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Confucianism and Same-Sex Marriage

Published online by Cambridge University Press:  19 February 2020

Tongdong Bai*
Affiliation:
School of Philosophy, Fudan University
*
Address correspondence and reprint requests to: Tongdong Bai, School of Philosophy, Fudan University, 220 Handan Road, Shanghai, China. E-mail: [email protected]

Abstract

In the majority opinion by the U.S. Supreme Court over same-sex marriage, a claim by Confucius was quoted, which led to an uproar among Confucian scholars in mainland China. In this article, I will first explain the background of the debate over same-sex marriage in the United States, and why Confucius's claim was quoted. I will then show how a contemporary Confucian philosopher Zhang Xianglong addressed the issue of same-sex marriage from a Confucian perspective. In my view, compared with other mainland Confucians' responses, Zhang's are one of the most scholarly and moderate responses that nevertheless follow Confucian values. But he eventually rejected same-sex marriage on the Confucian ground. I will argue that, based on some Confucian values and principles which are shared by Zhang, we can answer Zhang's concerns with same-sex marriage, thus offering an even more moderate Confucian stance that accepts same-sex marriage. But this stance is still different from the typical liberal one. We will also see that, in order to accept same-sex marriage, it is the liberals, not the Confucians, who will have to deal with an issue—the acceptance of polygamy—that poses a serious challenge to the principle of equality, which is fundamental to some liberals.

Type
Article
Copyright
Copyright © Religion and Politics Section of the American Political Science Association 2020

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Footnotes

The research for this paper is supported by the Program for Professor of Special Appointment (Eastern Scholar, second term) at Shanghai Institutions of Higher Learning. I also wish to thank Professor Nicholas Tampio and the two anonymous reviewers for their extremely helpful comments, the responses to which have made this paper significantly better than its first draft.

References

REFERENCES

Angle, Stephen C. 2018. “Progressive Confucianism and Human Roles.” Confucian Academy 5 (2): 1633.Google Scholar
Bai, Tongdong白彤东 2015. “Who is Imagining Polygamy, and Who is Defending Liberty?—Confucian Scholar Bai Tongdong's Response to Dai Jinhua”谁在想象“妻”?谁在捍卫自由?儒家学者白彤东回应戴锦华, The Paper 澎湃新闻, December 31, 2015. http://www.thepaper.cn/baidu.jsp?contid=1412686 (Accessed on October 10, 2018).Google Scholar
Bai, Tongdong白彤东 2019. Against Political Equality: The Confucian Case. Princeton, NJ: Princeton University Press.Google Scholar
Baumeister, Roy 2007. “Is There Anything Good About Men?” American Psychological Association, Invited Address. https://psy.fsu.edu/~baumeisterticelab/goodaboutmen.htm (Accessed on October 16, 2019)Google Scholar
Chan, Sin Yee 2003. “The Confucian Conception of Gender in the Twenty-First Century.” In Confucianism for the Modern World, eds. Bell, Daniel and Chaibong, Hahm. Cambridge: Cambridge University Press, 312333.Google Scholar
Chan, Sin Yee 2016. “Would Confucianism Allow Two Men to Share a Peach? Compatibility Between Ancient Confucianism and Homosexuality.” In The Bloomsbury Research Handbook of Chinese Philosophy and Gender, ed. Pang-White, Ann A.. London: Bloomsbury Publishing, 173202.Google Scholar
Cheng, Shude 程树德 1963. Studies of the Laws of Nine Dynasties九朝律考. Beijing: Zhong Hua Shu Ju中华书局.Google Scholar
Cossman, Brenda 2008. “Betwixt and Between Recognition: Migrating Same-Sex Marriages and the Turn Toward the Private.” Law and Contemporary Problems 71 (3): 153168.Google Scholar
Crane, Sam 2013. Life, Liberty, and the Pursuit of the Dao: Ancient Chinese Thought in Modern American Life. Malden, MA: Wiley-Blackwell.Google Scholar
Dai, Jinhua 戴锦华 2015. “The Ghost of Polygamy Lingers in Contemporary Gender Imaginations”当下的性别想象中,深刻地存在着“多妻制”的幽灵, The Paper 澎湃新闻, December 15, 2015. https://www.thepaper.cn/newsDetail_forward_1409159 (Accessed on October 10, 2018).Google Scholar
Davis, Adrienne D. 2010. “Regulating Polygamy: Intimacy, Default Rules, and Bargaining for Equality.” Columbia Law Review 110 (8): 19552046.Google Scholar
Den Otter, Ronald C. 2015. “Three May Not be a Crowd: The Case for a Constitutional Right to Plural Marriage.” Emory Law Journal 64: 19792046.Google Scholar
Jiang, Qing 蒋庆 2015a. “The Confucian Leader Jiang Qing on Same-Sex Marriage: an Unprecedented and Devastating Challenge to Human Civilization” 儒家领袖蒋庆论同性婚姻:人类文明亘古未有的毁灭性挑战, The Paper 澎 湃新闻, July 22, 2015. https://www.thepaper.cn/newsDetail_forward_1355289 (Accessed on October 10, 2018).Google Scholar
Jiang, Qing 蒋庆 2015b. “An Interview with the Mainland New Confucian Leader Jiang Qing: Only Confucians Can Offer a Place for Modern Women”专访/大陆新儒家领袖蒋庆:只有儒家能安顿现代女性, The Paper 澎湃新闻, August 12, 2015. https://www.thepaper.cn/newsDetail_forward_1362813 (Accessed on October 10, 2018).Google Scholar
Lau, D. C.刘殿爵 (tr.) 2000. Confucius: The Analects (First Paperback Edition). Hong Kong: The Chinese University Press.Google Scholar
Lau, D. C.刘殿爵 (tr.) 2003. Mencius, Revised and Bilingual Edition. Hong Kong: The Chinese University Press.Google Scholar
Loewe, Michael 2009. “Dong Zhongshu as a Consultant.” Third Series 22(1): 163182.Google Scholar
March, Andrew F. 2011. “Is There a Right to Polygamy? Marriage, Equality and Subsidizing Families in Liberal Public Justification.” Journal of Moral Philosophy 8: 246272.CrossRefGoogle Scholar
Metz, Tamara 2007. “The Liberal Case for Disestablishing Marriage.” Contemporary Political Theory 6: 196217.10.1057/palgrave.cpt.9300277CrossRefGoogle Scholar
Raphals, Lisa 1998. Sharing the Light: Representations of Women and Virtue in Early China. Albany, NY: SUNY Press.Google Scholar
Rosenlee, Lisa 2006. Confucianism and Women: A Philosophical Interpretation. Albany, NY: SUNY Press.Google Scholar
Sheng, Hong 盛洪 2012. “‘Families Having Been Doing Charitable Things Will Be Particularly Blessed’—On the Historical Dimension of Confucian Constitutionalism.”积善之家,必有余庆—论儒家宪政原则的历史维度, In Confucian Constitutionalism and the Future of China, 儒家宪政与中国未来, eds. Ruiping, Fan范瑞平, Bell, Daniel, and Hong, Xiuping 洪秀平. Shanghai: East China Normal University Press 华东师大出版社, 4254.Google Scholar
Stanley, Alessandra 2006. “‘Big Love’: Real Polygamists Look at HBO Polygamists and Find Sex.” New York Times, March 28, 2006, https://www.nytimes.com/2006/03/28/arts/television/28poly.html (Accessed on October 10, 2018).Google Scholar
Supreme Court 2015. Syllabus of Supreme Court of the United States, No. 14-556. Argued April 28, 2015—Decided June 26, 2015. http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf (Accessed on March 9, 2019).Google Scholar
Wang, Wenjin王文锦 2001. An Commentary and Translation of Li Ji礼记译解. Beijing: Zhonghua Shuju中华书局.Google Scholar
Wang, Robin 2003. Images of Women in Chinese Thought and Culture: Writings from the Pre-Qin Period to the Song Dynasty. Indianapolis, IN: Hackett.Google Scholar
Zeng, Yi曾亦 2015. “Homosexual Affairs Are a Deadly Tumor That Results from the Modern View of Marriage” 同性恋是现代婚姻观结出的毒瘤, The Confucian Network儒家网, June 27, 2016. https://www.rujiazg.com/article/id/5718/ (Accessed on October 10, 2018).Google Scholar
Zhang, Xianglong张祥龙 2007. “The Places of ‘Gender’ in Chinese and Western Philosophies and Their Implications.” “性别”在中西哲学里的地位及其思想 后果, In The Refuge of Thought: Ancient Chinese Philosophical Wisdom in Globalization思想避难:全球化中的中国古代哲理. Beijing: Peking University Press北京大学出版社, 213240.Google Scholar
Zhang, Xianglong 张祥龙 2015. “The Confucian Perspective on the Legalization of Same-Sex Marriage”儒家视野中的同性婚姻合法化, The Confucian Network 儒家网, July 9, 2015. https://www.rujiazg.com/article/id/5784/ (Accessed on October 10, 2018).Google Scholar
Zhang, Xianglong 张祥龙 2016. “How Will Confucianism View the Legalization of Same-Sex Marriage.”儒家会如何看待同性婚姻的合法化, The Renmin University Journal中国人民大学学报, (1): 6270.Google Scholar
Zhao, Puchu 赵朴初 2014. “Does Buddhism Require Everyone to Get Out of the Family?”佛教是不是要求人人都出家, Buddhism on the IFeng 凤凰网佛教, September 12, 2014. https://fo.ifeng.com/a/20140912/40803291_0.shtml (Accessed on October 10, 2018).Google Scholar