The object for petition for interpretation of the Constitution
Are betrothed parties limited to opposite sex?
Are adopters limited to opposite-sex parents?
Article 972 of the R.O.C. Civil Code prescribes that “An agreement to marry shall be made by the male and the female parties in their own [con]cord.” Article 982 of such code provides that “A marriage shall be effected in writing, which requires the signatures of at least two witnesses, and by the registration at the Household Administration Bureau.” Same-sex partners are not entitled to register their marriage, for in practice, it is considered that marriage registration shall be made only by “both men and women”. Nonetheless, whether the exclusion of same-sex couples from marriage registration infringes on the marital freedom of non-heterosexual population could be in question. And because of that, some legislators had proposed the revision of relating provisions to the Legislative Yuan and had them passed the first reading. However, such proposal triggered furious arguments between those who support and those who don’t. Civil groups with different perspectives stood out on the streets to elaborate their opinions and beliefs, which also ignited the worries of whether the Family and Marriage Institution ensured by the Constitution would collapse. The amendment was therefore in abeyance at the Judiciary and Organic Laws and Statutes Committee of the Legislative Yuan.
To express opinions in the streets shall be beneficial to the arising of all citizens’ concern and thoughts for legislative bills. However, it is eventually within the Legislative Yuan, where the decisions of forming an institution are made. If different opinions, or even those which are seen as sharp conflicting insights within the constitutional level, could be given an opportunity to be debated rationally, it should facilitate the elimination of disputes, the eradication of disagreements and the finding of solutions that could meet all needs. With the aim of providing a constitutional rational debate forum for the discussion of same-sex marriage legislation, the NCTU Institution of Technology Law Moot Constitutional Court program is to invite civil groups and legal experts that are concerned about such issue to convene a Constitutional Court Simulation, and hold oral arguments on whether Articles 972, 1072 and the former part of Article 1074 of the Civil Code violate the basic principles of the Constitution.