Time is always changing, and so does the society. The number of countries recognizing gay rights is increasing rapidly. More and more people are coming up and confronting of being gay. What once was a taboo, is now becoming something that society has began accepting.
Sexual behavior in human male, Alfred Kinsey (1948) surprise the world by saying 10% of the male population is homo-sexual. A report by Janus (1993), states that 9% or men and 5% of women have had more than “occasional” homosexual encounters.
Taiwan has announced the legalization of same-gender marriages and is set to be the first one in Asia. This Asian country is known for its diversity and amazing tourist attractions, Taiwan also has a massive gay population. With a population of 23.5 million in total, Taiwan holds a gay population of 1.3 million people. That’s 1 out of every 18. Significant enough that they should get their rights. Hundreds and thousands gather in front of the parliament demanding their rights.
Taiwan is on its way to a similar constitution to be implied in a 2 years time. As the decision was announced, crowds erupted in cheers of joy and happiness waiting for the decision of the court outside the parliament. Gay rights supporters celebrate as the court announced, banning of same-gender marriage is unconstitutional. The Constitution Court ruling claimed that the Taiwanese civil code was in violation of the constitution which banned two same gender individuals from marrying each other. This top court has ruled that the country’s ban on same-sex marriages is unconstitutional, a revolutionary decision for Lesbian, Gay, Bisexual and Transgender (LGBT) rights.
"The provisions of Chapter 2 on Marriage of Part IV on Family of the Civil Code do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the committed purpose of managing a life together," as read.
"The said provisions, to the extent of such failure, are in violation of both the people’s freedom of marriage as protected by Article 22 and the people’s right to equality as guaranteed by Article 7 of the Constitution."
The court’s decision ordered the government to revise the law to reflect court’s decision within two years, but said it’s up to the government how to implement it. Upon ruling, Taiwan will be the first Asian country to allow same-sex marriages. Second in the Asia-Pacific region, after New Zealand in 2013.
The court considered making this decision after two different law suits that questioned the constitutionality of a clause banning same-gender marriages in the Civil Code. One of the suit was brought in by the Taipei City Government, and the other by a longtime gay activist Chi Chia-wei, who spent time in prison in 1986 and came out as a gay.
At a press conference, chi thanked all involved in the court proceedings, who has been fighting for marriage equality for over three decades. He called for “forgiveness, forgiveness, forgiveness, and communication, communication, communication” with anti–same-gender marriage groups.
In a press conference the court released the reason of the decision is that the freedom to same-gender marriages will contribute to a ‘stable society’. "The need, capability, willingness and longing, in both physical and psychological senses, for creating such permanent unions of intimate and exclusive nature are equally essential to homosexuals and heterosexuals, given the importance of the freedom of marriage to the sound development of personality and safeguarding of human dignity," it said.
"The current provisions of the Marriage Chapter do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the committed purpose of managing a life together. This is obviously a gross legislative flaw."
The court even said, if the government doesn’t amend the law within 2 years, homo-sexual couples will be allowed to register their marriages anyway.
On December 26, 2016, a draft charge for same-sex marriage passed a first perusing in a Taiwanese parliamentary board of committee. Under the steady gaze of it progressing towards becoming a law, it will be liable to gather arrangements and must pass a second and third reading.
The Taiwanese president, Tsai Ing-wen, who supports same-gender marriage equality, wrote on Facebook. "Dear fellow people of Taiwan, the ruling is not a win or a lose. No matter what your stance is on the issue of same-sex marriage, this is a moment to look at all those around us as our own brothers and sisters".
Mayor of the City of Taipei also posted on Facebook, saying that "This is a historic moment. I often say, 'Don't be afraid of conflict, but we must have a mechanism to resolve this conflict.”