On The Legislative Evolution Of Homosexual Marriage

Homosexual phenomenon has existed even since the human society come into being. In abroad, homosexuals had been persecuted terribly. Nowadays, with the development of homosexual rights movement and human rights movement, the rights of homosexuals have been enlarging continually. During the homosexual rights movement, the legalization of homosexual marriage is the top goal of homosexuals. However, it is widely acknowledged that marriage is a union of man and woman. Fortunately, with the ongoing efforts of homosexuals, many countries have approved homosexual marriage and protected homosexuals' rights of marriage and family by legislation. But people in China pay no attention to homosexuals' rights at all, let along to accept the homosexual marriage.Homosexual marriage witnesses a process from criminalization to non-criminalization. Only in this base, the right of homosexuals can be protected by law and homosexual marriage become true. From the angle of history, homosexual marriage in foreign countries has a long and complex evolution. Europe, America and Africa countries have different legislations on homosexual marriage and they classify homosexual marriage into non-marriage mode and marriage mode. However, due to the differences of application scope, the non-marriage mode can be divided into registered partnership and civil union. In Chaina, homosexual marriage also has a change of status in the history. Due to the different reviews on homosexual marriage in our country, we should recognize homosexual marriage in the interests of human rights protection and AIDS prevention. Owing to the fact that many people believe that marriage is a union of man and woman, we should adopt a transitional mode in recent stage, the non-marriage mode, to protect the homosexuals' rights in our country.