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I love You But Can’t Marry You!

Sophie & Denis LegalTips 2020-01-23




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Related Articles:A Woman’s Body is Her Own Business (Part 2)A Woman’s Body is Her Own BusinessOn June 23, 2015, Sun Wenlin, who initially had planned to stay single, went to the Furong District Civil Affairs Bureau in Changsha City with his boyfriend Hu MinLiang to register their marriage on the first anniversary of their acquaintance.
2015年6月23日,曾打算单身的孙文麟和男友胡明亮在他们相识一周年那一天去长沙市芙蓉区民政局办理结婚登记。
Although the marriage certificate is just a piece of paper, in critical moments, one can use such a piece of paper to prove that both individuals mentioned are a couple instead of mere strangers, and thus each have the right to sign as a family member on behalf of each other, for example the notice of a critically ill person.虽然结婚证只是一张纸,在面对生老病死的时刻,他们可以用那张纸来证明互为爱人而非陌生人,从而有权利在对方的病危通知书上签字。

Marriage also involves some practical benefits such as inheritance of property and the like. " If you want to become a family member of someone with whom you don't have a blood relationship, you can only achieve that by getting married." Sun Wenlin quipped, "We can't adopt each other."婚姻还涉及财产继承等一些现实利益。“你要跟你没有血缘关系的人成为家人,你只能通过结婚这种方式。”孙文麟打趣说,“我们又不能互相收养。

Unlike the average person, Mr. Sun believes that gay marriage is legal in China, but just no one does it. He looked through the Marriage Law six times and couldn't find a single word banning or prohibiting gay marriage. Mr. Sun believes that marrying his lover is his "natural human right". However, the local Civil Affair Bureau refused to grant them a certificate of marriage, on the grounds that "only one man and one woman can marry each other". 和一般人的观念不同,他认为同性婚姻在中国是合法的,只是没有人实施它。他把婚姻法前前后后看了六遍,找不出一个字禁止同性结婚。孙文麟说,和男友结婚,是自己的“天赋人权”。但工作人员拒绝,理由是“只有一男一女才能结婚”。
As a result, Mr. Sun sued the Civil Affairs Bureau. The case was accepted by a local court on 5 January 2016.  Mr. Sun’s attorney said at the time that the first gay marriage registration case in China could be filed, whether successful or not, was of historical significance.于是,孙文麟起诉了民政局。案件在2016年1月5日获得受理。案件的代理律师石伏龙当时曾说,作为中国第一个得以立案的同性婚姻登记案件,不管胜诉与否,都有历史意义。

Most people believed at the time that surely they were going to lose the case. Mr. Sun and his lawyer, however, did not think so. Mr Sun said the original text of the Marriage Law does not refer to the concept of "one man and a woman" but rather to the principle of "monogamy". He felt that "monogamy" does not only mean “a man and a woman”, but also “a man and a man” or “a woman and a woman”, only such a law can be considered non-discriminatory".多数人觉得败诉在意料之中。孙文麟和他的代理律师却不这么认为。孙文麟表示,《婚姻法》原文并不是“一男一女”,而是“一夫一妻”。他觉得,“一夫一妻”不只包括一男一女,也包括男男、女女,“这样的法律才算是没有歧视的”。Wang Zhenyu, a lawyer who has represented several sexual minority cases, believes that "marriage registration" is an act of "administrative confirmation" rather than an act of "administrative license", and hence a right of “confirmation" rather than "authorization". Any marriage should be registered in the absence of a legal prohibition.代理过数次性少数群体案件的律师王振宇认为,“结婚登记”是“行政确认”行为而非“行政许可”行为,是“确权”而非“授权”,在没有法律禁止的情况下,应该给予登记。
After one extension, the case was finally scheduled for a public hearing on 13 April 2016. The court hearing, which lasted two and a half hours, appeared to have gone through all the processes seriously, with several arguments between the claimant and defendant. The arguments include the administrative inaction of the defendant's, illegal working procedures, etc. Before the court hearing, Mr. Sun prepared more than 30 questions, including the status of "spouse of a gay person", but did not have the opportunity to ask. The lawyer asked the defendant:"Do you discriminate against homosexuals?" and was interrupted by the judge, "This question is irrelevant and does not need to be answered.”延期一次后,案件最终定于4月13日公开审理。案件审理了两个半小时,看似认真地走完了所有流程,原被告双方进行了数番辩论。包括被告的行政不作为,工作程序违法等。庭审前,孙文麟准备了30多个问题,包括“同妻”现状,却没有机会问。代理律师问被告,“你们歧视同性恋吗”,却被审判员打断,“这个问题与本案无关,不需要回答”。
The Court pronounced that China's relevant marriage laws and regulations clearly state that the subject of marriage refers to both men and women who meet the legal conditions for marriage. Sun and Hu are both men, their application for marriage registration clearly does not comply with the related provisions. Sun Wenlin and Hu Bright's claims cannot be granted.法院当庭宣判,中国相关婚姻法律、法规明确规定结婚的主体是指符合法定结婚条件的男女双方。孙、胡二人均系男性,申请结婚登记显然不符合中国婚姻法律、法规的规定。孙文麟、胡明亮的诉称理由不能成立。
As a consequence, they both lost the case. The verdict made no mention of the trial debate, "Looks like it was written in advance," Sun said, adding that at the moment he heard the verdict, he felt "disgusted" that heterosexual-led laws were enacted that did not protect the rights of gays or other sexual minorities.最终败诉。判决书里没有提到庭审辩论的内容,“像是提前写好的”,孙文麟说,在听到宣判的那一刻,他觉得“恶心”,由异性恋者主导的法律制定,是不保护同性恋者、性少数群体的权利的。
But they still held a wedding ceremony on May 17, 2016. On the same day in 1990, the World Health Organization removed homosexuality from the International Classification of Diseases (ICD), which was no longer considered to be a mental illness.但他们仍然在2016年的5月17日举行了婚礼。1990年5月17日,世界卫生组织将同性恋从《国际疾病分类》中除去,同性恋不再被视为精神疾病。Tap “Read More” to know more
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