Same-Sex Marriage in Taiwan: In Perspective of Constitutional Rights and Gender Studies

• Main Authors: Tzu-Yi Hung, 洪慈翊
• Other Authors: Jau-Yuan Hwang
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/46076039475106103390

碩士 === 國立臺灣大學 === 法律學研究所 === 95 === Same-sex marriage is an issue fiercely debated. While some deem the legalization of same-sex marriage as moral degeneration, others consider its denial a violation of constitutional rights. Still others argue from the perspective of the lesbian and gay movement, debating whether legalization constitutes a benefit or an impediment to lesbian and gay liberation. Confronted with so many contrasting views, how would we find the ultimate direction in the same-sex marriage issue that best serves the interests of gay people in Taiwan and of Taiwanese society? The subject matter of this thesis is confined to same-sex marriage in Taiwan since it is an issue highly related to social contexts. I approached same-sex marriage in Taiwan from perspective of constitutional rights and gender studies, employing methodologies such as literature analysis and comparative legal perspective. In order to grasp the social contexts in Taiwan concerning same-sex marriage, I also interviewed several people in the lesbian and gay community, besides referring to other empirical studies. I suggest that we not only legalize same-sex marriage, but also create an institutional option concerning intimate relationships other than marriage for both same-sex and different-sex couples. However, legal reforms need social and cultural support. In response to the traditional values held by most people in contemporary Taiwanese society, we should put an emphasis on deliberation and communication in the process of legal reforms, trying to synchronize legal reforms and social change.