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Taiwan high court finds way to allow foreigners seeking same-sex marriages

A decision by a household registration office not to permit a same-sex marriage involving a foreign national from a country was revoked by the Taipei High Administrative Court.

Foreign nationals are allowed in same-sex marriage in which such marriages are illegal, and proposed alternate legal grounds on which the marriage could be performed, CNA reported.

The administrative court ordered it to use a superior clause in the same law to conduct such marriages in the future.

The clause it cited, Article 8, states that the laws of foreign states should not be applied if doing so leads to the violation of "the public order or boni mores (good morals) of the Republic of China."

Those amendments, proposed on Jan. 22 by the Judicial Yuan -- the judicial branch that oversees Taiwan's court systems and runs the Constitutional Court -- would revise Article 46 to allow and recognize same-sex marriages as long as one of the partners is a Republic of China (Taiwan) national.

The Judicial Yuan's proposed revisions must be reviewed by the Executive Yuan before being jointly submitted by the two government branches to the Legislature for approval. 


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