On The Right To Marriage For Homosexuals

Homosexuality in contemporary Chinese society has become a remarkable phenomenon in the study of homosexuality is gradually deepened. In China, non-pathology of homosexuality has been completed. Now, more and more homosexuals want to get married .And same-sex partners enjoy the same rights and obligations like heterosexual couples. In my opinion, homosexuals can get married, the civilized society should allow individuals to have the right to choose one's own life style and we should hold a kind of tolerant and respected attitude to the homosexual companions who live together because of love.This thesis is composed of five parts. Firstly, I show the basic situation of homosexuality.Then discuss the legitimacy of homosexual sex.Secondly, the legitimacy of homosexual identity proof, from the nature and purpose of marriage discussed the legitimacy of homosexual marriage. Homosexuals have the right to clarify the characteristics of marriage, it should be legally recognized; then analysis of the institutionalization of homosexual marriage should not be an obstacle and will be a certain degree of digestion. Finally built up on the legal protection of homosexual marriage.In the first part this thesis introduces the basic situation of homosexuality . As a basic social phenomenon homosexuality is universal, mandatory and the external. The universality of the phenomenon of homosexuality means that the phenomenon of homosexuality since ancient times, are prevalent in the world. This is where the significance of research and homosexuality. Externality refers to the phenomenon of homosexuality as a sexual orientation and homosexual behavior is independent of the individuals .The phenomenon of homosexuality is mandatory that it be accepted, we do not feel its strength and when it meet with opposition suppressed, it is not extinct. The main explanation for the phenomenon of homosexuality is innate formation theory, psychology, Constructivism Theory and the"queer"theory of the four levels. Not necessarily have sex with homosexuals, in accordance with homosexual tendencies homosexuals can be divided into true homosexuality. homosexuality and homosexual sex and pseudo-three. This paper refers to the true homosexual homosexuals.The second part is about the legitimacy of homosexual identity from a sociological point.Agree with the gay community on the basis of self-identity and social identity will promote self-identity. Firstly, the majority of the complex interaction of the process of self-starting, mainly in his capacity as an option The establishment of homosexual identity, the more self-identity is determined by homosexuals. Practice self-identity is gay life the inner motivation. Secondly, homosexuals are not patients, not moral transgressions, neither immoral nor prevent birth order. AIDS is not a hotbed. In China, homosexuality is doing a non-pathological, homosexuality is no longer as a mental illness. The liberalization of moral evaluation of homosexuality is morally legitimate as possible. China mainly from the changes in public awareness of homosexuality in scientific research and popularize scientific knowledge. Finally, in granting recognition to homosexual community on the basis of the law to give homosexuals the main qualification recognition. From ancient times to roughly experienced the heavy punishments imposed by the relaxation of the law and to equal protection of homosexuals Moral three stages. China has no legal right to punish homosexuals the right to equal protection and access to their stage.The third part proves the legitimacy of homosexual marriage. Marriage is the institutional arrangement of marriages between men and women. Ancient marriage and the birth of social unity, for the purpose of marriage is childbearing. Modern society has been the relative separation of marriage and childbearing, marriage and childbearing is no longer the primary objective. Separation of marriage and childbirth is still necessary for the individual and society. From the marital relationship so as to ensure the stability and thus maintain the basic order of society. On the subject of marriage, the purpose of marriage is the pursuit of happiness. In value level, the institution of marriage that is the private domain of the balance order and freedom. Marriage on the basis of generally about: physiological needs, Psychological needs,Emotional needs,Daily needs. Marriage is the moral foundation of love. On the legal aspects of the nature of marriage is a covenant. On the principles of freedom should not include the restrictions.Homosexual"marriage"have their own personality, interests selective, environmentally sound and socially just four sexual characteristics. The same requirements as homosexual heterosexual marriage is a legitimate request.The fourth part overcomes the practical obstacles to the right to marriage for homosexuals. I analyse why homosexual marriage can not enjoyed from the two levels of concept and system. On conceptual level, some homosexuals can not identify themselves, and the public has not yet been able to have a thorough understanding of homosexuality. The negative guidance to the public media have led to marriage can not enjoy the right of homosexuals. This requires courage homosexuals themselves"come out"internal perspective to guide the public media. by the government to promote a comprehensive understanding of homosexuals. At the institutional level, both legislative and judicial reasons. On the legislative front, the standardization of our Constitution itself is not that high, and the right of civil marriage and equal rights for the confirmation meaning unclear. It is difficult to recognize the right to marriage for homosexuals because of the absence of constitutional litigation.The fifth part deals with the legal protection of the right to marriage for homosexuals. At the legislative level, the first rule of sporadic pattern of foreign same-sex marriage, domestic partnership model. Four modes of partnership and marriage registration mode mode briefly to the Legislative Review. Then expounded the Chinese society is still unable to accept same-sex marriage and heterosexual marriage is no difference in the pattern and sporadic pattern of rules and domestic partnership model is not sufficient for the protection of the right to gay marriage. So the registered partnership model is more appropriate.