China recognizes neither same-sex marriage nor civil unions. A poll conducted in 2009 showed that over 30% of the Beijing population supports same-sex marriage, while the rest were unsure or opposed.[1] A poll conducted in 2007 found that 30% of the Shanghai population supports same-sex marriage.
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On January 13, 2010, China Daily published a front-page splash photo of a Chinese couple, Zeng Anquan, a divorced architect aged 45, and Pan Wenjie, a demobilized PLA soldier aged 27, being married at a gay bar in Chengdu. The marriage is understood as having no legal basis in the country, and the families of both men reacted negatively to the news of the marriage.[2]
The Marriage Law of the People's Republic of China explicitly defines marriage as the union between one man and one woman. No other form of civil union is recognized.
Li Yinhe (Chinese: 李银河), a sexology scholar well-known in the Chinese gay community, proposed Chinese Same-Sex Marriage Bill (Chinese: 中国同性婚姻提案) as an amendment to the marriage law to the Chinese People's Political Consultative Conference in 2003, 2005, 2006 and 2008. All four proposals failed because she was unable to find enough cosponsors for a placement on the agenda. Li Yinhe, however, pledged to "continue proposing the bill until it is passed". In 2008, supports for homosexual rights launched a campaign to collect signatures calling for recognition of same-sex marriage.[3]
In addition to national recognition, there have been unsuccessful attempts made towards allowing same-sex marriage in the provinces. In early 2010, lawyer Zhu Lieyu submitted a plan to the Guangdong People's Congress in an attempt to legalize same-sex unions in the province, however the bill was never carried to a vote. [4]
The attitude of the Chinese government towards homosexuality is believed to be "three nos": "No approval; no disapproval; no promotion." The Ministry of Health officially removed homosexuality from its list of mental illnesses in 2001, but same-sex marriage is still not considered. A government spokesperson, when asked about Li Yinhe's gay marriage proposal, said that same-sex marriage was still too "ahead of time" for China. He argued that same-sex marriage was not recognized even in many Western countries, which are considered much more liberal in social issues than China.[5] This statement is understood as an implication that the government may consider recognition of same-sex marriage in the long run, but not in the near future.
In addition, the Chinese government requires parents adopting children from China to be in heterosexual marriages.[6]
Homosexuality was decriminalised in Hong Kong in 1991. No measures have been put in place to allow same sex marriage nor to formally recognise same-sex unions, however a lawsuit is being carried out as to whether post-operation transsexuals can get married.[7]
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