| 英文摘要 |
The purpose of this article is to analyze the J.Y. Interpretation No. 748 concerning the Same-Sex Marriage in Taiwan Constitutional Court. This article draws three critique remarks from the interpretation. Firstly, Justices of the Constitutional Court cut wrongly the relationship between Chapter II Marriage and Chapter III Parents and Children in Taiwan Family Law, and limits the object of unconstitutionality review only to the Chapter II Marriage. Secondly, Justices of the Constitutional Court ignore Art. 1223 in Chapter VI House, which could provide two persons of same-sex who live in the same household with the object of maintaining the common living permanently, acquire their house member status as a permanent union relationship. And this permanent union relationship regulated in Art. 1223 can exactly correspond to the requirement of Freedom of Marriage instituted by Justices of the Constitutional Court for the people of same-sex orientation. Thirdly, this article advocates nullifying the last part of Interpretation, which replaces the power of the legislator to decide the same-sex marriage law, by reason of violating the separation of powers in the constitutional order |
