How To Protect The Marriage Rights Of The Homosexual Person’s Oppsite-sex Spouse

Gay community is a special group, but around the gay there is a more special group "Tongqi" or "Tongfu"(" Tongqi " refers to gay men’s wife," Tongfu " refers to lesbian’s husband).Since China’s reform and opening up, Chinese social tolerance of gays and lesbians in gradually increase, but in the traditional gender concepts, and the mainstream culture, the traditional marriage and family consciousness homosexuals are still under a certain degree of pressure.In order to get a peace on the surface of the part of gay people hide their sexual orientation, selection and heterosexual marriage, thus using traditional marriage patterns to withstand the pressure of society, created a "tongqi" or "a" with this particular group.As a gay partners, whether emotional suffering or physical suffering, their misfortune.But due to the blank related laws and regulations, in the face of related interests, legal theory and practice on the part of the marital status and rights and interests of the people the understanding of the security is not consistent, various views in succession, as judge judge in awkward position.The purpose of this paper is to legally a targeted focus on the social phenomenon, the application method of sociology, comparative law research methods, from the perspective of empirical and theoretical, analyze gay marriage rights and interests of the opposite sex partner aggrieved, law should be given to this problem.The paper first chapter, through several typical cases and the current judicial theory and practice of different views on this question, to reflect the current difficulties faced by gay straight spouse rights;The second chapter, by the nature, function of marriage and family, and the spouse rights and obligations, to reveal the gay of the spouses of the opposite sex marriage rights violations, and the defects of current law regulation;Finally, the third chapter combines the present stage of China’s national conditions put forward effective measures to safeguard the rights and interests of gay marriage partners.