A court in Taiwan ruled yesterday in favor of a Macau-Taiwanese couple who were barred by a local registry from getting married because Macau does not recognize same-sex marriage.
Originally from Macau, Guzifer Leong’s application to marry his boyfriend, Shinchi Ting, was not accepted by a registry in Taiwan in 2019. The reason given was that, according to inter-jurisdiction marriage regulations in Taiwan, the two participants must be from a place that recognize same-sex marriage.
To support his eligibility, Leong argued that he relocated to Taiwan in 2017 and has since considered Taiwan his home. He added that he has been living and operating a pastry shop with his partner in Taiwan, making it his habitual residence.
Macau’s Civil Code was also cited during the hearings. The lawyers representing Leong and Ting pointed out that marriage regulations in Macau are personal laws, meaning that there is a focus on a person’s habitual residence. On this foundation, the lawyers believe Leong’s marriage should only concern Taiwanese laws.
This ruling is not generally applicable.
Appeal is still possible and permitted at this stage.
Taiwan passed Asia’s first same-sex marriage law on May 22, 2019. The law was enacted two days later. AL
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