Recognition of same-sex unions in China

Recognition of same-sex unions in China

The People's Republic of China allows neither same-sex marriage nor civil unions.

The Chinese Criminal Code provides for imprisonment up to 7 years for "immoral behaviors" (流氓罪). Courts used to construe this article as prohibiting homosexual relations and put gays in prison in the 1980s. [ [http://www.miboys.com/html/37/n-12737.html “流氓罪”历史变迁:见证中国法制理念进步] (Simplified Chinese)] However, same-sex relations are no longer considered illegal in recent years. Some people even publicly admit their homosexuality.

The Chinese Parliament in 2003 proposed legislation allowing same-sex marriages. During the course of the debate the proposal failed to garner the 30 votes needed for a placement on the agenda. Same-sex marriage supporters have vowed to keep pressing for its passage in the People's Republic of China. Though this issue was rejected, this was the first time that an item of gay rights was discussed in China. However, not long before the new marriage law went into effect, an officer stated in a press conference that same-sex marriage is still forbidden in China, on August 19, 2003.

Li Yinhe (李銀河), a sexology scholar well-known in the Chinese gay community, tried to legalize same-sex marriage during the National People's Congress in 2000, 2004 and 2006 ("Legalization for the Chinese Same-Sex Marriage",《中国同性婚姻合法化》 in 2000 and "Chinese Same-Sex Marriage Bill", 《中国同性婚姻提案》in 2004 and 2006). These three attempts failed. Many scholars and gay people in China don't think it's possible for China to pass such a law in the near future. In addition, the Chinese government has recently banned overseas gay adoption, contributing to speculation gay marriage will not be legalized soon.

Chinese culture is known to be conservative, and based on traditional Confucian values. While gay marriage may have stronger support in urban centers such as Shanghai and Hong Kong, it may be difficult to pass a same-sex marriage law.

Hong Kong

Homosexuality was decriminalised in Hong Kong in 1991. No measures have been put in place to allow same sex marriage nor to formally recognise existing same-sex marriages. [ [http://www.pinknews.co.uk/news/articles/2005-497.html Hong Kong couples awaiting UK gay marriage approval] ]

References

ee also

*
*Marriage in China
*Same-sex marriage in Taiwan
* Queer representation on Chinese Film - Cui Zi En 崔子恩


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