CCS J. 02 Declared

 No. 2

 2014.08.01

Article 972, 982, 1074 and 1075 of the Civil Code which provides that only heterosexual couples’ have a right to get married and to adopt a child together but de facto excludes homosexual couples from enjoying these rights, violates homosexual persons' human dignity. The Court concludes that the mentioned articles of the Civil Code disregard homosexual persons' aforementioned rights and treat their marriage as less respected than others and that they are therefore partially in violation of the equal protection clause of Article 7, the freedom of speech of Article 11, and preservation of personhood and dignity of Article 22 of the Constitution, as well as inconsistent with the intent of Article 10.6 of the Additional Articles of the Constitution which obligates the State to eliminate sexual discrimination and to further substantive gender equality. Until the Legislative Yuan adheres to this holding and amends the law, everyone of marriageable age shall enjoy the rights to marriage and to adopt a child under the Civil Code regardless of the couple’s gender.

Article 1072 of the Civil Code, which provides for a definition of adoptive parents rather than restricting and restraining people’s right to adopt a child, does not violate the Constitution.