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Same-sex union refusal has been revoked-Taipei Times

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The trial took less than five minutes and followed three similar verdicts, but it may still not be able to resolve the issue of some couples being rejected.

The Taipei High Administrative Court ruled yesterday that a Taiwanese and his Japanese partner should not have been prevented from registering same-sex marriage with a local household registration office.

The court invalidated Taipei’s Daan office’s decision to reject the marriage registration application submitted by Le Ingen and Eisaburo Ariyoshi on May 7, last year, which should be accepted. Said that.

Three years after Taiwan legalized same-sex marriage, Lou and Ariyoshi are free to marry unless they appeal within 20 days of the verdict of the family register office.

Photo: CNA

“We’ve been together for seven years and now we can legally become husbands and husbands,” Lu, 34, said at a press conference after a less than five-minute trial.

Ariyoshi, 42, added that he and Lou had a wedding shortly after Taiwan legalized same-sex marriage in May 2019, adding that the result was “really, really happy and reassuring.”

Lu and Ariyoshi filed a proceeding in December last year after the marriage application was rejected by two household registration offices. Home Office rules prohibit same-sex marriage involving at least one partner in a country or region that does not. Admit such a union.

Despite the rulings of three Taipei Higher Administrative Courts supporting couples involving partners in Malaysia, Macau and Singapore since March last year, the ministry has said that such marriages under Article 46 of the Law Governing Choices. Reiterated that it is legally required to refuse registration. Civil law, which includes foreign elements (the law applicable to foreign civil law), states that the formation of marriage is governed by the domestic law of each party’s home country.

The ministry’s rules have prevented at least 467 international same-sex couples (including those who have registered for marriage in a third country) from registering for marriage in Taiwan, the Taiwan Alliance said it would promote the right to civil partnership. Free support for Lu and Ariyoshi.

Alliance Secretary-General Chien Chih-chieh said the continued refusal of certain international same-sex marriages was “illegal.”

Mr. Chen said the 4th Taipei High Administrative Court ruling in favor of such couples showed that no revision of the law was necessary and was inconsistent with the government’s position.

The amendment sent by the Judicial Yuan to the Executive Yuan in January last year has not yet been approved, Chen said, by issuing another directive or taking other steps to the government. He called for immediate permission of the International Same-sex Union.

May Cabinet spokesman Lo Ping-cheng said the draft had been discussed several times over the past year, but more evaluation and communication is needed before the amendment is sent to Congress. Stated.

Mr Chien said her organization will continue to help international same-sex couples sue the government over rejected marriage registrations.

Victoria Sue, a lawyer working with the alliance, called on the Dahn Household Registration Authority not to appeal yesterday’s ruling, saying it was “wasting judicial resources.”

Mr Sue said the government should act in accordance with a constitution that guarantees freedom of marriage and equal rights for all.

The ministry said in a press release that it respected the ruling and the family register’s right to appeal.

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https://www.taipeitimes.com/News/taiwan/archives/2022/07/22/2003782209 Same-sex union refusal has been revoked-Taipei Times

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