Blog of the International Journal of Constitutional Law

Tag: Obergefell v. Hodges

  • Responsibility and Judgment in a Muted 3-D Dialogue: A Primer on the Same-Sex Marriage Case in Taiwan

    —Ming-Sung Kuo, Associate Professor of Law, University of Warwick & Hui-Wen Chen, Research Assistant, University of Warwick The Taiwan Constitutional Court (TCC) made its long-awaited decision on same-sex marriage on May 24, 2017 (the Same-Sex Marriage Case). In this landmark ruling (JY Interpretation No 748), the TCC declares that the exiting provisions on marriage in the Civil Code, which essentially limits marriage to opposite-sex couples, unconstitutionally restricts gay people’s freedom of marriage under Article 22 (a catch-all clause on unenumerated fundamental rights) and violates the equal protection under Article 7 in the Constitution.