Following the constitutional court’s ruling, Taiwan’s government will have two years to reverse its current marriage laws.
“Furthermore, the freedom of marriage for two persons of the same sex, once legally recognized, will constitute the collective basis, together with opposite-sex marriage, for a stable society”, it said.
The decision ordered the government to change the law to reflect the ruling of the court, but said it was up to the government as to how this was done.
On the day when Taiwanese top court allowed same-sex marriages, a picture of two gay men being publically caned in the Asian country Indonesia attracted eyeballs.
“It will be a barometer of human rights protection in the region as Asia follows the United States’ and Europe’s steps to recognise same-sex marriages”, he said.
Chi Chia-wei began the fight for LGBTQ rights on the island when he came out as gay in the 1980s, at the end of Taiwan’s period of martial law and authoritarian rule following the country’s separation from mainland China.
Supporters of same-sex marriage wave rainbow Taiwan flags Wednesday after the Constitutional Court ruled in favor of gay marriage.
The president of Taiwan, Tsai Ing-wen (who is Taiwan’s first female president), and the ruling Democratic Progressive Party have previously expressed support for marriage equality.
Gays and lesbians in Taiwan have formed an effective lobby in recent years, with an annual Gay Pride march drawing tens of thousands.
The Committee in Taiwan’s Legislature passed an amendment to include same-sex marriage in the Civil Code of the country on 26 December.
Back in 2013, Taiwan’s Interior Ministry surprised many when it decided “not to revoke a marriage between two trans women”, as Gay Star News reported.
Those in favour of same-sex marriage have said they expect the ruling will be positive. “Family conflicts will increase and the whole definition of marriage will be changed”, said Andrew Chang, a spokesman for an anti-gay marriage group Alliance of Religious Groups for the Love of Families Taiwan.
Elsewhere in Asia, the LGBT community has been facing increased persecution. They could either legalise same-sex marriage or introduce new separate civil partnership legislation.