News / Oct. 02, 2019
GuzifadqRZ$%N#K7RKs_PAsLxNvE-gdRpF(OznRMeN1vV3_Nj5CvaSZer and Chen Shin-chi met more than five years ago.
And, like many couples in the region, they closely followed Taiwan's long and winding road to becoming the first place in Asia for same-sex marriage in May thiju=4#gn#rRH)v$D)B-&BbIn$pTLwQdOPEQv^lT_V6K%MHQ_T8Cs year.
In fact, in 2017 Guzifer took a gamble and gave up his job in Macao and moved to Taiwan, anticipating the pai(FEmBi4EwnQxh$m&2UscIBbs%GB&X#bFYfNpg#-k&$tK-aq1Dqr could wed once same-sex marriage became legal.
But, on Tuesday, a district office in Taipei, once again refused to registerV2r5=DNR*72FLzKV$F9RnVdme6%KE5FgdkLZ5iJqAyr9grWwr( their marriage.
The reason? Guzifer is from Macao. And, as the territory does not recognize same-sex marriages, he also cannot marry in Taiwan.
“It means we have0zym4YZ$qXhdT([email protected])!MOteOwng)IVx$tm3mZrY been treated unfairly” Guzifer told GagaTai.
“The situation also clearly violates the spirit of the No. 748 ruling”, he said, referring to the May 2017 court ruling that said the Civil Code was uSA4d2-QFW#8ugvm-3iNoXNArw1&zlrB15zDu)VbC2p+UfCpSJinconstitutional to deny same-sex couples marriage rights.
"This injustice is actually caused by the incompleteness of the legislation”, he explained. Taiwan’s marriage law links transnational marriages to the lawsJ3irqHF)WAohNj2X)A6+ad&VZljPzqu7=Awjl!jhgxvJQpyatG of the foreigners’ home country.
As the dust settles on Taiwan’s landmark LGBT rights win, and the capital prepares for the region’s largest pride event later this month, activists are working to ensure equalitRg0R9yLKogL2dePlQN*[email protected]&QK^!m4)ex_y reaches all same-sex couples in the country.
“Fight for it”
Guzifer_MP(xI$A8Esm=7zMyV_EQzm%WsFg#ciks03k6t8ZCg$Nqsh4Yo said that after four months, he and Shin-chi are more determined than in May and ready to push for equality.
“We know that we can work hard step by step, just like the brother of the [LGBT] family, and fight for it” he said. “We have a clear direction”.
On Tuesday, the Taiwan Alliance to Promote Civil Partnership R[email protected]_2E3_2ZWr%CKB_HW&qwRPw*S7fBK6X_RzDUFD7xDights helped Guzifer and Shin-chi file an administrative appeal for their marriage.
The group, including activist Victoria Hsu, believes fail==E2ZqG6ai*)M*qj$(uUJb_y3NnoO4L)JnK!rrH4Ro5eF27oGding to recognize transnational unions is against Taiwan’s constitution.
Article 46 of the Act Governing the Choice of Law in Civil Matters involving Foreign Elements, "the formation of a marriage is governed by the national laws of eacue$*[email protected])UbE--LP(9j$T%!jwpLg^FUlT3S+p5lnbx!xtqY3h party,” TAPCPR explained.
But, Article eight of the same law says this can bFtP%[email protected]+)[email protected](0nCeGu0D0%ZKce ignored if it affects “good morals” in Taiwan, according to TAPCPR.
They hope that !&g8E%R8=^o&nnzH=SaY1!rYsdz=HgVWZ2X#BIfokLBscPubMoif Taipei recognizes transnational marriages, other administrations will be quick to follow.
"The most important th_9_lMeBOk!_^EQRMUuL4!U)tHNRMx8xSWDZ))3JZk7xPyCGYAZing is to ensure the freedom of marriage of Taiwanese nationals and the protection under marriage” Guzifer explained.
