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Taiwan’s top court rules in favour of gay marriage in landmark case

Panel finds current law barring same-sex unions is a violation of the island’s constitution

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A supporter waves a rainbow flag during a rally after Taiwan’s constitutional court ruled that same-sex couples have the right to legally marry, the first such ruling in Asia, in Taipei on Wednesday. Photo: Reuters

Taiwan’s top court, the Council of Grand Justices, ruled in favour of gay marriage on Wednesday, paving the way for the island to become the first place in Asia to legalise gay unions.

The ruling by a panel of 14 grand justices in Taipei said the current law that barred same-sex marriage was a violation of the constitution, as everybody – regardless of gender – should enjoy the same marriage rights.

Watch: Taiwan rules in favour of gay marriage

Lu Tai-lang, secretary general of the Council of Grand Justices, said authorities must revise the civil code within two years to bring about the legislative change. “Even if the authorities fail to revise the law at the end of the two-year period, gay couples can always register with local household offices to make their marriage legal and they will enjoy the same rights as heterosexual couples do,” Lu said.

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The court ruling said disallowing same-sex marriage to safeguard the social order had “no rational basis” and was incompatible with the spirit of equality.

Supporters wave their mobile phone as torches in the colours of the rainbow during a rally celebrating the ruling in Taipei on Wednesday. Photo: Reuters
Supporters wave their mobile phone as torches in the colours of the rainbow during a rally celebrating the ruling in Taipei on Wednesday. Photo: Reuters
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More than 20,000 people took part in a rally held by local gay rights groups near the island’s legislature building in support of marriage equality

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