Exploring the Obstacles to the Legalization of Same-Sex Marriage in Macau: The Interplay of Law, Culture, and Politics

Abstract

With the development of the times and the continuous change of social concepts, the awareness of sexual minorities on their rights is increasing, and more and more countries and regions are promoting the legalization of same-sex marriages in response to the trend of social pluralism and the protection of marriage equality and other related issues. The adoption of legal provisions and institutions for same-sex marriage provides legal protection for sexual minorities in marriage and family. However, Macao, as a region with a highly developed economy, where East meets West and where inclusiveness is strong, is lagging behind developed countries and regions such as Europe and the United States in the legalization of same-sex marriages. Currently, there is no legal provision in the legal system of Macao that stipulates the validity of same-sex marriages, and there is no legal recognition of the legalization of same-sex marriages in any legal form. This institutional gap makes same-sex couples lack the protection of family rights at the legal level, and they do not enjoy the same rights as heterosexual couples in terms of property inheritance and adoption. In this paper, we will analyze the legal provisions, interpret the institutional structure, and observe Macau's local society and culture to explore the resistance factors to the legalization of same-sex marriages in Macau: firstly, at the level of the legal system, it is clearly stipulated that the subject of the marriage is of the opposite sex in Macau's Civil Code, and there is a lack of anti-discriminatory mechanism and design of a pluralistic marriage system; secondly, at the level of culture and religion, the traditional Confucianism is deeply entrenched, coupled with Catholicism, which has long influenced the culture and values of Macau's inhabitants. Secondly, at the cultural and religious levels, the deep-rooted traditional Confucianism and the Catholic culture have long influenced the culture and values of Macao residents, resulting in a lack of social acceptance of same-sex marriages; and finally, at the social level, the low level of political participation of Macao residents and the limited mobilization capacity of the civil society have further weakened the impetus of the society. This paper argues that the resistance to the failure to legalize same-sex marriage in Macao is not merely a matter of legal technicalities, but rather the result of a confluence of multiple factors. Through the analysis of legal texts and realities, it can be found that the current exclusion of sexual minorities in Macau is characterized by the dual features of institutional and cultural, thus the foundation for the subsequent legalization of same-sex marriage in Macau can be laid through the reform of the legal system, the guidance of cultural perceptions and the reconstruction of the political participation mechanism.