Story highlights The LGBT community has been facing increased persecution in some Asian nations

Draft legislation on same-sex marriage has stalled in Taiwan's Parliament

(CNN) Taiwan's top court has cleared the way for the island to become the first place in Asia to grant same-sex couples the right to marry.

The Constitutional Court ruled Wednesday that current laws, which say that marriage is between a man and a woman, violate the Constitution.

The panel of judges has given the island's parliament, known as the Legislative Yuan, two years to amend or enact new laws, which could potentially make Taiwan the first place in Asia to allow same-sex marriage.

The island has a large gay community and its annual gay pride parade is the biggest in Asia but the issue of marriage equality has divided Taiwanese society, with thousands turning out in recent months to protest for and against marriage equality

Protesters march against same-sex marriage outside the Parliament in Taipei on November 17, 2016.

"This explanation is a step forward in the history of Taiwan's same-sex marriage," said Yu Mei-nu, a Taiwanese legislator.