Gay Marriage And The Family Protection

Homosexual has a long history, but they don't have the rights to marry actually. Their rights were excluded from the mainstream cognition, not only the social morals but also the legislation. The social morals regarded homosexual as unnatural, immoral. The hamper that legislation didn't protect same-sex marriage is that the same-sex marriage means disaster to the traditional marriage. Thousands of years, no matter the aristocrats or the citizens, people believed that marriage is a man marries a woman. This article aims to protect homosexual's marriage and family rights and makes a recognition that confirming homosexual' marriage and family rights is ensures their sexual orientation and relates their subjectivity together. The barrier of tradition can't let homosexual to disobey their willingness of sexual and get into traditional marriage based on the traditional law of marriage. Law should respect homosexual's sexual orientation and offer protection. Studying and analyzing the labeled identity of 'homosexual', explain the basis of authorizing homosexual rights: to ensure sexual orientation of homosexual and to confirm their rights. Moreover, verifying and confirming homosexual' right, not only to get the true answer under the reasonable situation, but also to realize the value: verifying and confirming homosexual' right to making the rights to be recognized by the creation of legal mechanisms, to making the rights to be protected by the law truly and thoroughly.The train of thought of this article is enlightened from the sentence which state that "it's would be better process and way to put the same-sex marriage as a part of equal marriage right into the course of promoting equal right law." Firstly, this article discusses that homosexual has human rights including the right to marriage and family in the perspective of human rights. Secondly, this article discourses on that it's proper that homosexual has marriage and family rights in the view of marriage and family. Thirdly, introducing and analyzing the legislation of marriage and family rights of homosexual in the foreign country and China Taiwan region. Finally, this article discusses that how to make the marriage and family rights of homosexual come true in China mainland.There are four parts in this article, about 36000 words totally.The first part is "legal basis of homosexual has human rights equally." Including two sections. The first section set forth the concept of human rights and the statement that everyone should have human rights equally. The second section is the important one. Firstly, observing on homosexual's human rights in the perspective of social constructivism theory and essentialism theory, for the purpose of demonstrating that homosexual is the person who is not sick and immoral. They are entitled to ask for help from the country just like the other social citizens who are the owner of human rights. Then confirming the equal right of homosexual by citing international literature, such as ,, and < Yogyakarta Principles>. Comes to the conclusion, homosexual should have marriage and family rights which is one of part of human rights as well as have human rights equally.The second part is "the marriage and family rights of homosexual", which is comprised by two sections, one is the concept of marriage and family rights and the other is discussing on homosexual's marriage and family rights. The first section is about the relationship of human rights and marriage and family rights and the owner of marriage and family rights. In the second section, this article firstly demonstrates that the marriage and family right of homosexual just is the right to marry heterosexual according to the existing law. They can't have same-sex marriage based on their sexual orientation. But when they marry heterosexual under the stress, they will suffer negative evaluation from the society. Actually, it deprives the marriage and family rights of homosexual indeed. Then analyzing that why the traditional concept of marriage is about man and woman and the gender basis of marriage, coming to the conclusion that sex can not be the barrier of same-sex marriage any more as the fertile function of marriage is getting weak. Finally, proving it's proper of same-sex marriage and family in the view of the function of family, the mode of family and the diversification of social gender roles.The third part is "introducing and analyzing the legislation of marriage and family rights of homosexual in foreign country and China Taiwan region. Two sections comprise this part. The first section concludes foreign legislative model and China Taiwan region legislative situation. This article introduces foreign legislation thoroughly and makes a separate introduction regarding the mode of same-sex marriage legalization and domestic partnership mode according to the different ways of protecting the marriage and family rights of homosexual in different countries. The second section is about analyzing above legislative mode and making a conclusion that domestic partnership mode is better for China mainland.The last part is "legislative status and legislative proposals about marriage and family rights of homosexual in China mainland". Firstly, this article describes the legislative status of marriage and family rights of homosexual in China mainland and analyses the reason, comes to conclusion that it's no good if the law keeps neglecting the marriage and family rights of homosexual. This article advises that it's better to take the domestic partnership mode in the legislative proposal of marriage and family rights of homosexual in China mainland. By making reference of < Civil Code of France>,, interpreting and citing of Washington state of the USA, , this article makes proposal about domestic partnership mode, including establishment, termination and content of domestic partnership.