Interactions Between Homosexuals And Straight Marriages

Homosexuality and the straight marriage are intrinsically contradictory.Under the existing legal system of China,however,mixed-orientation marriage and lavender marriage are the only two ways for homosexuals in China to get married and start families.Judicial cases concerning mixed-orientation marriages reveal that courts seldom accept the plaintiffs’ factual propositions and grant divorces.The intrinsic nature of sexual orientation implicates a high burden of proof for the plaintiffs.The courts in China actually apply the functionalism for divorce and judges consider many factors other than mutual affection of spouses.Listing homosexuality as one of divorce factors will transfer the real problems and exacerbate the discrimination against homosexuals.Concerning the legislative purposes of invalid marriage and voidable marriage,these two institutions are not suitable to relieve mixed-orientation marriages.Therefore,divorce and defects of validity of marriages cannot solve the problems of mixedorientation marriages.Lavender marriage is an emerging substitute for mixedorientation marriage.Although lavender marriages avoid fraud to one’s partner,they are highly unstable and bring degeneration of the value of marriages.Both mixed-orientation marriage and lavender marriage are conversion of homosexuality.Although lavender marriage has rhetoric transformation,the nature of conversion of homosexuality,common to both types of marriages,is preserved.Regardless either type,abundant and longstanding social acts and circumstances will reconstruct the homosexual identity.Thus,lavender marriage is not a better alternative than mixed-orientation marriage.Marriage tragedies of homosexuals cannot be removed without changing the monopoly of heterosexually marriages.