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Comparative Legal Research on Same-Sex Marriage between China and Ireland

Author(s)

Youfei Sun*

Affiliation(s)

Business School, Assiniboine Community College, Brandon, Manitoba, Canada *Corresponding Author.

Abstract

The successful legalization of same-sex marriage in Ireland has provided a model for the legalization of same-sex marriage in China. The process of legalizing same-sex marriage in Ireland began in 1993 when Ireland decriminalized private and consensual sexual activity. It took 22 years for Ireland to achieve success in legalizing same-sex marriage through a nationwide referendum in 2015. Due to differences in history, culture, religious beliefs, and social systems, China may not be able to replicate the exact experience of legalizing same-sex marriage in Ireland. However, China can still learn from a comparative study and draw valuable lessons to protect the marriage rights of the homosexual population in China. China can benefit from these experiences by implementing similar initiatives to educate the public and promote LGBTQ+ rights. By raising awareness, dispelling stereotypes, and fostering dialogue, China can gradually overcome social stigmas and create a more inclusive environment for its LGBTQ+ community. Additionally, legal frameworks and protections can be established to ensure the equal treatment of same-sex couples. Irish legislation not only legalized same-sex marriage but also granted same-sex couples the same rights and benefits as heterosexual couples, including adoption and inheritance rights. China can examine these legal provisions and adapt them to its own context, working towards creating a fair and equitable legal framework for same-sex couples. Furthermore, engaging in international dialogue and cooperation can also be beneficial for China's path towards legalizing same-sex marriage. Learning from the experiences of other countries, including Ireland, and collaborating with international organizations can provide valuable insights and support. In conclusion, while China may not be able to replicate Irish exact path to legalizing same-sex marriage, it can draw inspiration and learn from Irish experiences. By promoting awareness, fostering dialogue, enacting inclusive legal frameworks, and engaging in international cooperation, China can work towards protecting the marriage rights of its LGBTQ+ community and creating a more inclusive society.

Keywords

Same-Sex Marriage; Ireland; China; Comparative Legal Research

References

[1] Wang, Senbo. Research on the Legal Issues of Same-sex Marriage. China Legal Publishing House, 2012. [2] Targońska, Agnieszka. Legal Evolution of Same-Sex Marriage in Ireland. Studia Iuridica Lublinensia, 2022, 31(2): 229-244. [3] Murphy, Yvonne. The marriage equality referendum 2015. Irish Political Studies, 2016, 31(2): 315-330. [4] Harding, Maebh. Marriage Equality: A Seismic Shift for Family Law in Ireland. Int'l Surv. Fam. L., 2016: 255. [5] Wang, Shu. Spokesperson of the Legal Work Committee: Monogamy is in line with my country's national conditions and cultural traditions. The Beijing News, 2019. [6] United Nations Development Programme. Being LGBTI in China – A National Survey on Social Attitudes towards Sexual Orientation. Gender Identity and Gender Expression, 2016. [7] Tobin, Brian. EB v France: endorsing un-" convention"-al families. Irish Journal of Family Law, 2008, 11(4): 78-82. [8] Tobin, Brian. Marriage equality in Ireland: The politico-legal context. International Journal of Law, Policy and the Family, 2016, 30(2): 115-130. [9] Lived, Lives Creatively. LGBTQIA in Rural Ireland. Queering Gestalt Therapy: An Anthology on Gender, Sex & Relationship Diversity in Psychotherapy, 2023: 46. [10] McAuliffe, Mary, and Sinead Kennedy. Defending Catholic Ireland. Anti-gender campaigns in Europe: Mobilizing against equality, 2017: 133-150. [11] Madden, Ed. Ireland sends a message to the world. The Gay & Lesbian Review Worldwide, 2015, 22(4): 5-6. [12] Browne, Kath, and Catherine Jean Nash. Resisting marriage equalities: The complexities of religious opposition to same sex marriage. Spaces of Spirituality. Routledge, 2018: 37-53. [13] Boughton, Madeline. This is Ireland: commemoration as a catalyst for a new nation brand. Place Branding and Public Diplomacy, 2023: 1-16. [14] Zhou, Anping. (2004). Deconstructing the Gender Basis of Marriage. Peking University Law Review, 2004, (00): 230-246. [15] Wang, Jiamin. Research on the legalization of same sex marriage. Southwestern University of Finance and Economics, 2021. [16] Xia, Yinlan. Research on Marriage and Family Codification of Civil Law. China Legal Science,2017, (03): 71-86. [17] Jing, Huijie. The thinking of the legislation on homosexual marriage in China. Ocean University of China, 2014.