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LGBTI RIGHTS AND LEGAL REFORM: A COMPARATIVE APPROACH: SILENT CHANGES: TRANSSEXUALS’ RIGHT TO MARRY IN CHINA’S MAINLAND AND HONG KONG

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In comparison to the arduous process of rights advocacy in Hong Kong, transsexuals in China’s mainland achieved their right to marry via some “silent changes”: there was no legal activism from transsexual communities, no debates or hearings in the legislature, and no landmark judgments made by the judiciary. From a perspective of comparative law, this article attempts to analyze the legal changes regarding transsexuals’ right to marry in China’s mainland in light of the struggles in Hong Kong. It endeavors to discuss to what extent the seemingly “smooth” and “unintended” way of opening up marriage to transsexuals in China’s mainland could be beneficial to trans rights and equality in general.

Affiliations: 1: School of Law, China University of Political Science and Law bjhhxs@126.com ; 2: Grotius Center of International Legal Studies, Leiden University zjs.jess@gmail.com

10.3868/s050-005-016-0024-3
/content/journals/10.3868/s050-005-016-0024-3
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/content/journals/10.3868/s050-005-016-0024-3
2016-10-25
2018-06-25

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