A New Era for LGBTQ Rights in China?

History has been made in China—China’s courts have agreed to hear a lawsuit on same-sex marriage for the first time ever. In contrast to laws in Western countries, like the US and Canada, same-sex marriage is forbidden in China. This led gay couple Sun Wenlin and Hu Mingliang to boldly take a stand and file a lawsuit against the civil affairs bureau. Despite being harassed by the police, on January 5 the courts agreed to hear their case, sparking a conversation in China and abroad about Chinese LGBTQ rights.Considering China’s history with gay rights, it has come as a shock to the international community that this case has made it to the courts. China just decriminalized homosexuality in 1997, and it was classified as a mental illness until 2001, a point where countries like the Netherlands were legalizing gay marriage. “Whether I want to marry or not, it should be my right to decide,” said Sun Wenlin, who despite the increasing costs pledged to see the lawsuit through to the end. “Being gay is a basic human right. It’s internationally recognized.”While there still is stigma and prejudice against the LGBTQ community in China, much of China’s younger generation seem to be growing more comfortable with the topic. For example, quite a few famous Chinese celebrities are transgender, including Jin Xing (金星) and Han Bingbing (寒冰冰), and it is now possible for people to change their gender on their ID cards and undergo surgery. “It’s still very conservative and complicated, and sometimes it will be related to the one child policy,” said NYUSH freshman Jasmine Zhu. “But for the younger generation, [being] gay is more accepted. Some parents compromise because they don’t want to lose their only kid.”In the US, same-sex marriage was legalized on June 26, 2015, a historic day for many. Although some states had already passed laws making same-sex marriage legal before then, the famous ruling ensured that all states guaranteed this right. Though some protested the decision as a violation or religion, the majority of Americans greeted the ruling with celebration. Among other countries like Canada, Spain, and England, America’s policies on same-sex marriage have influenced public opinion in China. “Around the world, in other places, gay people have joined forces to fight for their rights,” said Sun Wenlin. “If I hadn’t seen the outside world, then I wouldn’t care. But I have seen the outside world, and I feel terrible. China needs to take bigger steps.” Sun Wenlin and Hu Mingliang are just the latest Chinese LGBTQ activists to take a stand against China’s policies in search of their own rights. With the world watching their case make its way through the Chinese legal system, many are hopeful that Sun and Hu will one day be able to tie the knot. This article was written by Savannah Billman. Please send an email to [email protected] to get in touch. Photo Credit: Arshaun Darabnia