Homosexuality last for a long time, not only the primitive communes, but also the prosperous civilization and more prosperous society in the future. But as a non-mainstream thing, homosexuality doesn't be accepted. Homosexuality has no rights for living ever, not to say the rights about marriage. The homosexuality is gradually considered to be not an illness but a way to living. This is the basic of the same-sex marriage's legalization. The freedom of marriage is an important human right. The legalization of same-sex marriage represents the human rights in a country. It becomes to a real right. It's also jurisprudence to the distribution of the social benefit and a way to protect the order. The basic of marriage is the couples'ideas. Both the heterosexuality and homosexuality have the right to marry. The morality and law are the social criterions. But they have their different characters and functions, so that their ranges are different. At the same time, modern morality and traditional morality are different also. Though the same-sex marriage violates the traditional moral criterion, it doesn't mean violation the criterion of law. The traditional moral concept in China, which is the concept of marriage composed by male and female, restricts the process of same-sex marriage's legalization. The other point of the article is the legal issue of the applicable to foreign cases about same-sex marriage. That is to say, the applicable of foreign cases about same-sex marriage must accord two principles. They are evasion of law and reservation of public order. The principle of the most real connection is an important according to apple the law. Though there is no law to regulate the same-sex marriage in our country, it's necessary to regard the foreign cases about the same-sex marriage. It's different from the case in the domestic. We can have a conclusion that the legalization is a long-time and necessity trend all over the world. |