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Laws cannot contradict constitutional interpretation: Judicial Yuan

2018/11/29 14:13:43

Taipei, Nov. 29 (CNA) Interpretation No.748 from Taiwan's Constitutional Court is a decision from the highest ranks of the legal hierarchy, and any law that follows from the passing of referendums opposed by same-sex marriage advocates last Saturday cannot contradict that interpretation, the Judicial Yuan said Thursday.

In a meeting held by the Judiciary and Organic Laws Committee of the Legislative Yuan, Judicial Yuan Secretary-General Lu Tai-lang (呂太郎) said that Interpretations from the Constitutional Court have a ranking equal to that of the Republic of China Constitution.

Lu added that although three referendums initiated by opponents of same-sex marriage being included in the Civil Code were passed, legislative institutions cannot draft laws that run counter to constitutional Interpretation No. 748, which ruled on May 24, 2017 that the prohibition of same-sex marriage in the Civil Code was unconstitutional and new regulations should be introduced within two years to protect same-sex marriage.

Executive Yuan spokeswoman Kolas Yotaka said Nov. 25 that the government will draw up a draft for a separate law in three months to extend equal marriage rights to same-sex couples and send it to the Legislative Yuan.

All three referendums initiated by the Coalition for the Happiness of Our Next Generation (ANGH) were passed Nov. 24. Those proposed excluding homosexual education from elementary and middle schools, restricting marriage as defined in the Civil Code to being between a man and woman, and drafting a separate law to protect gay marriage.

Two referendums supporting the inclusion of same-sex marriage in the Civil Code and the teaching of homosexual education in elementary and middle schools were rejected.

(By Chen Chun-hua and Chi Jo-yao)
Enditem/AW