台湾同婚释宪真的保障人权吗? Will Taiwan court ruling improve equality?

台湾同婚释宪案的起源,是因台湾同运人士祁家威于2013年3月与男伴到台北登记结婚被驳回,行政诉讼失败后,提出民法规定「同性别二人间不能成立法律上婚姻关系」有违宪法.台北市政府民政局更进一步要求大法官解释婚姻限制为一男一女结合是否违宪.大法官指定在5月24日会做出本案合宪或是违宪的解释文. 台湾总理蔡英文去年获选后宣布他支持同婚.

(参考文件 Original Source: “检视台湾「同婚释宪案」意见书:综合分析”,香港性文化学会/四月24, 2017作者:关启文(香港浸会大学宗教及哲学系教授兼系主任)blog.scs.org.hk)

Taiwan_court.png

昨日下午四时,台湾大法官同婚释宪宣布现行法律未使同性结婚属违宪,法务部须在两年内修法。

这次释宪,有法学专家指出,完全是政治决定,超越司法院职权范围,监察院将进入调查。可见,台湾同婚争议不会因为昨日释宪结果而终止.

The Taiwan constitutional court ruling yesterday regarding same-sex marriage follows a landmark case in Mar 2013 when the gay rights activist Chi Chia Wei’s application to marry his partner was rejected. With the support of the Taipei city government Department of Civil Affairs, a request was made to the Consititutional court to determine whether the civil law definition of marriage as a union between a man and a woman violates constitutional law. The court was asked to report on this by 24th May. Taiwan’s president Tsai Ing Wen announced that she supported Same sex marriage when she was elected last year.

Yesterday at 4pm the court ruled that the civil law defining marriage as a union between a man and a woman violates constitutional guarantees of equal protection, and recommended Taiwan changes the law within two years.

Legal experts have pointed out that yesterday’s ruling is mainly a political decision and that further investigations by the Supervisory office is required to determine whether the Justice Court’s ruling is within its terms of reference. It appears that the same sex marriage controversy in Taiwan is unlikely to come to an end because of yesterday’s ruling.

婚姻平权意旨在争取婚姻二人的个人权利,但修改婚姻法对社会其他人的权利却造成坏的影响.在同性伴侣抚养下长大的孩子们告诉我们,我们需要聆听他们的故事,需要保障他们的权利.

Millie Fontana 是一对女同伴侣通过人工受精获得的孩子,Millie和许多其他同性恋家庭中长大的孩子一样,他们爱他们的同性恋家长们,但是他们反对同性婚姻立法.

同性伴侣获得了“自己需要一个孩子”的权利,却剥夺了无辜的孩子与亲生父母在一起成长的权利。所以,以“人权、平等”为口号争取的同性婚姻立法,究竟是“爱”还是“自私”呢?

The call of “Marriage equality” is to fight for the rights of the two people getting married. However, changing the marriage law adversely affects the rights of others in the wide society. We need to hear the stories from children who grew up under same sex parents. They are telling us to protect their rights.

Millie Fontana is child of a lesbian couple via artificial insemination. Like many children who grew up in same sex families, they love their same sex parents, but they oppose legalising same sex marriage.

When same sex couples gain their rights to have children, it takes away the rights of the child to grow up with their birth parents. We must ask is it indeed “love” or is it “selfishness” that drives the call to fight for marriage “equality”?

http://www.acfam.org.au/millie_fontana_video