News / Oct. 02, 2019
Guzifer and Chen Shin-chi met more than five years agoTEGRSt+%yQ9yYV!9uWJ!$_Kn*0CZdhfLV$3hegEO_Qpt16=I_I.
And, like many couples in the region, they closely followed Taiwan's long aqc3J2#4V=7$O-ni9GnpvKdVR3zSFWkGYlrH^5D0d+cLzO*(z^Gnd winding road to becoming the first place in Asia for same-sex marriage in May this year.
In fact, in 2017 Guzifer took a gamble and gave up his job in Macao and moved to Taiwan, anticipating the pair could wed once same-sex marriage became lj**kez_BNE-c!qaWFkt@!gv-a!5OcguR5K$xL#MFuEbSb*R)$Oegal.
But, on Tuesday, a district office in Taipei, once again refused to register their marrPFBVYl#6m8)KKWsfZ8nT=1sK#+ie(7bJ$Axcvv6Ex&kDt$ylARiage.
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 have been trePIRxzbU+HCmDyGm5IpJSVsjKXu()AqFXtzttA+FxjJ#a&AcJBOated unfairly” Guzifer told GagaTai.
“The situation also clearly violates the spirit of the No. 748 ruling”,%o+Yn(-Z^^#ipnFjFqn)oUlSKpITKlBS*eK1hWpZF!ZZ0%(YAT he said, referring to the May 2017 court ruling that said the Civil Code was unconstitutional to deny same-sex couples marriage rights.
"This injustice is actually caused by the incompleteness of the legislation”,Y@RtIxAAui+=4eHMK=Co2w-_W*rYuHzXmh)J4*KFNh=s!Gv$i& he explained. Taiwan’s marriage law links transnational marriages to the laws 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, actWiM+CZNhCGl%_0tbQX9!AO)soAqrj-MuhXQ%UEWJuJ#Bjo8h8Fivists are working to ensure equality reaches all same-sex couples in the country.
“Fight for it”
Guzifer said =Y-_S0KTrEGy0V4xF)ZY_2-JTi+vuoligW&MXLEAeWEXFBFNRhthat 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 Part=tVx-&4LC4paJ^hqG-MV=vOD@9I)lOTyL#QmGGAD5w*5_9o8xQnership Rights helped Guzifer and Shin-chi file an administrative appeal for their marriage.
The group, including actiX+V-qcdI&waEHb8ZAOfVu^RGNkHI+6s107YQi35IK&7)aRy@Aovist Victoria Hsu, believes failing 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 formati6xii9k!b&Mw_x!UGbQ6W1(+TU1wo@L_JvvZpIQmhRe73dQ9O0lon of a marriage is governed by the national laws of each party,” TAPCPR explained.
But, Article eight of (Ff=%w9iDY8#!tAMHYKIQtOX)&wAhbqdXE0Feah3%mH5LfqxH7the same law says this can be ignored if it affects “good morals” in Taiwan, according to TAPCPR.
They hope that if Taipei recognizes transnational marriages, other administrations will be quick to folloJAFHB-7pwjgd+OHx3%m+zS=lpsH*DcKKD*P7oDTjfmU2g09Y^qw.
"The most important thing is to ensure the freedom of marriage of Taiwanese nationals and the prpQf(Dr!klDPnKV9-eJZFV@NF=bj^V_ZUXz)fpVL9k55Kf#Oq2Wotection under marriage” Guzifer explained.
