Taiwan's top court rules in favour of same-sex marriage

Landmark ruling will mean country is first in Asia to allow gay couples to marry and cements reputation as beacon of liberalism

Activists hug outside the parliament in Taipei as they celebrate after the court ruled in favour of same-sex unions.
Activists hug outside the parliament in Taipei as they celebrate after the court ruled in favour of same-sex unions. Photograph: Sam Yeh/AFP/Getty

Taiwan's top court rules in favour of same-sex marriage

Landmark ruling will mean country is first in Asia to allow gay couples to marry and cements reputation as beacon of liberalism

Taiwan’s constitutional court has ruled that same-sex couples have the right to legally marry, the first such ruling in Asia.

The court, known as the Judicial Yuan, said current marriage laws were “in violation of both the people’s freedom of marriage … and the people’s right to equality”, and it gave two years for legal amendments to allow same-sex marriage.

“If relevant laws are not amended or enacted within the said two years, two persons of the same sex who intend to create the said permanent union shall be allowed to have their marriage registration effectuated,” the court said.

Lesbian, gay, bisexual and transgender rights activists had harboured high hopes their years of campaigning for same-sex marriage would win the court’s backing.

The ruling Democratic Progressive party, which swept national elections in the self-ruled island last year, supports the change.

The ruling cements Taiwan’s reputation as a beacon of liberalism in a region where conservative attitudes largely hold sway and the LGBT community faces increasing persecution.

“Sexual orientation is an immutable characteristic that is resistant to change,” the court said. “Furthermore, the freedom of marriage for two persons of the same sex, once legally recognised, will constitute the collective basis, together with opposite-sex marriage, for a stable society.”

Taiwan, which China regards as a renegade province, has an annual gay pride parade that showcases the vibrancy of its LGBT community.