In 2013, Petitioner Chia-Wei Chi’s application for marriage registration was rejected by the Household Registration Office at Wan-Hua District of Taipei City. After exhausting the ordinary judicial remedies, Chi filed a petition to this Court in August 2015. He claimed that Articles 972, 973, 980, and 982 of the Civil Code, prohibiting same-sex marriage, violate the Constitution. Another Petitioner, the Taipei City Government, petitioned to this Court in November 2015, claiming that the Marriage Chapter of the Civil Code is in violation of the Constitution. This Court decided to consolidate these two petitions and heard oral arguments on March 24, 2017.

The Constitutional Court ruling:

  The provisions of Chapter 2 on Marriage of Part IV on Family of the Civil Code do not allow two persons of the same sex to create a permanent union of intimate and exclusive nature for the purpose of living a common life. The said provisions, to the extent of such failure, are in violation of constitution’s guarantees of both the people’s freedom of marriage under Article 22 and the people’s right to equality under Article 7. The authorities concerned shall amend or enact the laws as appropriate, in accordance with the ruling of this Interpretation, within two years from the announcement of this Interpretation. It is within the discretion of the authorities concerned to determine the formality for achieving the equal protection of the freedom of marriage. If the authorities concerned fail to amend or enact the laws as appropriate within the said two years, two persons of the same sex who intend to create the said permanent union shall be allowed to have their marriage registration effectuated at the authorities in charge of household registration, by submitting a written document signed by two or more witnesses in accordance with the said Marriage Chapter.

https://cons.judicial.gov.tw/jcc/en-us/contents/show/p2kdmcuv4dakqngi