Gay Marriage in China - Research Paper Example

Gay Marriages in China Like most Asian countries, the issue of gay marriages in China has been controversial. While gay marriages in China remain largely illegal, this has not stopped such marriages from happening. For a long time, human rights crusaders have constantly pointed out that failing to legalize gay marriage is equivalent to denying the quest for human rights for all. However, the gay marriage debate in China has received very little attention among academicians and as such there is very little material that discusses gay marriages in the Chinese context (Brook 12). This paper examines the positions of those who deny gay rights as well as those who claim that these rights should be recognized with a view to establishing whether these rights should be recognized. Drawing on an international survey of basically English language literature, the paper will conclude that the Chinese government has no reason whatsoever not to recognize gay rights and then finally examine the role of the government in the gay debate. Arguments in Favor of Same Sex Marriages There are many reasons that are presented on the need to legalize gay marriages in China. To begin with, those who support gay marriages claim that recognizing marriage rights is a pointer of the realization of human rights and equality in China. This means that recognizing these rights is the only sensible thing to do. This reality has been epitomized by the Taiwanese President Ma, who once said that Gay rights are a part and parcel of human rights. This claim has also been supported by human rights activists who point out that the struggle for the recognition of gay rights is the remaining major human rights struggle. In the nations where gay rights have been recognized, the association between gay marriage and full citizenship rights for gay men and women has been the driving force (Harvey 101). In addition to this, given that marriage is seen as an attractive institution in the society and the ideal thing for grown ups to do, for gays couples to be able to marry makes their relationship normal and as a result, enables positive recognition of their unions. Analysts have continuously pointed out that lesbians and gay operation comes as a result of the condition of lesbians and gays as outcasts especially in relation to marriage and family. The ability to enter the marriage and family institution without a doubt raises their status in a considerable manner and as a result may improve the strength of those bodies (Harvey 102). Another argument that has been presented as a reason why China should recognize gay relationships is that it transforms normative thoughts about marriage and de-genders marriage. This idea discredits the traditional belief that marriage and kinship is hinged on naturalistic and biologistic thoughts of procreation and family. In a large way, the Chinese society has been set up in a way where the roles of both men and women are well-defined. Given this view, feminists argue that legalizing gay marriages is an ideal way of abolishing these traditional roles. The fact that social conservatives are so bend on opposing same sex marriages in China shows that they are afraid that making such marriages legal would disrupt the existent traditional ideas about family. However, this is definitely something that needs to be changed given that most other nations have abolished these traditional roles in the society. In an era where women are being treated as equal partners with men in the society, human rights activists point out that efforts should be put in to ensure that these essentialist ideas are abolished (Lu 134). A fourth argument that is put across as a reason why gays should be allowed to marry in China is that doing so helps in eliminating the stigma that is associated with gays. Majority of the gay people believe that allowing them to get married brings about acceptance in the societies where they hail from. In most cases, although the couple’s families do not usually attend the marriage ceremonies of those being united, it is clear that they only do so for fear of bad publicity. What this implies is that most people are not really against gay marriages but they instead desist from supporting the issue for fear of being rebuked by the authorities (Lu 135). The other reason that human rights activists put across as a reason why gay marriages should be recognized is that marriage usually brings about economic benefits. Apart from the economic benefits, marriage also brings along social benefits in that one of the couples helps in the making of decisions in the event that the other partner becomes incapacitated. These decisions are critically in helping the spouses during trying life circumstances. Although people who are merely cohabiting are accorded these rights in some places, there is no denying that the best way to offer them is through marriage. A good example of such benefits is one where a disadvantaged partner in an intimate relationship may get significant financial compensation for example, for their unpaid services that profited the other partner during the period that they were married. Another example is receiving protection from violence in the event that the marriage is dissolved (Hinsch 56). The Chinese Context In China, homosexuals have made great strides as per as human rights is concerned. There is, however, clear evidence of homophobia. This is the unfounded fear of homosexuals or homosexuality, visibly in the manner of assaults on or persecution o individuals or couples believed to be gay. In addition to this, there are numerous challenges towards the recognition of gay marriages and other legal advancements continue to come out both from the government and some religious groups. This problem is even inherent in countries where gay marriages are allowed. In such countries, some marriage commissioners refuse to preside over gay marriages citing religious reasons even though they have been appointed into public offices. These are the arguments that those against decriminalizing gay marriages have always quoted (Hinsch 58). Arguments against Same Sex Marriages Wherever the debate on gay marriages arises, the only major concern among those who oppose it is that the practice goes against the set societal norms and that it should be dissuaded. This group of people, which is mostly comprised of religious sect’s point that legalizing same sex marriages would erode the societal morals and for that reason it should greatly be discouraged. However, the crusaders against same sex marriages fail to offer solid evidence on how legalizing same sex marriage would affect the society in a negative manner. This means that most of those against the practice are only driven by selfish decisions and not that there is any proof to their claims (Sommer 5). Another reason that the people against same sex marriages put across is that there is no justification for such marriages since the main reason for marriage is procreation. To the anti-crusaders, the main reason why people get married is to procreate and given that gay couples cannot reproduce, then the practice should be dissuaded. However, what most of them do not realize is that unlike in the past, even the motivation among straight couples is no longer to bring forth children. In their defense, gay couples and human rights crusaders point out that the issue of procreation does not arise since it is possible to adopt children and raise them up just in the same manner as in a normal family setting (Sommer 7). Role of the Government in Legalizing Same-Sex Relationships Putting into perspective the detrimental effects that the debate on same sex marriage can have on the society, the Chinese government has the responsibility of developing measures that should be used to eliminate or minimize possible problems resulting from same sex marriages. According to experts, the government should uphold the Constitution which mandates equal rights for all citizens. Being guided by that principle, the government should first permit states to define same sex marriage laws based on principles. In addition, the government should allow individuals to define to requirements for same sex marriages (Waldner 313). In order for the government to reduce arguments on same sex marriage, it should heed the plight or complaints being made by the homosexual couples. For example; same sex couples require that they are treated in the same way as heterosexual couples and thus, the government should grant the, the same benefits as the benefits given to other married couple. If created, this model would follow a similar model created in the United States is a response that has been supported by the legislature in the year 2000 when the ‘civil union’ status was created in order fulfill that law. Having that kind of response will reduce complaints made by same sex couples on the fact that they are being denied the benefits given to other couples (Waldner 315). The government should deal with the issue of same sex marriage by establishing and implementing bills that apply to all citizens equally without discrimination because of secular orientation. Over the years, there have been many groups mostly religious that have tried to resists the legalization of gay marriages in China. Given this trend, the government should deal with the issue of same sex marriages by having clearly outlined laws on same sex marriages that would make it impossible for controversies and conflicts to arise. The solution can involve having anti- discriminatory bills so that all individuals in the country- without regard to gender- benefit from the bills (Szonyi 2). In China, any attempts to legalize same sex unions have been met with demonstrations mostly by Christians. If the trends in other nations are anything to go by, the demonstrations are likely to go on until the government develops a solution that would force the churches to avoid fighting against same sex marriages. For example; the government can treat same sex marriages as civil unions rather than religious unions hence the need for weddings and interruption of religious ceremonies will be reduced. In that effect, the same sex couples will have their marriage legalized and the churches will not have to complain because the religious institutions have not been interfered with (Axel-Lute). Apparently, the government’s role in addressing the issue of same sex marriages is complex and cannot end with legislation of laws only. The laws have to be continuously checked and when need arises, they should be amended or reduced or avoid any harm that might have on the society. This is due to the fact that even in a country like the United States, it has been observed that even though laws on same sex marriages have been left to states to establish and implement based on the needs of the citizens in those states, there are still flaws. For example; in 2003, Massachusetts High Court ruled that “it was unconstitutional to deny same sex couples the right to marry” (Axel-Lute). This showed that; while the government may establish bans against same sex marriages, such statutory bans may not always be effective because they can be thrown away easily by the judges when they felt that the outlaws were a violation to constitutional rights of the state. In that effect, the government should continue to closely monitor its laws and adjust them to meet the changing and varied needs of the society and addressing concerns such as same sex marriages in the best way possible. This is a model that China can use in its bid to pass laws that legalize gay marriages in the country (Axel-Lute). The Future of Gay Marriages in China There is no doubt that legalizing gay marriages in China will not be an easy road. This is because there are deep engraved beliefs on the issue of homosexuality in China. According to academicians, China is still a largely traditional society and changing these beliefs to incorporate gays will not be an easy thing. Although the human rights crusaders have put across numerous convincing reasons on why gay rights should be recognized, it would be naïve to think that gays will be handed these rights without a struggle. From the examining the trends in other nations, it is obvious that the demonstrations against legalizing gay marriages will go on as long as the calls to legalize gay marriages persist. For these demonstrations to come to an end, the government should put in place legislations that recognize the rights of every Chinese person. From the present scenario, it is obvious that the government has chosen to side with one side to repress the rights of those who have chosen to take a different stand on the issue (Brook 20). In the coming days, it is apparent that China will have to relax the regulations on same sex marriages if the current trend in Asia is anything to go by. In recent days, Taiwan, which had taken a strong stance against homosexuality, has been seen to relax its stand concerning the issue. Although not fully recognized, the Taiwanese President Mo has claimed that gay rights are homosexual rights and they should therefore be recognized. This is a good starting and before long, all the Asian countries will follow the Taiwan example. However, this is not going to come easily given that most Chinese people are conservative. What this means is that although gay rights are likely going to be recognized in the coming days, this recognition is not likely to come without a great deal of struggle (Harvey 110). Works Cited Axel-Lute, Patrick. Same-Sex Marriage: A Selective Bibliography of the Legal Literature. Web. April 15, 2012 from 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. Hinsch, Bret. Passions of the Cut Sleeve. California: University of California Press, 2010. 56-70. Print. Lu, Tonglin. Misogyny, Cultural Nihilism & Oppositional Politics: Contemporary Chinese Experimental Fiction. Stanford University Press, 2005. 134-140. Print. Sommer, Matthew. Sex, Law, and Society in Late Imperial China. Stanford University Press, 2000. 5-10. Print. Szonyi, Michael. "The Cult of Hu Tianbao and the eighteenth-Century Discourse of Homosexuality." Late Imperial China 19(1), 2010: 1–25. Print. Waldner, Haugrud. Homosexual identity expression among lesbian and gay adolescents: An analysis of perceived structural associations. Youth Society 27: 2009. 313–333. Print. Read More