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

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.