Taiwan is set to vote on passing a bill that will legalise same-sex marriage in late May.

Reuters reported the bill contains a draft law that will give same-sex couples similar legal protections as married heterosexual couples.

Focus Taiwan reported that the law will encompass issues such as inheritance rights, medical rights, adoption of children, monogamy, and penalties for bigamy and adultery.

It will also allow gay couples aged 18 and older to register their marriage or divorce at any household registration office, although couples under 20 must have the permission of their legal guardian.

Taiwanese media reported that the bill was unveiled by Taiwan's Cabinet on Feb. 20.

Referendum legalising same-sex marriage rejected in November?

A November 2018 referendum on whether same-sex marriage should be recognised was rejected, in favour of keeping the definition of marriage within Taiwan’s Civil Code as being between a man and a woman.

The bill that is trying to be passed will not change that definition in the Civil Code.

The Straits Times (ST) reported that the draft law instead proposes allowing "two persons of the same sex to create a permanent union of intimate and exclusive nature for the committed purpose of managing a life together to realise the equal protection of the freedom of marriage."

Premier Su Tseng-Chang stated that the bill respected the outcome of the referendum, Reuters reported.

Conservative groups that voted against same-sex marriage in the referendum have since been angered by the decision.

The leader for the organisation that initiated the referendum in November on same-sex marriage has called the government "irresponsible" and questioned why it has not adhered to the referendum results, Taiwan News (TN) reported.

So why still come up with the bill?

This has to do with the 2017 declaration of the prohibition on same-sex marriage as unconstitutional by the Constitutional Court, which is Taiwan's highest court.

According to the Secretary-General of Taiwan's Judicial Yuan, rulings of the Constitutional Court cannot be overturned by referendum results, TN reported.

Additionally, according to The Diplomat, the constitutional court has maintained that its decision must go into effect by May 24, 2019, regardless of legislative action.

TN highlighted Su as stating that this meant if legislation is not completed by that date, same-sex couples can register for marriage in accordance with the Civil Code.

The bill is expected to be voted for its passing in Taiwan's parliament in May.

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