Chinese Court to Hear First Same-Sex Marriage Case
A Chinese court is set to hear a case that could help pave the way for gay marriage in the world's most populous country, which currently does not legally recognize same-sex unions in any form.
The hearing is the result of a lawsuit brought by a 26-year-old man who is suing a local civil affairs bureau for denying him the right to marry his 36-year-old partner, Reuters reported. Sun Wenlin told the newswire the tribunal in Changsha, the capital of the central Hunan province, informed him on Jan. 5 it would weigh his request.
"I think from a legal point of view, we should be successful," Sun said. "Our marriage law says there is the freedom to marry and gender equality. These words can be applied to same-sex marriage."
Officials at the Furong district civil affairs bureau, the defendant in the case, were unavailable for comment, and the court itself noted that it would "not comment on cases before they are heard." But the mere fact that judges agreed to consider the case is a huge step in a country where homosexuality was officially listed as a mental disorder until 2001, Reuters noted.
Sun's main legal argument is based on the fact that Chinese law does not specifically spell out that marriage is between "a man and woman," but merely between "a husband and wife," the Wall Street Journal reported.
"A husband and a wife can be understood in terms of both relationship and identity," Sun told the Journal's China Real Time blog. "In terms of relationship, two people who have no blood ties can form a family."
But the young man insisted that beyond the legal implications, his desire to marry his partner was largely personal, the newspaper noted.
We just hope that we can legally become each other's family in our own country someday in our lifetime," Sun said. "Our most basic desires and rights have been denied and it is very difficult to vindicate. I feel very angry."
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