Ministry of Justice criticized over same-sex marriage issue

Taiwanese citizens Nelson Chen (陳敬學) and his partner, Kao Chih-wei (高治瑋) were married in a public wedding six years ago. Formerly, after being turned down when they tried to register their marriage at Taipei Household Registration Office, the couple filed a lawsuit at Taipei High Administrative Court. From March last year, Taipei High Administrative Court held six preliminary court hearings and on 20th December announced the unexpected verdict that it was seeking a constitutional interpretation while holding further debates before making a judgement. Recently, as a result of death threats directed at themselves and their families, Nelson Chen and his partner Kao Chih-wei decided to drop their bid to register the marriage. They began a press conference by apologizing to all their friends and relatives who had given them support.

Chen said that originally the case was to be sent for a constitutional interpretation from the Council of Grand Justices, but this decision was reversed on January 15 this year it demanded further complicated minor written details before progressing. He added that in a democracy the administrative, legislative and judicial processes should be independent, but at present, they suffer from the impact of political wrangling, which is trying to undermine the gay movement. After witnessing the indifferent attitude of the gay community to the issue Chen said he was left feeling powerless. He called on the community to be brave, stand up for what they believe, and fight against the injustices of the administrative system.

Taiwan LGBT Family Rights Advocacy secretary-general Shawn Wu (吳紹文) said it was regrettable they had dropped court proceedings, but respected Chen and Kao for all their hard word over the long and stressful litigation process, the sheer difficulty of which was beyond most people’s comprehension. Miss Wu added although the couple was threatened by irrational violence over the Internet, illustrating Taiwanese society still has a lot of discrimination, the issue of homosexuality must be returned back to court. Even though the court has allowed withdrawal of the court action, the issue cannot be avoided, and the court must take responsibility for this issue, making a clear interpretation of the Constitution.

Ministry of Justice criticized over same-sex marriage issue
URL: http://www.peopo.org/news/108077

(以下為中文對照)

痛批法務部，放棄同志婚姻釋憲！

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台灣第二對公開結婚已達六年陳敬學、高治瑋夫夫，日前向台北市中區戶政事務所登記結婚被拒絕，因而向台北高等行政法院提行政訴訟。高等行政法院從去年三月起開六次《準備程序庭》，當年12月20日開庭宣判結果，並非外界預期可結婚或不准，而是「全案再開辯論，考慮聲請大法官釋憲」。近日，陳敬學、高治瑋夫夫受到網友恐嚇，家人安全受到威脅，因此決定撤銷告訴，特此召開記者會，並於記者會一開始，針對撤告的動作向所有支持他們的親友鞠躬道歉。

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陳敬學表示，本案原請大法官釋憲，但案子於今年1月15日大逆轉，大法官將釋憲責任丟回他們身上，要求提供許多繁瑣之書面資料，民主的國家在行政、立法與司法三方應獨立，但現在卻遭受政治力影響，試圖以拖延的方式打擊同志。另一方面，陳敬學針對台灣同志圈的冷漠感到無力，他呼籲同志們應該勇敢講出內心話，才能產生對抗不公不義行政體制的力量。

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台灣同志家庭權益促進會秘書長吳紹文說，她對於撤銷訴訟感到惋惜，但予以尊重，敬學、阿瑋行政訴訟一路走來的辛苦非外人可理解，甚至在網路上受到非理性暴力的威脅，台灣社會存在對同志很多歧視，但同志議題還是要回到法院。即使法院允許撤告，但這是不能迴避的事情，法院必須負起責任，應主動將此議題釋憲。

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