The delicate issue of sexual orientation

The year 2014 could be transformative for China's reform, as some analysts say, but it may not be so for those seeking more rights for homosexual groups and legalization of same-sex marriage.

Before the annual sessions of the National People's Congress and Chinese People's Political Consultative Conference started, a gay student from a university in Guangzhou sent letters to more than 3,000 NPC deputies and CPPCC members, urging them to submit proposals at the two sessions for legalizing same-sex marriage. He is not the first to do so and definitely will not be the last.

With people becoming more tolerant toward homosexuality, gays and lesbians have become more visible nowadays. But homosexuality is still to receive due consideration within the legislative circle, and by maintaining silence on the issue, the authorities seem to neither encourage nor discourage same-sex marriage.

Silence is not the solution to the problem. General studies on the subject suggest that 3-5 percent of the population of a country, regardless of its social and cultural contexts, are homosexuals. Since the total population of China is about 1.35 billion, some experts estimate that between 40.5 million and 67.5 million people in China fall in this category. This means more than 100 million people in China may be living with homosexuals with or without knowing it. And members of many of such families expect the national marriage law to be amended and same-sex marriage to be legalized. After all, Chinese citizens, regardless of their sexual orientations, should be able to enjoy equal rights.

In many countries gays and lesbians are considered a "minority group", and some countries have issued laws to end discrimination against them. The Netherlands was the first country to legalize same-sex marriage 13 years ago. It has been followed by more than a dozen countries, including Belgium and Canada, and recently France and New Zealand. Many sub-national jurisdictions such as the states of New York and Massachusetts in the United States have recognized gay marriage or "same-sex partnership". As a country dedicated to improving human rights, China should also take measures to protect the rights of this "minority group".

Some Western countries, especially those with Catholic majority, have encountered enormous resistance in legalizing same-sex marriage thanks to religious pressure. Such resistance, however, have been met with protests, sometimes violent, by homosexual groups.

Although traditional Chinese culture defines marriage as a union between a man and a woman, Chinese society has been more tolerant of homosexuals than most others. This is an advantage China can use to facilitate social and legal recognition for same-sex marriage while boosting its image as a progressive and inclusive country.

Many gay and lesbian couples in China are engaged in non-legally binding relationships. Since a good percentage of these are rather short-lived because of lack of legal protection, the risk of spreading sexually transmitted diseases (STDs) is higher. Official data show an increasing rate of HIV infection and STDs among men who have sex with men. One-third of the new HIV cases in recent years have been homosexual men and more than 5 percent of the men who have sex with men are living with the virus. The legalization of same-sex marriage, to a large extent, will provide a stable social structure for homosexual relationships, leading to a drop in new HIV and other STD infections.

To escape social estrangement and/or pressure from family members, millions of homosexuals have tied the knot with people of the opposite sex. This means that millions of women married to gay husbands and millions of men married to lesbian wives suffer "collateral damage" because of the traditional belief that everyone should marry, and a man should always marry a woman. Legalization of same-sex marriage can greatly reduce the number of such unhappy marriages.

From tolerance for sub-cultures that do not conform to the mainstream to accepting social practices that were previously looked down upon, human society has been taking one step after another toward inclusiveness, demonstrating a higher degree of tolerance. Chinese culture has been part of that process. And although same-sex marriage is not likely to be legalized in China any time soon, it is an attainable goal entailing greater good for Chinese society.

The author, Li Yinhe, is a researcher at the Institute of Sociology, affiliated to the Chinese Academy of Social Sciences.