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Same-sex marriage has been legal in Taiwan since 24 May , making it the first country in Asia to legalize same-sex marriage. On 24 May , the Constitutional Court ruled that the marriage law was unconstitutional, and that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Taiwanese Constitution.
The ruling gave the Legislative Yuan two years to bring the law into compliance, after which registration of such marriages would come into force automatically. The government responded by confirming that it would not amend the existing marriage laws in the Civil Code, but rather prepare a separate law for same-sex couples.
On 20 February , a draft bill allowing same-sex marriages and grant married same-sex couples almost all the rights available to married heterosexual couples was published. It took effect on 24 May However, the rights afforded in these partnerships are very limited; there are as many as exclusive rights related to marriage that include property rights, social welfare and medical care. A special certificate is issued to the couple, providing the partners with some limited rights, notably the ability to consent to surgery for a partner and parental leave.
Requirements vary by local government, with some requiring both partners to be residents of the city or county. In May , the special municipality of Kaohsiung announced a plan to allow same-sex couples to mark their partners in civil documents for reference purposes, although it would not be applicable to the healthcare sector. This policy of "partnership registrations" went into force on May Activists protested on 18 December inside the Tainan City Council to lobby for a similar registry in Tainan.