Just over two months after Taiwan legalised same-sex marriage in May, the People's Republic of China has taken the opposite direction, after its parliament spokesperson ruled out legalising same-sex marriage in the country saying that Chinese law only allowed for marriage between a man and a woman.
Speaking of the prevailing law, Zang Tiewei, the spokesperson for the Commission of Legislative Affairs of the NPC Standing Committee, said, "This rule suits our country’s national condition and historical and cultural traditions.” He added, “As far as I know, the vast majority of countries in the world do not recognise the legalisation of same-sex marriage.
The statements come as a disappointment to the country's LGBT community, who had hoped that a draft civil code could include a provision to legalise same-sex marriage.
While there are no laws against homosexuality in China, members of the LGBT community continue to face discrimination. The statement by Tiewei was acknowledged by gay rights activist Sun Wenlin, who, in 2015, filed a landmark case asking for same-sex marriages to be permitted after his own attempt at having one was turned down. Wenlin's case was rejected by the court, but won global attention and garnered support to his cause.
Speaking to Reuters, Wenlin said, "I feel I am being excluded, and am absolutely not a consideration for policymakers."
Homosexuality in China was criminalised until 1997, when all mentions to it in criminal law were removed. In 2001, the Chinese Society of Psychiatry declassified homosexuality from being considered a mental health illness. Despite this, the National Health and Family Planning Commission (NHFPC) has continued to offer conversion therapy.
An investigation by The Paper found that many clinics were still promoting these practices by 2018. In 2014, a man from Chongqing won a case against a clinic that had given him illegal electroshock therapy to 'cure' his homosexuality.
According to a report by Sohu News, gay couples in China make their partners their legal guardians in lieue of a law that could allow them to marry.
There are an estimated 70 million people from the LGBT community in China.
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