In Interpretation No.728, the majority opinion claims that equality is only one of many constitutional values being balanced with other. It argues that the traditional custom of ancestor worship guilds excluding female offspring from being qualified successors does not violate the constitutional principle of equality. The minority and other critics nevertheless insist that equality is the constitutive value of our constitutional regime. The government has both a passive obligation to prevent direct gender discrimination and an active obligation to eliminate indirect discrimination. Between the two conceptions of equality, i.e. the "competitive" and the "constitutive", this essay aims to explore which is the most convincing conception to justify the legitimacy of state actions. I endorse the constitutive conception by arguing that without equality liberty may lead to the law of jungle in which the weak becomes the prey of the strong. No. 728 not only tolerates the existing culture of gender discrimination but also strengthens the "blood discrimination" which endorses the superiority of male over female. Therefore, it entirely violates our central value of constitutionalism: "everyone has equal dignity, and the state is obligated to show equal concern for each."