Legal Study on Marriage Rights of Homosexuals in China

The issue of equality related to homosexuality has always been a hot spot in anti-discrimination. Through years of legal and cultural changes, the equal rights of homosexuals in China have been guaranteed to some extent. However, gay people in China have not been fully treated fairly, especially when it comes to marriage rights. Article 2 of the Marriage Act only regulates heterosexual marriage and does not cover same-sex marriage. This paper explores the legal status and challenges surrounding the marriage rights of homosexuals in China. By examining current legislation, judicial cases, and societal perspectives, the study identifies the legal barriers faced by the LGBTQ+ community in achieving marriage equality. Given that Chinese law currently does not recognize same-sex marriages, this research seeks to highlight the need for legal reforms to ensure equal treatment of homosexuals in marriage laws. The paper also proposes legal amendments, improved law enforcement, and societal education to foster greater inclusivity and fairness in China.

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Publication Details

Journal
Lecture Notes in Education Psychology and Public Media
Published
2024-12-26
DOI
https://doi.org/10.54254/2753-7048/2025.lc18652
Primary Topic
International Human Rights and Reproductive Law
Type
article
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article

Legal Study on Marriage Rights of Homosexuals in China

Na Xie
Lecture Notes in Education Psychology and Public Media
International Human Rights and Reproductive Law
article

Legal Study on Marriage Rights of Homosexuals in China

Na Xie
article en

Abstract

The issue of equality related to homosexuality has always been a hot spot in anti-discrimination. Through years of legal and cultural changes, the equal rights of homosexuals in China have been guaranteed to some extent. However, gay people in China have not been fully treated fairly, especially when it comes to marriage rights. Article 2 of the Marriage Act only regulates heterosexual marriage and does not cover same-sex marriage. This paper explores the legal status and challenges surrounding the marriage rights of homosexuals in China. By examining current legislation, judicial cases, and societal perspectives, the study identifies the legal barriers faced by the LGBTQ+ community in achieving marriage equality. Given that Chinese law currently does not recognize same-sex marriages, this research seeks to highlight the need for legal reforms to ensure equal treatment of homosexuals in marriage laws. The paper also proposes legal amendments, improved law enforcement, and societal education to foster greater inclusivity and fairness in China.

Lecture Notes in Education Psychology and Public MediaVol. 71(1)
Renmin University of China (CN)
Openalex Percentile: Top 60%
International Human Rights and Reproductive Law
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Legal Study on Marriage Rights of Homosexuals in China — Na Xie · Lecture Notes in Education Psychology and Public Media (2024) | TGRS Research Map | TGRS