On The Legalization Of Same-sex Marriage

The Taiwan civil law amendment of marriage equality passed on December 19 th 2014 has brought the gay marriage legalization to the focus of controversy in many countries. The legalization of gay marriage indicates that our society has taken every single people as a complete free and independent subject of sex, which should be regarded as a great leap forward on sexual rights of human beings.This thesis consists of three parts excluding the introduction and conclusion, which are the basic overview of gay marriage, the origin of the problem--- the emergence of gay marriage demands, and legitimacy of gay marriage.The first part of the text has made a basic introduction about homosexual love and marriage, which mainly includes the phenomenon of homosexual love and knowledge about gay marriage. For instance, the generation and definition of the word ‘homosexual love’, the record of homosexual love in our history, and how the view changed on it and the definition of ‘gay marriage’ as well as the progress status of gay marriage legalization in all countries.The second part of the text mainly talked about the origin of gay marriage demands. With no legislation of gay marriage in our country, homosexual people have to choose some ‘special‘ form of marriage out of their true sexual orientation yet under all kinds of pressure. They have to maintain and be loyalty to their heterosexual fact marriage with their gays’ wives and establish a heterosexual marriage of convenience. This part reveals many kinds of problem caused by the marriage in ‘some other way’ out of helpless choices through cases of some special forms of marriages, such as gay wives, divorces, fertility problems. This part also talked about the awakening of sexual consciousness caused by sexual liberation movement and the demands of legal rights of the homo-people. All problems and movements above have promoted the demands of homosexual marriage.The third part of text has discussed the legalization of homosexual marriage from three aspects. Firstly started with the two formation mechanism theories – essence theory and constructivism, this text indicates that homosexual love may be caused by unchangeable biological factors or construction of history and culture. These two theories have both provided theoretical support to the legalization of homosexual marriage. Second, the text talked about the legitimacy of homosexual marriage from the aspect of human rights. It is supposed to be rightful to permit homo-marriage in this era of human rights. Just as minority rights should be protected, the rights of homosexual people should also be equally treated. Homosexual marriage legislation should not be missing in the world of laws. And finally, by criticizing the homo-marriage decline theory supported by opposition of homo-people, the text emphasizes homo-marriage would not lead to moral decay of the society.Compared with western world, the homo-people in our nation are facing even greater pressure from the traditional culture and concept. Anyway, along with the growing tolerance of this society and development of consciousness of civil rights, there are now more and more supports on homo-marriage. It is a fact that the law in our country can not be blind to, and also the rights of homo-people should not be neglected.