Gay Marriage in China - Term Paper Example

Gay Marriage in China Introduction The Chinese press is littered with ridicule for the way in which Western nations have sanctioned homosexuality andhomosexual marriage. Hardly a week passes without some type of attack on traditional values being pointed towards the United States or Western Europe as they create ever more liberal societies. According to the Chinese media, sexual attraction should occur between members of opposite sexes. However, as a further understanding of sociology, gender, and biology has exhibited, it is obvious that this traditional dynamic is not always the case. Boys are not always attracted to girls, while women are not always attracted to men. Although this has been the normal scenario, cases of people getting attracted to people of the same sex has been on the rise, especially since the beginning of the twenty-first century. Relationships between such individuals are known as homosexual relationships, while marriages between them are known as gay or same sex marriages. In recent years, many nations have legalized same sex marriages. In China, very small achievements surrounding the issue of gay marriages have been realized. According to Fedorak, “in 1997, the law that outlawed sodomy was repealed, and in 2001, homosexuality was no longer classified as a mental illness” (90). There have been numerous attempts to have the marriage laws that only recognize straight marriages amended, but they have all been unsuccessful. This author will propose that gay marriages should not be legalized in China. This is after a thorough look, discussion and reflection of both sides of the argument. One very prominent argument for the legalization of same sex marriage within China is based on the fact that homosexuals already live in China; so there is no need to deny them their rights. Same sex relationships have existed in China for a very long time. According to Newton, “long-term same-sex loving relationships were common during certain periods of early Chinese history, with at least 10 emperors between the period 206 BCE and 1 CE known to have been involved in such relationships” (5). This, however, does not mean that homosexuality was accepted; it was rather fairly tolerated. Drescher and Lingiardi point out that “it was only after 1949 that homosexual behavior was seriously punished in China and served as grounds for persecution during Chinese political upheavals between the 1950s and 1970s” (117). From this, it is clear that the Chinese people have always accepted homosexuality and its existence, but not its legalization. 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. Dutton asserts that “there are some very famous figures within the homosexual community but even they do not ‘come out’ but try, instead, to hide their sexual preference from relatives , family and society” (71-72). Research also shows that the number of Chinese women married to gay men is about 16 million (Yiu, gaystarnews.com). The traditional values of Confucianism upon which the Chinese moral order is built uphold the obligation of every healthy adult to marry and have children. Due to this pressure, most gays opt to get married. However, since they have different desires, these unions do not last long and divorce and separation become the only options. For the innocent spouses, their lives get ruined as they carry the divorcee tag (Jiang, cnn.com) .The proponents of the recognition of same sex marriage argue that these kinds of tragedies can be prevented. This is because people will be free to follow their desires without worry about the society’s reaction. An additional argument in favor of gay marriage is that proponents believe that it will be easier to control the population. Among the greatest problems that have been facing China is population control. Rapid population growth began decades ago and efforts by the government to control the population have only been fairly effective. The main reason behind this has been low mortality rates, while fertility rates have remained high. Family planning programs have been established and restrictions placed regarding the number of children that couples are allowed to have. Legalization of gay marriages has been proposed as a more effective solution to this problem. Procreation among same sex couples is only possible artificially and this makes marriages between such couples more effective in population control. With heterosexual or straight couples, accidental conceptions are sometimes very hard to control. Accidental conceptions are, however, non-existent among gay couples. Arguments against the Legalization of Gay Marriages in China An argument against the legalization of gay marriage in China is that legalization of gay marriage will lead to legalization of other infamous acts. There are certainly many reasons cited in support of gay marriages and many supporters in China. However, this could be the starting point towards rallies campaigning for the support and legalization of other infamous acts, such as marriages between men and beasts, marriages between siblings, and other acts that could be considered unnatural (“Should China Legalize,” chinafrica.cn). This is because just as supporters of gay marriages argue their facts out, so will supporters of such infamous acts argue their way into having them legalized in the future. It is no doubt that marriage is a personal decision that each individual ought to make without influence, but when things go beyond what is moral and ethical, restrictions are necessary. Another argument that is against legalization gay marriage has to do with the belief that it could cause serious damage to society. Legalization of gay marriages in China would call for a change in the definition of marriage in society, as well as a change in society’s perception of marriage (“Should China Legalize,” chinafrica.cn). All human societies are founded on marriage and marriages are recognized as unions between heterosexual couples or men and women. Among the purposes of marriage is procreation, which is not naturally possible among homosexual couples. Societies uphold the norm of having children brought up by heterosexual parents, whom they know as mother and father. Legalization of same sex marriages would mean a change of all these concepts, meaning that there would be serious damage to the entire society. When it comes to the argument that marriage is a matter that is private to the concerned parties, then there would be no need for its protection by public powers. Since the ancient times, marriages have always had the protection of public powers, meaning that marriage is not a private matter (“Should China Legalize,” chinafrica.cn). The fact that it is not a private matter and has never been a private matter is enough proof of how much change and destruction gay marriages would bring to society. Making gay marriages legal will lead to more people in heterosexual relations leaving them to pursue homosexuality. There are individuals who still question their sexual orientation, and while some may get confused, they eventually choose to follow the path of morality. If gay marriages are made legal, confused individuals will hardly choose to follow the path of morality, since homosexuality will at the time be regarded as moral. A further argument against gay marriage that is put forward has to do with the fact that homosexuals are not understood to be denied their rights currently within China. Among the reasons cited for legalization of gay marriages in China is the claim that homosexuals are discriminated against and denied freedom to do things they would wish to do. First of all, homosexuality is not illegal in China since it was removed from the list of psychiatric disorders and decriminalized in 2001 and 1997 respectively. The fact is that although the two changes took place, the government has always been silent about the issue. This has consequently prevented any developments in removing any form of bias towards lesbians, gays, bisexual and transgender (LGBT) individuals in the country. Additionally, the legal status of LGBT’s remains unclear. When homosexuals in China decide to come out and invite their friends and relatives to celebrate their unions with them, no law stops them. In fact, they are free to conduct their personal matters, such as swearing to be faithful to each other, living together, and loving each other. All these are not restricted at a personal level. However, when it comes to legal issues, ethics and laws must be applied and hence legalizing gay marriages calls for attention to much more. The right to get married is availed to all people through the Universal Declaration of Human Rights, which recognizes marriages between mature males and females. Most gays and lesbians are perfectly normal males and females who opt to give up their rights to get married in pursuit of their sexual orientations. Therefore, the rights and freedoms of these people are guaranteed, but it can be said that they choose to give up these rights and freedoms. Conclusion There is no doubt that legalizing gay marriages in China will not be an easy road. This is because there are deeply 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 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 start, and before long, all the Asian countries may follow Taiwan’s 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 Drescher, Jack and Vittorio Lingiardi. The Mental Health Professions and Homosexuality: International Perspectives. New York: The Haworth Medical Press, 2003. Print. Dutton, Michael Robert. Streetlife China. Cambridge: Cambridge University Press, 1998. Print. Fedorak, Shirley A. Global Issues: A Cross-Cultural Perspective. New York: University of Toronto Press, 2014. Print. Jiang, Steven. “In China, Activists fight for Gay Marriage.” cnn.com. 30 June 2013. Web. 14 April 2014. Newton, David E. Same-sex Marriage: A Reference Handbook. Santa Barbara: ABC-CLIO, LLC, 2010. Print. “Should China Legalize Same Sex Marriage.” chinafrica.cn. 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.” gaystarnews.com. 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. Read More