Gay Primary Source

Friday, May 26, 2017

Taiwan Court Rules for Marriage Equality - First in Asia

" (1) 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 committed purpose of managing a life together. The said provisions, to the extent of such failure, are in violation of both the people’s freedom of marriage as protected by Article 22 and the people’s right to equality as guaranteed by Article 7 of the Constitution.

(2) The authorities concerned shall amend or enact relevant laws, in accordance with the ruling of this Interpretation, within two years from the issuance 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.

(3) If relevant laws are not amended or enacted 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. "

From summary of ruling, by Clerk of the Court, by Constitutional Court, Republic of China (Taiwan), May 24, 2017.

     Click here to read the entire press release (in Chinese) - click press release.pdf for English


Tuesday, May 23, 2017

Canada Honors Marriage Equality

" At an event today in downtown Toronto, Canada Post unveiled a stamp commemorating the 2005 passage of the Civil Marriage Act, which made marriage equality the law throughout Canada. Grassroots activists, government officials and community members attended the unveiling, catching the first glimpse of the new stamp, which features the iconic rainbow symbol. The unveiling was held at and in partnership with The 519, a City of Toronto agency committed to the health, happiness and full participation of LGBTQ communities.

The marriage equality stamp is the fourth in a set of 10 that Canada Post is issuing to celebrate Canada’s 150th year since Confederation. Collectively the stamps highlight historic moments that have taken place in our nation over the past 50 years. Canada Post’s stamp advisory committee, which includes historians, collectors and artists, selected these 10 milestones that together have helped shape the story of Canada... "

Canada Post, May 9, 2017.

     Click here to read the entire press release

Tuesday, May 16, 2017

Bermuda Court Rules for Marriage Equality

… I hold that: The common law definition of marriage, that marriage is the voluntary union for life of one man and one woman, and its reflection in the Marriage Act ... are inconsistent with the provisions ... of the HRA [Human Rights Act] as they constitute deliberate different treatment on the basis of sexual orientation. In so doing the common law discriminates against same-sex couples by excluding them from marriage and more broadly speaking the institution of marriage.

The court examined the common law definition of marriage through the broad scope of the HRA. That scope encompasses and reflects the changing values in the modern democracy that Bermuda is. Those changing values are reflected in decisions that have emanated from the Supreme Court. The courts have struck down legislation that discriminated against a same-sex male couple from adopting a child. Further it struck down immigration legislation that treated a non-Bermudian same-sex partner of a Bermudian differently from a non-Bermudian opposite-sex from a partner of a Bermudian regarding a classification of immigration status. Against the legal, social and cultural back drop of changing attitudes regarding same-sex relationship and sexual orientation it is fair to say that notions such as marriage or the institution of marriage being predicated upon heterosexual procreation and marriage being the main and most effective means of rearing healthy, happy, and well-adjusted children, to borrow a phrase from the Chief Justice, have been turned on their heads.

Their historic and insular perspective as reflected in the common law definition of marriage is out of step with the reality of Bermuda in the 21st century.

… The common law is by definition judge made law. As such it is a creature of change... “the common law does not remain static. Its very essence is that it is able to grow to meet the expanding needs of society.” On this basis, I think that it is apt that the Court should develop the common law by giving effect to the will of Parliament as expressed in the HRA... I believe that as a matter of internal and external cohesion and legal certainty it would be appropriate for the Court to remedy those sections and grant appropriate declaratory relief along the lines of those drafted below subject to hearing counsel on the precise terms of the final Order to be drawn up to give effect to the present Judgment...

The Applicants are entitled to an Order of Mandamus compelling the Registrar to act in accordance with the requirements of the Marriage Act; and

A Declaration that same-sex couples are entitled to be married under the Marriage Act 1944.

I include below a draft regarding other Declarations and possible reformulations of relevant sections of the Marriage Act and Matrimonial Causes Act...

The definition of marriage to be inoperative to the extent that it contains the term “one man and one woman” and reformulated to read “the voluntary union for life of two persons to the exclusion of all others... "

Charles-Etta Simmons, PJ, Supreme Court of Bermuda, May 5, 2017.

      Click here to read the entire decision