China is Still Discriminating Gay Marriages

by ma_fmartel on April 13, 2016 - 8:12pm

From someone who never had to defend his sexuality, it might be hard to figure out why Lesbian, Gay, Bisexual and Transgender communities take so much importance into claiming their rights and equality. Legalization of LGBT marriages and unions is something relatively new, or not achieved yet, and is subject to various controversies. Resources of today, such as media, help LGBT communities to get out from the shadow, express their opinions and claim for their rights, whether news are showing LGBT people with a positive of negative connotation. Because in the end, it is LGBT people who receive the attention of the viewers/readers, thus making them the true winners.

Before going further, let’s just clarify something: Defending LGBT communities and people doesn’t make someone automatically lesbian, gay, bisexual or transgender. It only makes them moral persons who are aware of the injustice and oppression being made towards LGBT communities and people.

Not so long ago – June 2015, to be more precise –, a case of discrimination against a gay couple occurred in China, refusing the marriage to two Chinese men. The couple then filed a lawsuit against the civil affairs bureau that denied earlier their demand. For the first time, a Chinese court agreed to host a case related to LGBT unions (Wong and Piao). However, it didn’t change anything. According to five articles from two laws, the Chinese’s Marriage Law and the Official Marriage Registration Regulation, four said a marriage is between ‘‘a man and a woman’’ and the fifth said ‘‘that a civil affairs bureau may refuse applications if it believes a couple is not qualified to marry,’’ which was apparently the case (Wong and Piao)… The bureau simply put the emphasis on the fact that, the couple is not composed of a man and a woman.

LGBT communities have been hidden for too long, and recently started to show up proudly. They reunite themselves to fight for their rights. Here is what LGBT people defend. LGBT communities claim their right to not be judged regarding their sexual orientation, they demand the same level of security and equality as straight people. They want the same job opportunities, same medical or legal treatments. Overall, they want to be recognized as ‘‘legal’’, and be different in no points from straight people – except from sexual orientation (Reuters). ‘‘Sexual orientation and gender identity are integral aspects of our selves and should never lead to discrimination or abuse’’ (Reuters).

People who are against LGBT unions do have many reasons. Here are some. LGBT marriages are not marriages, since the base of a marriage is to give birth and form a family, which is not naturally achievable by LGBT people. LGBT unions must be prohibited because it promotes a homosexual lifestyle, thus meaning the state is promoting it too (seriously?). LGBT marriages discrimination cannot be compared to racial discrimination of the 1960s, since the race is something that cannot be changed, sexual behaviors can (they must be kidding). A LGBT marriage only benefits two individuals where a ‘‘true’’ marriage benefits a whole family, and it also lacks of parental figure, be it a paternal or maternal figure. Finally, it offends God (TFP Student Action).

Even though homosexuality is no more criminalized in China since 1997, LGBT people still suffer from discrimination under many forms (Mountford). There is still work that needs to be done before LGBT people are considered as equal to straight people, yet progress has been observed. To be shown in media, be it for a good or bad reason, helps in the end in being heard. LGBT people do have the right to claims their rights and equality and should not be limited by anti-LGBT people.

Let’s finish with an important question. Should religion (reference to God), non-founded arguments and old mentalities block the progression of LGBT communities, considering it is year 2016, where there is more acceptance than ever and there are many ways for LGBT people to get a child and ? Unless really strongly founded arguments, no. There is no more any good reasons to interfere with LGBT people’s work to be equal to everybody. Humans are humans.

Works Cited

Mountford, Tom. ‘‘China: The Legal Position and Status of Lesbian, Gay, Bisexual and Transgender People in the People’s Republic of China.’’ OutRight Action International. N.p., n.d. Web. 13 April 2016.

Reuters. ‘‘LGBT Rights.’’ Human Rights Watch. N.p., n.d. Web. 13 April 2016.

TFP Student Action. ‘’10 Reasons Why Homosexual ‘‘Marriage’’ is Harmful and Must be Opposed.’’ TFP Student Action, N.p., n.d. Web. 13 April 2016.

Wong, Edawrd, and Vanessa Piao. ‘‘Judge in China Rules Gay Couple Cannot Marry.’’ The New York Times. The New York Times, 13 April 2016. Web. 13 April 2016.

Comments

This is a great article! It raises awareness about wider context on homosexuality. The geographical situation is relevant, since the situation is contrasting with ours. The legislature implemented does not counter discrimination, since the real issue is in the mindset of people.

Great article! It brings out the most important aspects of the controversy and makes us (readers) realise how much LGBT's are still discriminated, not just in China, but worldwide. Creating a new term, such as "union", for the engagement of two people, whether they are L., G., B., or T., might bring the tension down on marriage and still let the LGBT's have the right to "marriage". It was a good idea to bring forth the fact that LGBT's have the right to be heard, positively or negatively, in order for others to hear what they have to say and not hear in from one person who is not part of that community.

I personally don't think that religious arguments or basically anything should be interfering with the sexual orientation of people since it comes down to a personal choice and is well reflected by ex-Prime Minister Pierre Trudeau's quote "The state has no business in the bedrooms of the nation". However, I'd like to point out that you cannot forget that China isn't a fully developed country like we have in the west since it has only had a very fast development and did not give a lot of time for people to be more open to social norms change and open up towards more liberal and progressive values. You also have to take into consideration that not every country is like a North American or Western European country and that they all have different background and religious biases that might start changing over time just like it happened here from the 60s until now. I also think that it would have been better if you could explain certain things more or give examples to support what you are stating such as when you wrote "LGBT people still suffer from discrimination under many forms". Otherwise, I really enjoyed learning about LGBT groups in China as I did not even know about their existence before reading this article.

Interesting topic you chose ! It made me see how different the society thinks between countries regarding homosexuality. However, I think your premise itself would need justification and to be more precise by giving examples or statistics as well as justifying why is LGBT such controversy in China and other Asian countries. Therefore, your article was a pleasure to read and full of interesting informations !