Right To Sexual Equality From The Perspective Of Same-sex Marriage

As a sub-culture, during thousands of years in human history, homosexuality is always being. It is true at all times and in all countries. However, the marriage system demands the isomerism as the base since it has been established. Since then, gender and sexual orientation have been closely related to hierarchical oppression, and the petition of sexual right and same-sex marriage has not been upheld all the time. Due to the lack of legal guarantee, the homosexual have long got the persecution, discrimination and pressure in every way. And their living status is a big concern. So the research on homosexuality had gradually started in lots of fields of modern science and the consistent conclusion had been derived, that is, sexual orientation is polynary in nature and homosexuality is a natural behavioral pattern. And that promotes the homosexual un-crime and un-pathology of the system turn in the field of law. It is after many subjects have rectified its name that the homosexual get the legal identity as the rational human; and more and more voices from them, as a group, appeal to guarantee their equal rights with law. In recent ten years, same-sex marriage has achieved recognition from some countries and regions in different way. And the cooperation of international human rights has also arrived a common understanding in a fair extent on the equality of sexual orientation and the legislation on anti-discrimination.In China, the research on homosexuality got off to a comparatively late; and the legislation for guarantee the rights of the homosexual also lags behind the world's tendency. The law should face it and communicate with them under rational consideration and discussion to promote to guarantee their rights with active method. In China, there is a certain amount of homosexual groups. And there are peculiar advantages for making same-sex marriage legal. The legal acknowledgement of same-sex marriage is not only urgent but also predominant. The study on legislative styles of same-sex marriage in countries in the world and the evaluation and analysis on their advantages and disadvantages are helpful for us to make choices and innovation which accord with national conditions in the legislation for same-sex marriage in the future. This paper discusses mutually promotional relation on sexual right and same-sex marriage with writings on the theory of the feminist and sexual sociology and hopes to push the legal process in concert of the equal sexual right and same-sex marriage with diverse subjects in various angles.