The Legal Principle Basis Of Equal Protection Of Homosexual's Rights

Homosexuality is prevailing natural phenomena, which exists in the history of human being and a variety of cultures. No matter it is the well developed industrial society or the uncivilized primitive society, the phenomena exists. No matter it is the 21st century today or the ancient times, the phenomena exists. Meanwhile a vast amount of investigation shows that there is a quantity of fixed rate of homosexual that accounts for 2-5% among the adults in the society of different areas, systems or cultures. According to the investigation of sociologists in our country, the number of homosexual in China ranges from 39,000,000 to 52,000,000.However, homosexual usually lives under the shade of bias, discrimination or persecution of the public and government. The absolute number the homosexual is large, though the relative number is not big. In fact, before 3AD, the homosexual's living circumstances are not so bad as today's. No matter they live in the culture of ancient Rome or the traditional Chinese culture. It's until AD4 that Christianity became the state religion of Rome. The homosexual in western countries stepped into the abyss of disasters. And the Persecution was even worse during the mid-late stage of mid-century and people are a little tolerant to homosexual until AD19 with the movement of human rights springing up vigorously. In the mid-late stage of AD20 It has been a trend to consider homosexual conduct as not guilty and rational. But the deep-rooted impression to the homosexual still exists. Such as homosexuality does harm to the society, they are abnormal and easy to infect V.D. So the legal rights of homosexual do not get a proper attention and protection.Actually, homosexuality's existence is historical and objective and is one style of sexual orientation, is a kind of state and personality but not "behavior" just like left-handed person to us and nothing else. Liberalism hurting principle as a law in a nation to restrict people's liberality and rights has testified that homosexual and homosexual conduct do no harm to others. So the government should not interfere in the way that people have sex or homosexual conduct. Besides under the view of modern liberalism law any discrimination legislation and government step only based on sexual orientation in a liberty democracy system society all that conflicts with the fairness justice principle of democracy constitutionalism. More over analyze from legal economics, we can see the law that restricts homosexual does not perform well. And may increase the possibility of executing the law willfully because of the prejudice on the homosexual. This not only increases the cost of the government but also increase the living cost of the homosexual.Therefore, homosexual as a normal natural person should be the whole principal part that enjoys the constitution protection of the basic rights and should have the same basic rights of the heterosexual.