When Taiwan’s Civil Code of Marriage banned same-sex marriage, it contradicted the nation’s constitutional freedom and equality clauses. In order to implement the Right to Marry and Freedom of Marriage amendments, Taiwanese LGBTQ activists took legal action to change this inequality within the marital status. This thesis analyses how Taiwan came to legalise same-sex marriage through litigation and legal reform. By examining the legal grounds, motivation and strategies that went into implementing the same-sex marriage law in Taiwan, the analysis follows the stages of legal reform and evaluates the legal consequences based on the legal theory. Also, the theories of Nussbaum and Pierson allow for viewing the issue from both legal and philosophical theoretical aspects. Finally, after examining the Act for Implementation of J.Y Interpretation No. 748, this thesis aims to show the full picture of the establishment of the same-sex marriage law in Taiwan and how the result of implementing same-sex marriage laws benefits both the LGBTQ community and Taiwanese society. The conclusion addresses some challenges and future hopes for Taiwan, as it is the first nation to have legalised same-sex marriage in Asia.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:mau-44037 |
| Date | January 2021 |
| Creators | Wang, Xin |
| Publisher | Malmö universitet, Fakulteten för kultur och samhälle (KS) |
| Source Sets | DiVA Archive at Upsalla University |
| Language | English |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
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