Taiwan: Step taken toward allowing international same-sex marriages

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01/25/2021

Taipei, Jan. 22 (CNA) The Judicial Yuan on Friday approved draft revisions to a law that would grant recognition to all international same-sex marriages, except for those involving a partner from China, and said it will send them to the Legislature for review. The changes would apply to Article 46 of the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements, which states that “the formation of a marriage is governed by the national law of each party.” In practice, this has meant that same-sex couples involving a partner from a country in which gay marriage is illegal are not allowed to marry in Taiwan or have a marriage conducted in a third country legally recognized. In a press release, the Judicial Yuan said it had recommended changing the law to allow and recognize such marriages as long as one of the partners is a Republic of China (Taiwan) national. It explained the decision by noting that gay marriage is currently only legal in 29 countries around the world. Despite its recommendation, the Judicial Yuan said the changes would not apply to couples involving a partner from China, which is subject to separate laws governing Taiwan-China relations.

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