A Chinese court will hear its first same-sex marriage case after a gay man, who was denied an application for a marriage license, filed a case against officials of  the civil affairs bureau.

Sun Wenlin, 26, filed a case in December against the civil affairs bureau for denying him the right to marry his partner. On Tuesday, a court in Changsa, southern Hunan province, accepted to hear the case. LGBT activists have described the move as a 'breakthrough' in upholding gay rights.

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While China is rather lenient on homosexuality with large cities teeming with same-sex couples, same-sex marriage is still illegal and same-sex couples continue to live together without any legal protection at all.

"I think from a legal point of view, we should be successful," Sun said. "Our marriage law says there is the freedom to marry and gender equality. These words can be applied to same-sex marriage."

Sun said he filed the case last December because he wanted to get married to his 36-year-old partner and later on, adopt a child together .

Sun said when he tried to register to marry his boyfriend in June, his application was outrightly denied by an official at the Furong district civil affairs bureau.

The Furong official told him, " marriage had to be between a man and a woman."

LGBT activists say the court's acceptance of the case is 'significant' and will likely be a springboard to more of such cases being filed in court.

Activists view the court's acceptance of the case as some sort of 'willingness' of the judicial system to address the LGBT issues and concerns.

Sun's lawyer, who spoke on the condition of anonymity, said the court will hear the  case within six months.

"From the standpoint of improving visibility, this case is no doubt a victory," said Sun's lawyer.

TagsChangsa court, same sex marriage, civil affairs bureau, LGBT community, Sun Wenlin