美國加州同性伴侶法制之發展:以2003年「家庭伴侶權利與責任法」為論述重心

Abstract

In order to offer a remedy for same-sex couples who are legally ineligible to marry, California Legislature in recent years (1999-2003) has enacted statewide domestic partnership legislations under which registered same-sex couples can enjoy all of the rights and responsibilities afforded to married couples under state law. Although the development of California domestic partnership legislations has not fulfilled complete equality for same-sex couples, it represents a significant civil rights progress for same-sex couples and reflects the social reality.However, the legal regulations of the relationship of same-sex couples are so underdeveloped in Taiwan. In considering principles of equivalence and the reciprocity of rights and obligations of human beings, it shows that the need to look beyond limitations of traditional family and to fashion a new legal regime protecting caring and committed same-sex couples from the severe economic and social consequences of abandonment, separation, the death of loved one, and other life crises. Therefore, this research, through the analysis and discussion of the existing legal approach California has already taken to regulate same-sex couples, with particular attention to Domestic Partnership Rights and Responsibilities Act of 2003, hopes to provide a useful direction for Taiwan Legislature to establish a more effective legal framework to cope with the relationship of same-sex couples in the near future.