A step in the right direction!
In a monumental move towards LGBTQ+ equality, a high court has now made it easier for same-sex marriage to occur between a Taiwanese resident and their foreign partners.
In 2019, Taiwan became the first country in Asia to legalise same-sex marriage.
Unfortunately, a loophole was discovered which prevented a person from Taiwan from marrying a partner that’s from a country where same-sex marriage is illegal.
Gay activist Chi Chia-wei discovered this discrepancy when he was barred from marrying his Malaysian partner back in 2019, by Daan District Household Registration Office.
The response was due to Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, which states that “the formation of marriage is governed by the national law of each party.”
Same-sex marriage is currently illegal in Malaysia, with the LGBTQ+ community often persecuted by politicians.
But the steps towards changing this rule has been set in motion this past Thursday after the Taipei High Administrative Court renounced the decision.
According to the Taipei Times, the court has ordered the Daan District Household Registration Office to allow the two to get married under Article 8, which prevents the laws of foreign states affecting the martial process.
Even though this is a massive win for future LGBTQ+ couples going forward, Chi Chia-wei calls this “half a win, half a loss”.
Due to Chi’s partner not having documentation from Malaysia stating he’s single, the two are unable to wed.
The ongoing pandemic and possible legal consequences from Malaysia have made his partner fearful of requesting the legal documents.
The proposed revisions to Article 46 by the Judicial Yuan is set to be reviewed by the Executive Yuan before being properly implemented into the legislation.