Proposal to help Chinese "gay wives" stirs debate(2)

NOT A PANACEA

The proposal, however, cannot benefit all "gay wives" and more efforts will be needed to protect their rights.

For those who have a child with their husband, an annulment would not make sense and divorce may be the only way out of the marriage, Zhang said.

Obtaining a divorce, however, has become a nightmare for many of the women.

"Many wives of gay men sacrifice almost everything just to break off their marriage," said "Tabitha."

"Zheyi," whose divorce suit took nearly two years, accused her ex-husband of forging debt to obtain more property. She mentioned another divorce case in which the wife suffered life-threatening violence.

"Zai Zai," also a former gay wife, managed to get a divorce six months ago at the expense of the custody of her daughter.

"I wouldn't divorce again if given a second chance. My daughter was hurt very deeply," said the 29-year-old woman, who hails from a small town in southwest China's Sichuan province.

"My daughter has become extremely timid. Some people keep telling her 'your mother abandoned you'," she said.

Some divorced women are even deprived of the right to see their child, according to "Marian," founder of the Tongqi Association.

She called for legislation to protect vulnerable women by providing them with a greater chance to gain custody of their child, among other benefits.

The proposal also has practical limitations, as the criteria for determining sexual orientation differs from person to person.

"Gay men usually communicate with each other via the Internet and mobile phones. But as far as I know, some judges tend to admit chat logs and text messages as evidence to identify a person as gay, while others don't," Zhang said.

The judges are also divided as to how evidence obtained by private detectives should be treated, he said.

In addition, Liu warned that legislation concerning married homosexuals should take into consideration situations in which a person realizes he or she is homosexual only after getting married.

Her remark refers to a portion of the court report that refers to homosexuals who fail to inform their spouses about their sexual orientation as "wrongdoers," wording that could put them in a weaker position in terms of dividing property in the event of a divorce.

In June 2012, Luo Hongling, a young college teacher from Sichuan, committed suicide after finding out her newly-married husband was gay. Her death shone a light on the predicaments faced by the wives of gay men and drew wide sympathy from the public.

Luo's parents later filed a lawsuit in a local court against her husband, accusing him of deceiving their daughter and suing for compensation.

However, the court ruled earlier this month that there was no legal basis for their allegations and demands.

Zhang described the verdict as "a disaster for not only the couple, but also for all the wives of gay men."