Jun 9, 2018 #1
equal legal rights for the homosexual community
"No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice and family. In forming a marital union, two people become something greater than once they were.", says Anthony Kennedy, the Associate Justice of the U.S. Supreme Court. Being gay may be seen as a mental illness in the past, but the issue of the homosexual is now acceptable worldwide. However, to this day, as the minority in the society, the homosexual is still being discriminated because of heterosexual hegemony. In the legal aspect, gay community's basic rights are ignored. In fact, gays do not enjoy the right to marry their partners. Thus, the government must change the unfair condition in the current law system.
First of all, everyone should have the freedom to marry to his or her be loved one. There is no standard answer to love's form which is complicated and diverse. Although gay and lesbian relationships are now morally acceptable, they still do not have the marriage freedom. However, according to J.Y. Interpretation No. 748, "Both types of union (homosexuals and heterosexuals) shall be protected by the freedom of marriage under Article 22 of the Constitution." A pluralistic society should respect those who do not share the same sexual orientation as the mainstream public and should embrace differences. By establishing the same-sex marriage law, it can make the society more receptive and lenient.
Additionally, marriage is included in the basic human rights for all citizens. However, homosexual couples are left out the protection of law; according to the Constitution, the inequality status violates the right of equality. Moreover, J.Y. Interpretation No. 748 also states that, "the said provisions (The provisions of Chapter 2 on Marriage of Part IV on Family of the Civil Code) ...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." Legalizing gay marriage can provide rational statutory protection for gay community. Rights such as tax reduction, parental subsidy, matrimonial property regime, and the right to sign an emergency operation consent can therefore be guaranteed. As stated by the law, while citizens enjoy the right they must also carry out duties prescribed by law. Nevertheless, even though gay people also pay the tax and perform their duties, they do not share the same right as the heterosexual.
However, there are also those who claim that same-sex marriage may cause the number of HIV carriers rise. According to the Center for Disease Control in Taiwan, male-to-male sexual contact accounts for nearly 70% of exposure categories of getting AIDS. I understand why people oppose gay marriage due to health concern. Yet, not all gay couples have ever engaged in risky sexual behavior, the society should not stigmatize them. Moreover, legalizing same-sex marriage can prevent high-risk sexual behavior from happening. Because marriage is a deep commitment that can bring about a binding effect in a relationship. Eventually, couples would settle down and devote themselves loyally. Therefore, gay couples should be allowed to marry each other. For it can make sure structures of relationships are stabilized.
Because of importance of same-sex marriage, the government should guarantee the equal legal rights of the homosexual community is protected. Marriage is pure and beautiful, it's the sacred vow that allows couples to show affection and commit to each other; however, gay couples are excluded in the engagement. As the minority in the society, homosexuals are unable to change the status quo, but they should be offered fundamental lawful safeguards equally. Only if the government enact the same-sex marriage law can the society become a better place.