Same Sex Marriage

Derechos Humanos / Human Rights

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Taiwan proposes same-sex marriage Bill           

Source: Jurist

February 22, 2019

 The executive body of the Republic of China (Taiwan) submitted a bill to the legislature Thursday to legally recognize same-sex marriage.

In astatement, Premier Su Tseng-chang acknowledged the national referendum last year, where the majority of the island nation’s populace voted against recognizing same-sex marriage. Su also maintained the Executive’s Yuan’s position that the decision of the Constitutional Court stands, and carries the same weight as the nation’s constitution, itself. Despite this acknowledgement, Su stated that it is not the Executive Yuan’s position that the the country’s Civil Code should be amended.

In May 2017 the Constitutional Court of the Republic of China ruled, in its Opinion No. 748, that Articles 972, 973, 980 and 982 under Chapter II of the Civil Code pertaining to marriage was unconstitutional. Specifically, the civil code provisions referred to above restrict marriages to those between a man and a woman. The court based its analysis on Articles 7 and 22 of the Constitution, which broadly guarantees equal protection to all citizens under the law. The Constitutional Court noted that the government has been unsuccessful with producing legislation that would extend recognition marriages to same-sex couples. The Judicial Yuan required the government to amend the Civil Code within two years of its decision. As of May 25, 2019, the deadline for the Legislature would have expired. Should the Legislature fail to meet this deadline, same-sex couples may proceed with their marriage unions, regardless of whether the Civil Code has been amended.

Officially, the bill reflects the Executive Yuan’s position that the Constitutional Court’s opinion should be implemented. Despite no proposed amendments to the existing Civil Code, the draft of the bill addresses what defines a same-sex union, eligibility criteria, as well as provisions regarding property, custody, conflict, and dissolution. Interestingly, the bill designates same-sex unions as “第二條關係”, which roughly translates to a “second relationship.” It appears the bill intends to circumvent the Executive Yuan’s not amending of the Civil Code by stating that the marriage provisions under the Civil Code shall apply to the parties specified under this bill.

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Derechos Humanos / Human Rights

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banderasdecosta-rica (1)Costa Rica Supreme Court strikes down same-sex marriage ban             

Source: Jurist

August 10, 2018

The Supreme Court of Costa Rica on Thursday found the country’s ban on same-sex marriage unconstitutional and discriminatory. Leer el resto de esta entrada »

Derechos Humanos / Human Rights

Posted on Actualizado enn

Unión-EuropeaECJ rules ‘spouse’ includes same-sex couples under freedom of residence law 

Source: Jurist

June 05, 2018

-European Union-

[JURIST] The European Court of Justice (ECJ) [official website] ruled [judgment] Tuesday that even if an EU country’s government has not authorized same-sex marriage, same-sex couples must still be offered the same residency rights as heterosexual couples. Leer el resto de esta entrada »

Derecho Constitucional / Constitucional Law

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austriaAustria Constitutional Court strikes down law banning same-sex marriage

Source: Jurist
December 05, 2017

[JURIST] Austria’s Constitutional Court [official website, in German] ruled [text, PDF, in German] Tuesday that a 2009 law that allowed same-sex couples to enter registered partnerships but not to get married was unconstitutional.
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