Legislating and litigating same sex marriage in China

Tingting Liu, Jingshu Zhu

Research output: Chapter in Book / Conference PaperChapter

5 Citations (Scopus)

Abstract

This chapter presents research on the strategies that Chinese LGB activists adopt in order to cope with the legal and political environment of the Chinese regime. Anchored in the peculiarities of the Chinese legal environment, the chapter considers two qualitative case studies. The first case involves Li Yinhe, a former professor with the Chinese Academy of Social Sciences, who has repeatedly asked representatives at the National People’s Congress (NPC) to present a Chinese Same-Sex Marriage Bill as an amendment to the current marriage law. The second case comes from the study of the impact of litigation brought by Sun Wenlin and his same sex partner Hu Mingliang against a local civil affairs bureau in 2016. The chapter attends to the legal and rhetorical strategies adopted by these activists in order to carefully frame their objections to ensure they complied with the party-state’s emphasis on marital harmony (hexie) and social stability.
Original languageEnglish
Title of host publicationResearch Handbook on Gender, Sexuality and the Law
EditorsChris Ashford, Alexander Maine
Place of PublicationU.K.
PublisherEdward Elgar Publishing
Pages45-59
Number of pages15
ISBN (Electronic)9781788111157
ISBN (Print)9781788111140
DOIs
Publication statusPublished - 2020

Keywords

  • China
  • law and legislation
  • same-sex marriage

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