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Dissertation

Straightjacket: Same-Sex Orientation under Chinese Family Law

‘Visibility and secrecy are both valuable tactics and should not be antagonized in LGBT movements, ’ says Jingshu Zhu. Zhu defended her dissertation on Wednesday 21 February.

Author
Jingshu Zhu
Date
21 February 2018
Links
News item PhD defence Jingshu Zhu
Leiden University Repository

Although the questions that prompted my PhD thesis are not specific to same-sex-attracted people, I chose to narrow down my research on them. This study gives a panorama of both the official laws and the informal social norms that influence these people’s family life. It discusses a wide range of issues, including de/criminalization (the change of the crime of hooliganism), de/pathologization (conversion therapy and the objection thereof), homosexual representations (such as trademarks and films), same-sex weddings, the distribution of communal property of same-sex cohabitants, custody in divorce cases, official and de facto adoption, fostering, in vitro fertilization conducted by lesbian couples, transnational surrogacy by gay couples, inheritance between same-sex partners, medical decisions in an emergency, same-sex marriage campaigning, old-age planning, coming out to parents, etc. It also documents how ordinary people, lawyers and activists change the law via legislative proposals, impact litigation and transnational linkage.

I carried out this research taking an interdisciplinary approach. Alongside detailed legal analysis, this thesis features vivid storytelling following eight months’ anthropological fieldwork. I  conducted semi-structured interviews and informal conversations with more than 60 respondents. The storytellers include same-sex couples of different generations, cooperatively married lesbians and gay men, “cheating” husbands and unwitting wives in mixed-orientation marriages, parents of lesbian and gay adult children, friendly lawyers, activists and so on. The thesis weaves ethnography into statutory laws and court decisions, giving the readers a comprehensive understanding of the actual experiences of Chinese same-sex-oriented persons with or without a lesbian, gay or bisexual identity.

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