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Posted: 2017-05-25 01:26:39

Posted May 25, 2017 11:26:39

Taiwan's constitutional court has declared that same-sex couples have the right to legally marry, the first such ruling in Asia, sparking celebration by activists who have been campaigning for the right for years.

Key points:

  • Taiwan's court rules that "sexual orientation is an immutable characteristic"
  • LGBTQ activists celebrate and hope that the ruling influences the Asian region
  • In stark contrast, two gay men were lashed 83 times this week in Indonesia

"Sexual orientation is an immutable characteristic that is resistant to change," the court said in its ruling.

"Furthermore, the freedom of marriage for two persons of the same sex, once legally recognised, will constitute the collective basis, together with opposite-sex marriage, for a stable society."

The court, known as the Judicial Yuan, said current marriage laws were "in violation of both the people's freedom of marriage ... and the people's right to equality", and it gave two years for legal amendments to allow same-sex marriage.

"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," the court said.

Lesbian, gay, bisexual and transgender rights activists had harboured high hopes their years of campaigning for same-sex marriage would win the court's backing.

Hundreds of supporters of same-sex marriage gathered in the street next to the island's Parliament to celebrate the decision, holding colourful umbrellas to ward off a drizzle.

"It's a moment we've been waiting for," LGBTQ columnist William Yang told the ABC from Taipei.

The ruling Democratic Progressive Party that swept national elections in the self-ruled island last year supported the change.

'We're hoping this is just the beginning'

The ruling clearing the way for same-sex marriage is the first in Asia, where socially conservative attitudes largely hold sway.

Just this week, two gay men in Indonesia's Aceh province were lashed 83 times each after vigilantes found them privately having sex and reported them to authorities.

Following the ruling, Mr Yang told the ABC that he hopes it paves the way to more progressive values throughout the region.

"It's definitely unprecedented in [a region where] we have witnessed so much persecution of LGBTQ communities in the past few weeks, like the persecution we saw in Indonesia," he said.

"We're definitely hoping that this is just the beginning of more progressive values being recognised and adopted in Asia."

Taiwan, which China regards as a renegade province, has a celebrated annual gay pride parade that showcases the vibrancy of its lesbian, gay, bisexual and transgender community.

ABC/wires

Topics: world-politics, gays-and-lesbians, courts-and-trials, taiwan, asia

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