Journal of Education & Social Policy

ISSN 2375-0782 (Print) 2375-0790 (Online) DOI: 10.30845/jesp

After Interpretation No. 748 in Taiwan
Chin Shen

This paper analyzes some legislative options of same-sex union in Taiwan after the publication of Interpretation No. 748, the Same-Sex Marriage Case in May 2017. The author will focus on three possible legislative options and try to figure out the best way to implement the demand of Interpretation No. 748. As to discover the most likely solution, this paper takes the German Civil Partnership law as a model of reference for two reasons. First, the Taiwan Civil Code has been compiled based on German laws. Second, the German Civil Partnership law is a successful case passed in 2001 and legalized same-sex marriage in June 2017. This paper argues that a step-by-step legislation is the most plausible approach to provide same-sex partners with legal protection. It could ensure same-sex couples to gain social acceptance progressively while traditional social values will still be preserved.

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