台湾地区同性婚姻合法化动向 -以台湾司法院大法官释字第748号为中心-

Abstract

In recent years, there has been a growing demand for the legalization of same-sex marriage and equality of homosexuality in many countries and regions around the world. The rights of homosexuals in Asia are subject to various restrictions, while Latin America and European countries protect the right of marriage by the legislation. On May 24, 2017, the Supreme Court of Taiwan, issued a majority opinion of Judge 12 (Unconstitutional) to 2 (Constitutional), saying that “the Taiwanese Civil Code clause(“Marriage is only possible between men and women.”) violated the right to equality and freedom of marriage guaranteed by the Constitution, and that the decision to accept the same sex contributes to social stability and human dignity.” This judgment is a result of fighting over the past few decades of LGBT sexual minorities in Taiwan, and it can be said to be a representation of the people. It is a major milestone in Taiwan's human rights law, and it is estimated that it could become a prelude to the legalization of same-sex marriage in Asia. From the Netherlands to Taiwan, the struggle for the legalization of same-sex marriage has continued in 23 countries and regions in 16 years. Various social issues like HIV / AIDS, fertility, human rights, freedom, love and so on are being discussed. The legalization of same-sex marriage will make it possible for society to eliminate the contempt for minorities and make it possible for society to become more humanitarian. At the same time, it will be possible to reduce the situation of disorderly homosexuality and to reduce some infectious diseases such as HIV / AIDS. It will help homosexuals maintain a stable relationship and contribute to the stabilization of society. In this study, I would like to examine how the judgment will give legal implications to the legalization of same-sex marriage in Asia by focusing on the issue of 释字 748 of the Taiwanese Supreme Court on May 24, 2017. Key words : Same-sex Marriage in Taiwan, Legalization, Freedom of Marriage, Asia, Right to Equality