The Analysis of Controversy over Same-sex Marriage

• Main Authors: LIN,WEN-CHIEH, 林文傑
• Other Authors: LEE, JYUN-YI
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/xqwp34

碩士 === 國立中正大學 === 戰略暨國家安全碩士在職專班 === 105 === In recent years, same-sex marriage has become one of the most contentious subjects in Taiwan. This study attempts to answer three questions. First, from the religious point of view, whether same-sex marriage is a good thing? Second, what are the legal controversies over same-sex marriage? Third, what are the institutional problems after the legalization of same-sex marriage?For the first question, this study finds out that major religions in Taiwan all emphasize the importance of ethics and morality, no matter the religion is Christianity, Catholicism, or Buddhism. As a result, these three religions take the stand of opposing same-sex marriage. They also attach importance to the welfare of children and the next generation.For the second question, this study holds that the provisions of the Civil Code, which do not allow two persons of the same sex to marry, are not in violation of both the freedom of marriage as protected by Article 22 and the right to equality as guaranteed by Article 7 of the Constitution. In essence, same-sex marriage of homosexuals and the traditional marriage of heterosexuals are different. So, the claim that the Civil Code does not allow two persons of the same sex to marry does not violate the spirit of the Constitution.For the third question, this research shows that, the institution of marriage amounts to the union of“husband and wife”and“a man and a woman.” Same-sex marriage has changed the meaning of the institution of marriage specified in the prior Judicial Yuan Interpretations. In this regard, enacting a law about same-sex partners does not violate the Constitution. The interpretation of No.748 in our Constitutional Court, has taken the extraordinary step of recognizing same-sex marriage. It is a gross mistake.