Two gay men who lost a court case on Wednesday in which they had battled for the right to marry have vowed to carry on the fight.

It was the first case of its kind in China in which gay people had tested whether same-sex couples have the right to marry. While homosexuality is not illegal in China, same-sex marriage has not yet been explicitly legalized.

The lawsuit was brought by the couple who were challenging the decision of a local civil affairs bureau that had denied them the right to marry. The case was dismissed after an open hearing that lasted three hours and that was held before an audience of nearly 200 people that included many journalists. The case was heard at a court in Furong district, Changsha city, Hunan province.

Sun Wenlin, the 26-year-old plaintiff, walked out the court hand-in-hand with his partner Hu Mingliang and said he would appeal.

"We gave away our 'wedding' candies after the hearing and even the opposing lawyer took a candy with a smile," he said.

Sun had filed the case in December after he was denied the right to marry his 36-year-old partner. The couple had gone to the Furong District civil affairs bureau in June register to marry but were rejected and told a legal marriage had to be between a man and a woman.

Sun disputed this in court, saying the Chinese term "yifuyiqi," which means a husband and a wife in the marriage law, refers to the identity of the participants, not their gender.

But the judge said China did not have explicit laws concerning same-sex marriage and that a husband and wife could only be a man and a woman under the marriage law.

Shi Fulong, Sun's lawyer, said he would like to represent Sun when he appeals.

"Marriage is a basic right of all citizens, including homosexuals," Shi said.

Li Yinhe, a famed sociologist who is a prominent supporter of LGBT rights, said the fight to realize same-sex marriage would continue.

"The result is not surprising but the process will have inspired others to courageously recognize and strive for due rights, despite social discrimination and stigma," she said.

Li said Chinese tradition highlighting reproduction was the reason why marriage is considered to be an institution between a man and a woman in China, while in the west, religion is the driving influence.

More than 600,000 netizens watched the online broadcast of the trial on Netease, one of the leading news Web portals in China.

Online, opinion about the lawsuit was largely skewed against the couple, with some labeling them "abnormal". Some netizens said they hoped such a high-profile court case would not encourage young people to "try homosexuality".

Sun said homosexuality was not a choice.

"Unsubstantiated fear comes from ignorance," he said. "We are born this way."

A gay man in his 50s, who followed the case, said: "I appreciate their courage in bringing the issue before the court and into the public spotlight. I would like my partner to be able to legally claim my heritage if I die before him but that won't happen without legal same-sex marriage."

Experts estimate China has about 25 to 30 million gay men.

Zhang Beichuan, a professor of sexology at Qingdao University, Shandong province, said legalizing same-sex marriage might help address a looming disparity in the numbers of men and women in the country and the problems that will cause in terms of traditional marriage.

Previous reports have said that, by 2020, China is likely to have 24 million more men than women. That is likely to leave areas, such as poor rural parts of the country, with massive populations of aging bachelors.