On The Legitimacy Of Same-Sex Marriage

This thesis is about same-sex marriage as a fundamental right. It is also about the role of law in society and what our society's promise of equal protection of the law really means. Same-sex marriage is one of the most important constitutional issues facing China today. But same-sex marriage is one of the issues that most directly challenge our commitment to genuine legal equality. Although people disagree about the specifics, there is broad agreement within the Chinese legal and academic communities that all persons should have the same legal rights regardless of their race ethnicity, national origin , gender, or religion. But when the subject turns to gays and lesbians, many people grow more confused and hesitant. Are sexual orientation and gender really comparable ? Are gays and lesbians seeking special rights rather than equal rights? These questions trouble many people who are genuinely committed to legal equality for all persons.