Legal Research On The Issue Of Homosexuality

To study the phenomenon of homosexuality, in a certain sense still is a not yetfully open closed field. Since ancient times, the issue of homosexuality has been as afuzzy field, no vocal narration, there is no clear theoretical construction, until the endof the nineteenth Century, this phenomenon can be used as a serious research projectinto the academic field. From Freud to the west, from the men’s and women ’s sex,marriage and pre-marital and extramarital sex and heterosexual and homosexualdifference, we can see the behavior and identity, personal desire and public morality,talking about sex and actual sexual behavior between there is always a tensionbetween the relationship. So to say, our laws against homosexual behavior regulation,to take on the social facts to pay no heed to the ostrich policy, or it was intended toavoid this social issue. However, human rights and freedom value much higher thancontrary to fact value, all the time since, law to violate social mainstream moralpractice has been very serious blow, but the effect is very little, but at the expense ofother areas of greater has direct interest and value, as Posner says, this sacrifice is notthe economic and the non rational. From the historical point of view, homosexuality isthe development trend from the closed and depressed to open and free.In contemporary society, homosexuality in general, as the tip of the aquifer, theunknown has become a must pay attention to and face the problem. On the regulationof homosexuality, moral rationality completely defeated. A direct link with ethics,ethical" stripped bare" perspective on sexuality--" gay need reasonable legalregulation" problem crying out, as the argument of this paper concept are discussedproblem.