Document Type
Article
Disciplines
International Law
Abstract
While Taiwan's same-sex marriage legislation marked a historic first in Asia, it specifically limited cross-border same-sex marriages to instances when a foreign partner's country of origin also recognizes same-sex marriages. Although the applicable law is facially neutral and only stipulates that any marriage in Taiwan "is governed by the national law of each party," it is defacto discriminatory in practice because one class of its citizens-those who wish to marry their same-sex partners from countries that do not recognize gay marriage-are unable to meet Taiwan's marriage requirements. Taiwan's restriction of same-sex cross-border marriages is problematic in two ways: (1) it violates Taiwanese domestic law and its promises to uphold international law, and (2) it goes against the choice of law norms of every other country in the world that has legalized same-sex marriage. In keeping its international law promises, and in order to follow standard same-sex marriage conflict of laws principles, Taiwan should issue a new interpretation of its own cross-border marriage law and grant all individuals the same rights and privileges related to marriage.
Recommended Citation
Nolan, Shannon, "Love Blocked by the Border: How Taiwan's Restriction on Cross-Border Same-Sex Marriage Violates Its Promises Under International Law and Contravenes Customary Practices" (2021). Connecticut Journal of International Law. 624.
https://digitalcommons.lib.uconn.edu/cjil/624
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