| Summary: | 碩士 === 世新大學 === 法律學研究所(含碩專班) === 102 === The Constitution of the Republic of China is a compact between individuals and the country. It protects the rights of person to be free from infringements and sets up restrictions to demand the president not to abuse his rights. “Marriage” and “family” both serve as an intermediate group between the country and its people. Both groups are the most important space to realize freedom of personality. We can hardly find out anything expressly stipulated in writing in the Constitution that will ensure marriage and family. People can turn to nothing but only rely on J.Y. Interpretation. J.Y. Interpretation has built up some laws and regulations set forth in the Constitution for marriage and family systems. The constitutional standards are interpreted by grand justices to draw a map for family system. Yet, people live a diversified lifestyle and the way people exchange their feelings began to change in post-industrial Taiwan. Marriage is more than just an option to breed next generation or pay homage to the ancestors. It’s different from the way of thinking taken from the old belief and the order set up by the elder who used to follow the way of traditional marriage. People wonder if the grand justices can carry on the mission set forth in the Constitution as the protector of our people. They doubt it if the grand justices can still maintain both the traditional way of marriage and family order. Or perhaps, the grand justices will provide a statement of promise to ensure marriage and family can both receive the space to develop its diversity, and may have different ways of interpreting both terms. Or else, the grand justices would accept a new idea to define marriage and family. Yet, they can still respect the legislators who set up the laws and a space of freedom naturally formed thereafter. (It also contains the freedom of voting down legislation.) To choose whether to adopt either value is the most challenge the grand justices currently face with concerning the right to marriage and the right to family for homosexual couple.
This paper made an assumption to point out the idea that the Law shall abstain from the mainstream ideology of nuclear family as they talk about the function of fertility in marriage. The Law shall let the ensured body go back to individual begotten from marriage and family systems. It shall protect the right to get married or the right to turn down a proposal. It shall also protect the right to form a family or refuse to walk into a family. People shall reserve the right of equality to choose the kind of marriage they want and their family partner. They shall have the right to decide what kind of lifestyle they want and to live a life they want. The freedom and equality of personality can thus be realized and put into action. It can thus correspond to the values and spirits carried out by the Constitution to ensure family system. This paper also explored various ways of for those who would like to unite as one for homosexual couples under the culture and customs of our country. This is the right way to fulfill their ideal way of love for homosexual couples throughout these years. Hopefully, this paper can draw up a few points and advice for the Academy.
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