A case involving two gay men has caught the attention of the Chinese media. It reached a conclusion on Wednesday, when they lost their legal battle for the right to marry.
It was the first case of its kind in China and while homosexual acts are not illegal in China, same-sex marriages are not legally recognised. The action was raised by the couple, who were challenging the decision of a local Civil Affairs Bureau that had denied them the right to marry.
The couple had gone to the Furong district civil affairs bureau in June to register to marry but were rejected. An official told them that legal marriage had to be between a man and a woman.
The case was dismissed following an open hearing that had an audience of nearly 200 people at a court in Furong district, Changsha city, Hunan province.
According to China Daily, Sun Wenlin, the 26-year-old plaintiff, walked out of the court hand-in-hand with his partner, Hu Mingliang, and said he would appeal. “We gave away our ‘wedding’ candies after the hearing and even the opposing lawyer took a candy with a smile,” he said.
The basis of the dispute was that the words used in the Chinese marriage law, 一夫一妻（yifuyiqi）, which means husband and wife, refers to role of the participants, not their gender. The judge said that China did not have explicit laws concerning same-sex marriage and that a husband and wife could only be a man and a woman under the marriage law.
Accordingly to China Daily:
Shi Fulong, Sun’s lawyer, said he would like to represent Sun when he appeals. “Marriage is a basic right of all citizens, including homosexuals,” Shi said. Li Yinhe, a famed sociologist who is a prominent supporter of LGBT rights, said the fight to realize same-sex marriage would continue.
The writers support the decision of the Court because on a normal, reasonable interpretation of the laws only a man and woman can marry. If any changes to the law are required, it should be a decision for the legislature, not the courts. In any event, we wish the couple luck on their endeavour.
Their argument raises a question in the writers’ minds. Who is the husband and who is the wife?
By Chris Fung and Mike Wang.