Gay marriage in China – Essay Example

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Another prominent argument for same sex marriage is that all Chinese citizens should be afforded the same equal rights. The only reason the law should deny people their rights is in instances where the rights are against the law. The Chinese criminal law has no specific statement that describes the status of homosexuals or whether it is illegal or not. Only the following statement exists in the nation’s laws: “all hooliganism should be subjected to arrest and sentence” (West and Green 63). In this case, “hooliganism” means any disruption of social order.

Since homosexuality is greatly condemned in Chinese society and viewed as immoral, it is also considered hooliganism. However, just as straight couples are allowed to get married, so should gays. After all, they are all Chinese citizens and need to be treated equally. Chinese scholar Li Yinhe, in her rally for the legalization of same sex marriages, urged that China can display its effort in protection of human rights to the rest of the world by legalizing same sex marriages (Yiu, gaystarnews. com). Another argument for legalization is based on the understanding that legalizing gay marriage will result in a decreased spread of HIV/AIDs.

Lack of stable relationships exposes people to HIV/AIDS. This has been the situation in China since most gays struggle to behave as straight individuals, as they hide their real selves in fear of rejection and rebuke from society. After marriage to people of the opposite sex, homosexual desires still exist and most homosexuals find it very hard to control them. The result of this is unfaithfulness and individuals having more than one sex partner.

According to Dutton, “naturally, there are many homosexuals who, after marriage, still frequent the old haunts and renew their homosexual acquaintances” (72). The method used by the Chinese government to reduce new HIV/AIDS infections has been distributing condoms to public places and hotels. Proponents of the legalization of gay marriage argue that this has not been effective enough, as the rate of new infections continues to rise. Li’s argument is that legalization of same sex marriages is the more effective solution since homosexuals will be able to form stable relationships (Yiu, gaystarnews. com).

A further argument for legalization is based on the belief that it might reduce the rate of current marriages that end in divorce. Majority of gays and lesbians go ahead and marry people of their opposite sex, as they fear facing the consequences of having their real statuses known.


Handbook. Santa Barbara: ABC-CLIO, LLC, 2010. Print.

“Should China Legalize Same Sex Marriage.” 4 December 2012. Web. 14 April 2014.

West, Donald J. and Richard Green. Sociolegal Control of Homosexuality: A Multi-Nation Comparison. New York: Plenum Press, 1997. Print.

Yiu, Derek. “Leading Chinese Scholar seeking Support for Gay Marriage Bill again.” 4 March 2012. Web. 14 April 2014.

Brook, Timothy. The Confusions of Pleasure: Commerce and Culture in Ming China. Berkley: University of California Press, 2008. 12-20. Print.

 Harvey, Peter. An Introduction to Buddhist Ethics. Cambridge University Press, 2000. 101-112. Print.

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