| 英文摘要 |
Marriage is the foundation of the family and society. It is well es-tablished that marriage is essentially the union of a man and woman. However, as the result of complex and changing social developments, there have been a wide variety of life unions. In response to these developments, marriage equality for same-sex couples has been much discussed in recent years.
This Paper aims to consider the constitutionality of the same-sex marriage bans under Article 972, 973, 980 of the Civil Code. This Article first recognizes same-sex couples have the fundamental right to marry contained in Article 22 of Constitution after considering the ar-guments from the view point of tradition, ethic and religion. Second, this Paper presents that the prohibition on same-sex marriages violates Article 7 of Constitution’s guarantee of equal protection because of discrimination between opposite-sex couples and same-sex couples without the rational relation to a legitimate government interest, let alone the violation of the heightened standard applied to strict scrutiny review of sex-orientation discrimination cases. Therefore, this Paper concludes that the same-sex marriage bans under Article 972, 973, 980 of the Civil Code is unconstitutional.
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