Research On The Legislative Mode Of The Same-sex Combination

With people’s deeper understanding of natural and social science and thecontinuing evolution of the public consciousness, homosexuality is accepted gradually.Based on the increasingly open homosexual activity, however, people are more worriedabout the moral "landslide" effects, lest the recognition of homosexuality will give thepolygamous and cousin marriage, incest, and the pedophile crime more excuses andfoundations. Same-sex marriage has produced some problems of the conflict of lawsand caused many scholars, including legal ones, focus on homosexuality and same-sexmarriage.Marriage and family rights, the majority of people’s born rights, are unreachablefor people with same-sex sexual orientation. According to Chinese current laws, gaycannot marry his or her lover with the same sex, so marriage becomes their biggestbarriers to achieve equal human rights. Perhaps someone will doubt why should ourlaws protect and give the right to the person whose sexual orientation is different fromthe majority. Prejudice and discrimination is always accompanied by low publicawareness for gays. It is not enough only by the author’s voice to “justify” gays, so therelated theories of practice at home and abroad are introduced in order to analyze thelegitimacy of gay’s right in marriage and family, aiming at that gays should be respectedby society and law.Based on interpretation of the concept of gay and lesbian and gay marriage, theauthor ponders the change of the legal status of gay and proofs the legitimacy ofsame-sex marriage from two aspects of rationality and validity. By analyzing the foreignsame-sex marriage legislative mode, the author proposes the gay legal protection modeand the same-sex marriage system of current transition mode and future marriage lawmode in China.