BEIJING (Caixin Online) — A public discussion has started in China regarding heterosexual women who are married to gay men. One woman writing in a microblog described the situation as being “imprisoned in an unhappy marriage.”

A 2005 report by sexologist Liu Dalin says 90% of homosexual and bisexual men in China get married. According to one estimate, more than 10 million women are married to gay men.

“The wives often get extremely hurt at the disclosure of their husbands’ sexual orientation,” says Hu Zhijun, the president of the Gay Families and Friends Association. “Some of them will necessarily want to end the marriage.”

However, these same women encounter legal difficulties when they seek divorces related to their husbands’ sexuality.

Recently, Beijing’s First Intermediate People’s Court released a study of divorce cases involving homosexuality that laid bare the predicament for wives.

The report says China lacks a law to protect the rights of a heterosexual spouse married to a homosexual. Thus, judges find themselves in an awkward position when handling the divorces cases.

The study said this situation arises from the fact that homosexuality is still considered a highly sensitive topic in the country. The majority of the public doesn’t accept it, and conservative judges are unwilling to even acknowledge it.

Driven to suicide

Last year, Luo Hongling, a professor of Korean language at Sichuan University, discovered her husband was gay. This led to serious conflict between the couple, and Luo wound up killing herself.

Her parents took her husband to court, accusing him of deceiving their daughter into marrying him, but the court dismissed the allegation on the grounds that: “There are no laws that prohibit citizens with homosexual orientation and behavior from getting married.”

Beijing’s First Intermediate People’s Court says case studies reveal a range of problems with divorces that involving a homosexual spouse.

For one, since 1990 gays and lesbians are no longer considered psychiatric patients by the World Health Organization. Therefore, homosexuality isn’t grounds for prohibiting them from getting married in the first place.

Opinion: Surviving the cultural revolution

Another question is whether the heterosexual marriage of a gay man or lesbian can be revoked or declared null and void at the other party’s request. The court says that if the marriage is declared invalid it won’t in fact necessarily protect a spouse’s rights and interests.

Also problematic was whether homosexuality is sufficient reason for divorce. The court holds that “the alienation of mutual affection” should still be the standard of judgment.

Additionally, compensation to spouse shouldn’t be supported because it lacks a legal basis.

Finally, whether the heterosexual spouse is entitled to a bigger share of the couple’s assets in case of divorce was an open question. The court said that since wives are identified as “unerring parties,” the partition of property might favor them.

As a homosexual, Hu said he believed that in essence the issue concerning homosexuals’ spouses was caused by prejudice against homosexuality. Many gays or lesbians get married just to disguise themselves and avoid being subject to discrimination. Others might also get married because of a desire to have children.

Hu called on closeted gays to be courageous and embrace their sexuality. He also said they should avoid marrying a heterosexual so as not to hurt an innocent person.

Read this report on Caixin Online.