宗教性院校拒絕同志入學案的憲法爭議：以台南神學院為例

Constitution debates over religious school’s rejecting against homosexual student: In the case of Tainan Theological College and Seminary

本文以台南神學院拒絕同志身分的應試生入學為例，藉以顯示同志與宗教的衝突將發生在各種具宗教性大專院校招收學生的條件裡。神、佛學院存在台灣社會已久，然而宗教研修學院長久以來卻一直未受法制規範。欲解決台南神學院拒絕招收同志身分的學生此一案件，須先就神學院的本質定性，定其究屬公權力委託或宗教團體的自治權能；再者為同志應試生，在本案中可以主張何種權利。從憲法角度來看國家與宗教的關係，分析國家在宗教教育的領域上能夠涉入的程度，再將具備宗教色彩的高等教育機構依照程度加以類型化。最後分析出台南神學院一案乃屬第三人侵害的基本權衝突：本案係宗教團體自治權與個人從事宗教活動自由的衝突，並透過利益衡量得出本案的結論。 Using the case study of Tainan Theological College and Seminary （TTCS）, this paper explores the controversial theme of conflicts between those college gay students and the religious higher institutions with respect to their enrollment policy. Given the Theological Colleges nd Buddhist Academy have been long established in Taiwan, their indeed lacks of necessary regulations to better govern, and accordingly the case of TTCS seems prominent and inevitable. To solve issues of this kind in the future, this paper argues that we ought to firstly define the fundamental character of these Theological College and Seminary n whether they are commissioned to set up by the public authorities, or they are simply self-governed by those religious institutions and organizations. Following this kind of defining, we then move to discuss the “rights” issues concerning the gay students may be able to claim as an entrance examination taker. Specifically, viewing this case from the state-religion relations, this paper analyses how and to what extent the state may be permitted to get involved in the sphere of religious education, and moves on to categorize those Theological Colleges and Buddhist Academies by creating typologies in accordance to their differing degrees of religiousness. Lastly, this paper concludes that the case of TTCS falls into the typology of violating and conflicting basic human rights by the third-party. The case per se highlights the fundamental conflicts between those religious groups exercising their autonomy and individuals engaging in personal religious freedom, and draw its conclusions from considering the balance of interests from those parties concerned.

Using the case study of Tainan Theological College and Seminary （TTCS）, this paper explores the controversial theme of conflicts between those college gay students and the religious higher institutions with respect to their enrollment policy. Given the Theological Colleges nd Buddhist Academy have been long established in Taiwan, their indeed lacks of necessary regulations to better govern, and accordingly the case of TTCS seems prominent and inevitable. To solve issues of this kind in the future, this paper argues that we ought to firstly define the fundamental character of these Theological College and Seminary n whether they are commissioned to set up by the public authorities, or they are simply self-governed by those religious institutions and organizations. Following this kind of defining, we then move to discuss the “rights” issues concerning the gay students may be able to claim as an entrance examination taker. Specifically, viewing this case from the state-religion relations, this paper analyses how and to what extent the state may be permitted to get involved in the sphere of religious education, and moves on to categorize those Theological Colleges and Buddhist Academies by creating typologies in accordance to their differing degrees of religiousness. Lastly, this paper concludes that the case of TTCS falls into the typology of violating and conflicting basic human rights by the third-party. The case per se highlights the fundamental conflicts between those religious groups exercising their autonomy and individuals engaging in personal religious freedom, and draw its conclusions from considering the balance of interests from those parties concerned.