The
Constitutional Court ruling comes after a pro-“Same-Sex Marriage Act”
stalled in the Legislative Yuan, Taiwan’s parliament, after massive opposition protests on the island nation that rivaled recent pro-natural-marriage rallies in France on a per capita basis.
The ruling, if allowed to stand, would make Taiwan the first country in Asia to allow “marriages” based on homosexuality.
In a press release
about its decision, the Court stated that allowing homosexual
“marriage” is “equally essential to homosexuals and heterosexuals, given
the importance of the freedom of marriage to the sound development of
personality and safeguarding of human dignity.”
It
stated that same-sex “marriages” will not affect opposite-sex (i.e.,
normal) marriages, nor undermine the social order of the island nation,
formally named the Republic of China (ROC). (The mainland Communist
People’s Republic of China insists that the ROC name is illegitimate,
claiming it alone represents the Chinese people.)
The Taiwan court called the current inability of homosexuals to get married “obviously a gross legislative flaw.”
Courts replace legislature
The
high court ruling is reminiscent of how same-sex "marriage" advanced
legally in the United States — with judges' successive rulings in favor
of legalizing it effectively disenfranchising millions of Americans who
voted to reject the concept in one state ballot after another.
President Tsai Ing-wen of the liberal Democratic Progressive Party (DPP)
is a strong supporter of LGBT policies, including homosexual
“marriage.” The party swept her into office last year by defeating the
more conservative Kuomintang Party that had ruled Taiwan since World War
II. But the massive protests stalled her goal of legalizing “gay
marriage” through the parliament.
“The
Taiwanese president, Tsai Ing-wen, openly supported legalizing same-sex
marriage during her campaign, but in the year since she came to power
and amid low approval ratings, she declined to aggressively push for
amending the law,” The Guardian newspaper reported.
Ing-wen
appointed seven of the 15 members of the Constitutional Court, so
pro-family advocates were expecting the liberal decision.
Brian Camenker of the American pro-family group Mass Resistance,
which assisted the pro-family traditional-marriage forces in Taiwan,
said there is an additional element inducing corruption in the ROC high
court: “The Justices of the [Taiwanese] Supreme court have a term limit
of eight years. But they are allowed to hold concurrent government posts
by the President’s direct assignment. This directly affects their
careers and especially their income.”
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