing consent of informed surgery or applying for passport for his/her partner. Controversy: 1. Opponents: (1)The reason that some cross-national gay couples are not legally qualified to marry in Taiwan is the restriction of the other partner’s country instead of Taiwanese government. Therefore, the problem should be solved by their own country instead of Taiwan. (2)The law of Taiwan aims to protect citizens of the Republic of China only, so it is not reasonable to ask the legislators to provide protection. 2. Supporters: Freedom of marriage includes “whether to marry” and “whom to marry” (see J.Y. Interpretation No. 362). According to J.Y. Interpretation No. 748, “Such decisional autonomy is vital to the sound development of personality and safeguarding of human dignity and therefore is a fundamental right to be protected by Article 22 of the Constitution.” When a person is deprived of his rights of marriage because of the identity of homosexuality and the hometown of his/her partner, it can be defined as inequality. The law only guarantees the freedom of marriage of certain groups of people. There is still discrimination based on” sexual orientation”,” choices of the citizen” and “the nationality of the partner”.
Advocacy group: 1. Taiwan Alliance to Promote Civil Partnership Rights(TAPCPR) 2. founding time: 2009 3. Goal: TAPCPR aims to eliminate discrimination among different genders, sex orientations, and gender identity and gender expression in terms of legislation by providing equal legal protections. 4. Issue concerned • Rights to Equal Family Formation Full adoption rights, assisted reproduction, transnational same-sex marriage, and household registration regardless of sex • Gender Recognition and Gender Change • Anti-Discrimination
(4)Action
The actions that TAPCPR takes include lobbying and social initiatives, free legal counselling for LGBTIQ people, monitoring gender policies.
(5) Attitude on “cross-national same sex marriage.
Emphasize that Taiwan is the only country with the situation that cross-national gay couples might not be able to marry among all the countries where same sex marriage is legalized. The restriction of freedom of marriage based on nationality is a violation of fundamental human rights. TAPCPR considers it important to accelerate the legislation of cross-national same sex marriage.
(6)Actions on “cross-national same sex marriage”.
• cosignatory and peace march • Law assistance for cross-national same sex couples on filing a lawsuit to seek legal remedy. • Supporting group: meetings with cross-national couples every month to provide counseling. • lobbying
Solutions in other countries： 1. Solutions in other countries: Except for Taiwan, there are still 27 countries in the world that legalizes same-sex marriage. Even though they all have different legislations towards foreign marriage, they all protect the rights of cross national same-sex marriage. The reason why cross national same-sex marriage in Taiwan is still limited by Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.46 is that it has different selection of laws. 2. The establishment of a cross national marriage depends on the laws of its location: If the marriage that is applied in the countries like the US, Canada, and Australia, fulfills the conditions and essences of domestic marriage laws, then the marriage is admitted, no matter if the two parties are from countries that forbid same-sex marriage. In Canada, even two non-citizen foreigners can register for cross-national same sex marriage. 3. The establishment of a cross national marriage depends on the laws in the countries where the two people are from: If the cross-national marriage depends on the laws of where the two parties are from, supporting measures must be enacted. Take Belgium for example, the marriage would still be valid if the domestic law of only one party admits same-sex marriage, and the law that forbids same-sex marriage would be not applicable. As a result, in same-sex marriage, if one of the party is a Belgian or owns the residency of Belgium, the marriage is admitted in Belgium even the other party comes from a country that forbids same-sex marriage. Solutions in Taiwan: 1. According to Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.8, if the administrative agency affirm that “not admitting same-sex marriage” is a violation of the public order, then that law of the foreign country is not applied. And cross national same-sex couples such as Taiwanese-Korean or Taiwanese-Japanese can register for marriage in Taiwan. 2. Amend Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.46 or the treaties in Act for Implementation of J.Y. Interpretation No. 748 and change the validity of marriage form depending on the law of both parties to the location of the marriage application, or depend on only one of the party’s law.
Activities: 1. SEA you soon SEA you soon is an activity that led by Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) to support transnational same-sex marriage. The initiative starts from May 1st, 2020 to August 31st, 2020. The purposes of SEA you soon are to collect funds to assist transnational same-sex marriage people. With the funds, the lawyers of TAPCPR has represented several transnational gay couples to propose petitions. The initiation of judicial relief procedures is hoped to become a breach in promoting transnational same-sex marriages. Also, TAPCPR takes advantage of the fund to collaborate with the media by holding press conferences. According to the statistical numbers, the fund-using rate of initiatives, lobbies, and legal action accounts for 34%, the issue promotion and human rights education accounts for 32%, the office expenditure accounts for 28%, and initiative supplies and platform construction expenditure accounts for 6%. TAPCPR has also cooperated with Love Is King Community to film a music video which is a song cover from Wawa King by Fish Leong and Eve Ai. The story of music video is adapted from true story with the aim of illustrating the difficulty between transnational gay couples. For showing gratitude to donors, TAPCPR will give back to them with different gifts according to the amount of money that people donate. The sum of money reaches 4,411,990 NTD by 2813 people, which achieves TAPCPR’s anticipated number. In the next phase of fundraising, TAPCPR will promote human rights education. It is estimated that the cost of per speech, including expenditure of instructor, place, personnel, propaganda, and transportation, will be in the range of 12000 to 20000 (TAPCPR, 2020).
2. Lennon Wall in Ketagalan Boulevard TPACPR initiates the activity, which appeals people to paste pieces of sticky note on the Lennon Wall aside Ketagalan Boulevard in May 17th, 2020. The intention of the campaign is to raise public awareness of the issue. People paste sticky notes as well as tickets and arrange them to the shape of SEA YOU SOON to show the longing for the solution of transnational same-sex marriage (TAPCPR, 2020).
Case: Mei Ping and Xiao C Mei Ping and Xiao C requested the marriage registration of Songshan Household Affairs Office in Taipei City on October 8th and was rejected, and then appointed the TAPCPR lawyers to file a lawsuit (TAPCPR, 2020). The first hearing is held on June 9th at the Taipei Higher Administrative Court. The trial judge Zhang Yu-Feng said that there should be many litigants who cannot get married across the country. The judge asks the Ministry of the Interior to report to the court to discuss the law revision meeting materials, hoping to resolve the urgency of the parties’ marriage registration in a faster way. The lawyers propose two solutions to the judge. The first is that the judge can use Article 8 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements to exclude the application of Article 46 of the same law, and order the household registration agency to accept the marriage
The second is to determine that although the exclusive law on same marriage has no nationality restrictions, it adds Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements. The latter seems to be a neutral rule, but its overall legal application results in that same-sex couples will be systematically discriminated against because of their nationality and sexual orientation. The application of relevant laws and regulations may result in insufficient protection standards, obvious violations of equal rights, and infringement of the freedom of marriage of same-sex sexual orientation. As a consequence, the lawyers ask the court to consider a ruling to stop the lawsuit and apply for constitutional interpretation. In response to the first practice proposed by the lawyers, the judge asked how other countries and similar cases are handled.
Attorney Hsu Xiu Wen cites the examples of "France and Morocco" and the examples of "Taiwan and Cambodia", saying that it is not a special case that the "public order and good customs" regulations exclude the application of the prohibition of marriage in other countries Lawyer Xie Meng Zhao puts forward a common exclusionary application case in Taiwan as "the wife may file a lawsuit for denial of marriage." This shows that if the results of the application of laws in other countries do not conform to Taiwan's public order and good customs, it is not a special case that courts use public order and good customs to exclude the application of laws of other countries. Attorney Pan Tian Qing explains from the perspective of the evolution of marriage. In the practice of constitutional interpretation in Taiwan, the system of marriage has been emphasized in the past, but in recent years, through the interpretation of the justices, especially interpretation No. 748, personal freedom is protected. The development is oriented toward the people's equal application of the marriage system and marriage. This is very important for the protection of basic human rights, and it is sufficient to constitute an important part of our public order and good customs. For the second approach proposed by the lawyers, the judge says that the current average processing period for constitutional interpretation is three years, which is helpless for the situation. Until December 26, 2020, the case is still hearing. The future of Mei Ping and Xiao C remains unknown. Reference 1. 台灣伴侶權益推動聯盟 ( https://tapcpr.org/) 2. “Act Governing the Choice of Law in Civil Matters Involving Foreign Elements”. Laws and Regulations Database of the Republic of China. Retrieved 3 December 2020. Retrieved from https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000007
3. "你的同性伴侶來自哪一國？跨國同婚「一國四制」". Taiwan Alliance to Promote Civil Partnership Rights. Retrieved 1 December 2020. Retrieved from https://tapcpr.org/main-topics/tssm
4. “NIA Initiates Same-Sex Partnership Certificate for Foreign Residents as part of Gender-Friendly Policy initiative” Ministry of the Interior National Immigration Agency Republic of China. Retrieved 5 December 2020. Retrieved from https://www.immigration.gov.tw/5475/5478/141457/141990/229287/
5. 王良博、林怡昕、許若茵（2020年5月24日）。❮【N專題】同婚周年1》同婚專法有漏洞 數百對跨國伴侶無法成家❯。新聞人。 http://www.newspeople.com.tw/npro-200524-01/
6. 台灣伴侶權益推動聯盟（2020年4月6日）。❮Q2：其他國家如何解決「跨國同婚」？❯。 https://tapcpr.org/main-topics/transnational-same-sex-marriage/%E8%B7%A8%E5%9C%8B%E5%90%8C%E5%A9%9Aq1/2020/04/06/%E8%B7%A8%E5%9C%8B%E5%90%8C%E5%A9%9Aq2 7. 台灣同性婚姻（2020年11月22日）。維基百科。 https://zh.wikipedia.org/wiki/臺灣同性婚姻
| This is not a Wikipedia article: It is an individual user's work-in-progress page, and may be incomplete and/or unreliable. For guidance on developing this draft, see
Wikipedia:So you made a userspace draft. Find sources:
Google (
books ·
news ·
scholar ·
free images ·
WP refs) ·
FENS ·
JSTOR ·
TWL |
New article name goes here new article content ...
References
External links
Cross National Same-sex Marriage in Taiwan
Introduction
Cross National same-sex marriage in Taiwan is defined as an action that two gay persons who have same sexual orientation but different nationality gat married in Taiwan. This issue is coming out through the sensation of the passing of same sex marriage law. However, due to the restrictions, different nationality causes different outcome. As a result, some people cannot get married.
Notwithstanding the situation, Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) has promoted many campaigns to support homosexual people in Taiwan. For gay people, it is believed that the promotion is cheering. Background：The development of same-sex marriage in Taiwan 1. 1980-2017: Before the Act for Implementation of Judicial Yuan Interpretation No. 748, the bill that legalizes same-sex marriage, was enacted on 24 May 2019, the related discussion has existed since the late 1980 and the appeal was advocated by LGBT groups during 2012-2019 because there was no law to guarantee either same-sex marriage or same-sex partnership. 2. 2017: The Constitutional Court first announced the Chapter 2 on Marriage of Part IV on Family of the Civil Code unconstitutional on 24 May 2017, which is called the Judicial Yuan Interpretation No.748, and that the Constitution of R.O.C. should guarantee gay couples the same right to marry. 3. 2017: According to the Judicial Yuan Interpretation No.748, the Legislative Yuan had to amend or draw up the Civil Code in two years or else the registration of such marriages would automatically come into force. Thus, Taiwan has become the first nation in Asia to guarantee same-sex marriage. 4. 2018: In 24 November 2018, the referendums resulted in preventing the recognition of same-sex marriages in the Civil Code, but the government assured that that the court ruling would still be implemented, and that the referendums could not support laws contrary to the Constitution. 5. 2019: A draft bill entitled the Act for Implementation of J.Y. Interpretation No. 748 was released on 20 February 2019, the draft bill granted same-sex married couples almost the same rights as heterosexual married couples under the Civil Code and the Executive Yuan passed it the following day. The Act for Implementation of J.Y. Interpretation No. 748 was passed by the Legislative Yuan on 17 May, signed by President Tsai Ing-Wen and finally took effect on 24 May. 6. Now: However, the new bill lacks supporting regulations that ensure transnational same-sex marriage and under the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, cross-national same-sex marriage is still partly illegal in Taiwan. That is, until now there are still some cross-national same-sex couples who can only register for civil union to become partnership and have very limited rights, but not marriage registration. Current situation Although gay marriage has legalized in 2018, cross national same-sex marriage in Taiwan is still limited by Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.46.” The formation of a marriage is governed by the national law of each party.” Thus, a foreigner would not be able to register a same sex marriage here in Taiwan if he/she comes from a country where same-sex marriage is not legalized. The only condition that transnational same-sex marriage registration would be admitted in Taiwan is when the foreign partner comes from a country where same-sex marriage is legalized. Different conditions for Same-sax marriage in Taiwan 1. Same-sex marriage with people from 27 countries where gay marriage is legalized. For same-sex couples, if one partner is from Taiwan and the other is from one of the 27 countries where same-sex marriage has been legalized. Their marriage would be admitted in both countries. 2. Same-sex marriage with people from 21 countries where gay marriage is not legalized. If the foreign partner is from countries where same-sex marriage has not been legalized, the marriage registration would be rejected. 3. Same sex marriage with people from countries which interview before entry is required by Taiwan’s regulation. The couples have to make marriage registration in the foreign partners’ countries and apply for interviews with the application documents first. If the interview has passed, the marriage would be recognized as legal and official. While none of the 21 countries that interview before entry is required has not legalized same-sex marriage. Which means that for couples that one of them is from these 21 countries, marriage in Taiwan is impossible. 4. As for couples that the partner is from China, according to Act Governing Relations between the People of the Taiwan Area and the Mainland Area No52, marriage between people from two areas is based on locus regitactum. This way, same-sex couple should be able to marry in Taiwan. However, partners from the Mainland area are also asked to register in their hometown and apply for the interview at the airport with the document first. For those transnational same-sex couples who are not eligible for marriage registration (one Taiwanese citizen and one foreign citizen of a country or territory where same-sex marriage is not legal, or two foreign citizens.), same-sex partnership registration is available. The registration is not legally binding, but it can serve as a proof or a document of identification for signing consent of informed surgery or applying for passport for his/her partner. Controversy: 1. Opponents: (1)The reason that some cross-national gay couples are not legally qualified to marry in Taiwan is the restriction of the other partner’s country instead of Taiwanese government. Therefore, the problem should be solved by their own country instead of Taiwan. (2)The law of Taiwan aims to protect citizens of the Republic of China only, so it is not reasonable to ask the legislators to provide protection. 2. Supporters: Freedom of marriage includes “whether to marry” and “whom to marry” (see J.Y. Interpretation No. 362). According to J.Y. Interpretation No. 748, “Such decisional autonomy is vital to the sound development of personality and safeguarding of human dignity and therefore is a fundamental right to be protected by Article 22 of the Constitution.” When a person is deprived of his rights of marriage because of the identity of homosexuality and the hometown of his/her partner, it can be defined as inequality. The law only guarantees the freedom of marriage of certain groups of people. There is still discrimination based on” sexual orientation”,” choices of the citizen” and “the nationality of the partner”.
Advocacy group: 1. Taiwan Alliance to Promote Civil Partnership Rights(TAPCPR) 2. founding time: 2009 3. Goal: TAPCPR aims to eliminate discrimination among different genders, sex orientations, and gender identity and gender expression in terms of legislation by providing equal legal protections. 4. Issue concerned • Rights to Equal Family Formation Full adoption rights, assisted reproduction, transnational same-sex marriage, and household registration regardless of sex • Gender Recognition and Gender Change • Anti-Discrimination
(4)Action
The actions that TAPCPR takes include lobbying and social initiatives, free legal counselling for LGBTIQ people, monitoring gender policies.
(5) Attitude on “cross-national same sex marriage.
Emphasize that Taiwan is the only country with the situation that cross-national gay couples might not be able to marry among all the countries where same sex marriage is legalized. The restriction of freedom of marriage based on nationality is a violation of fundamental human rights. TAPCPR considers it important to accelerate the legislation of cross-national same sex marriage.
(6)Actions on “cross-national same sex marriage”.
• cosignatory and peace march • Law assistance for cross-national same sex couples on filing a lawsuit to seek legal remedy. • Supporting group: meetings with cross-national couples every month to provide counseling. • lobbying
Solutions in other countries： 1. Solutions in other countries: Except for Taiwan, there are still 27 countries in the world that legalizes same-sex marriage. Even though they all have different legislations towards foreign marriage, they all protect the rights of cross national same-sex marriage. The reason why cross national same-sex marriage in Taiwan is still limited by Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.46 is that it has different selection of laws. 2. The establishment of a cross national marriage depends on the laws of its location: If the marriage that is applied in the countries like the US, Canada, and Australia, fulfills the conditions and essences of domestic marriage laws, then the marriage is admitted, no matter if the two parties are from countries that forbid same-sex marriage. In Canada, even two non-citizen foreigners can register for cross-national same sex marriage. 3. The establishment of a cross national marriage depends on the laws in the countries where the two people are from: If the cross-national marriage depends on the laws of where the two parties are from, supporting measures must be enacted. Take Belgium for example, the marriage would still be valid if the domestic law of only one party admits same-sex marriage, and the law that forbids same-sex marriage would be not applicable. As a result, in same-sex marriage, if one of the party is a Belgian or owns the residency of Belgium, the marriage is admitted in Belgium even the other party comes from a country that forbids same-sex marriage. Solutions in Taiwan: 1. According to Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.8, if the administrative agency affirm that “not admitting same-sex marriage” is a violation of the public order, then that law of the foreign country is not applied. And cross national same-sex couples such as Taiwanese-Korean or Taiwanese-Japanese can register for marriage in Taiwan. 2. Amend Act Governing the Choice of Law in Civil Matters Involving Foreign Elements No.46 or the treaties in Act for Implementation of J.Y. Interpretation No. 748 and change the validity of marriage form depending on the law of both parties to the location of the marriage application, or depend on only one of the party’s law.
Activities: 1. SEA you soon SEA you soon is an activity that led by Taiwan Alliance to Promote Civil Partnership Rights (TAPCPR) to support transnational same-sex marriage. The initiative starts from May 1st, 2020 to August 31st, 2020. The purposes of SEA you soon are to collect funds to assist transnational same-sex marriage people. With the funds, the lawyers of TAPCPR has represented several transnational gay couples to propose petitions. The initiation of judicial relief procedures is hoped to become a breach in promoting transnational same-sex marriages. Also, TAPCPR takes advantage of the fund to collaborate with the media by holding press conferences. According to the statistical numbers, the fund-using rate of initiatives, lobbies, and legal action accounts for 34%, the issue promotion and human rights education accounts for 32%, the office expenditure accounts for 28%, and initiative supplies and platform construction expenditure accounts for 6%. TAPCPR has also cooperated with Love Is King Community to film a music video which is a song cover from Wawa King by Fish Leong and Eve Ai. The story of music video is adapted from true story with the aim of illustrating the difficulty between transnational gay couples. For showing gratitude to donors, TAPCPR will give back to them with different gifts according to the amount of money that people donate. The sum of money reaches 4,411,990 NTD by 2813 people, which achieves TAPCPR’s anticipated number. In the next phase of fundraising, TAPCPR will promote human rights education. It is estimated that the cost of per speech, including expenditure of instructor, place, personnel, propaganda, and transportation, will be in the range of 12000 to 20000 (TAPCPR, 2020).
2. Lennon Wall in Ketagalan Boulevard TPACPR initiates the activity, which appeals people to paste pieces of sticky note on the Lennon Wall aside Ketagalan Boulevard in May 17th, 2020. The intention of the campaign is to raise public awareness of the issue. People paste sticky notes as well as tickets and arrange them to the shape of SEA YOU SOON to show the longing for the solution of transnational same-sex marriage (TAPCPR, 2020).
Case: Mei Ping and Xiao C Mei Ping and Xiao C requested the marriage registration of Songshan Household Affairs Office in Taipei City on October 8th and was rejected, and then appointed the TAPCPR lawyers to file a lawsuit (TAPCPR, 2020). The first hearing is held on June 9th at the Taipei Higher Administrative Court. The trial judge Zhang Yu-Feng said that there should be many litigants who cannot get married across the country. The judge asks the Ministry of the Interior to report to the court to discuss the law revision meeting materials, hoping to resolve the urgency of the parties’ marriage registration in a faster way. The lawyers propose two solutions to the judge. The first is that the judge can use Article 8 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements to exclude the application of Article 46 of the same law, and order the household registration agency to accept the marriage
The second is to determine that although the exclusive law on same marriage has no nationality restrictions, it adds Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements. The latter seems to be a neutral rule, but its overall legal application results in that same-sex couples will be systematically discriminated against because of their nationality and sexual orientation. The application of relevant laws and regulations may result in insufficient protection standards, obvious violations of equal rights, and infringement of the freedom of marriage of same-sex sexual orientation. As a consequence, the lawyers ask the court to consider a ruling to stop the lawsuit and apply for constitutional interpretation. In response to the first practice proposed by the lawyers, the judge asked how other countries and similar cases are handled.
Attorney Hsu Xiu Wen cites the examples of "France and Morocco" and the examples of "Taiwan and Cambodia", saying that it is not a special case that the "public order and good customs" regulations exclude the application of the prohibition of marriage in other countries Lawyer Xie Meng Zhao puts forward a common exclusionary application case in Taiwan as "the wife may file a lawsuit for denial of marriage." This shows that if the results of the application of laws in other countries do not conform to Taiwan's public order and good customs, it is not a special case that courts use public order and good customs to exclude the application of laws of other countries. Attorney Pan Tian Qing explains from the perspective of the evolution of marriage. In the practice of constitutional interpretation in Taiwan, the system of marriage has been emphasized in the past, but in recent years, through the interpretation of the justices, especially interpretation No. 748, personal freedom is protected. The development is oriented toward the people's equal application of the marriage system and marriage. This is very important for the protection of basic human rights, and it is sufficient to constitute an important part of our public order and good customs. For the second approach proposed by the lawyers, the judge says that the current average processing period for constitutional interpretation is three years, which is helpless for the situation. Until December 26, 2020, the case is still hearing. The future of Mei Ping and Xiao C remains unknown. Reference 1. 台灣伴侶權益推動聯盟 ( https://tapcpr.org/) 2. “Act Governing the Choice of Law in Civil Matters Involving Foreign Elements”. Laws and Regulations Database of the Republic of China. Retrieved 3 December 2020. Retrieved from https://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?pcode=B0000007
3. "你的同性伴侶來自哪一國？跨國同婚「一國四制」". Taiwan Alliance to Promote Civil Partnership Rights. Retrieved 1 December 2020. Retrieved from https://tapcpr.org/main-topics/tssm
4. “NIA Initiates Same-Sex Partnership Certificate for Foreign Residents as part of Gender-Friendly Policy initiative” Ministry of the Interior National Immigration Agency Republic of China. Retrieved 5 December 2020. Retrieved from https://www.immigration.gov.tw/5475/5478/141457/141990/229287/
5. 王良博、林怡昕、許若茵（2020年5月24日）。❮【N專題】同婚周年1》同婚專法有漏洞 數百對跨國伴侶無法成家❯。新聞人。 http://www.newspeople.com.tw/npro-200524-01/
6. 台灣伴侶權益推動聯盟（2020年4月6日）。❮Q2：其他國家如何解決「跨國同婚」？❯。 https://tapcpr.org/main-topics/transnational-same-sex-marriage/%E8%B7%A8%E5%9C%8B%E5%90%8C%E5%A9%9Aq1/2020/04/06/%E8%B7%A8%E5%9C%8B%E5%90%8C%E5%A9%9Aq2 7. 台灣同性婚姻（2020年11月22日）。維基百科。 https://zh.wikipedia.org/wiki/臺灣同性婚姻