Study On The Legalization Of Homosexual Marriage In America

Homosexual phenomenon has existed since ancient time. In the eyes of most ordinary people, this behavior or phenomenon represents unusual and alienation. But with the constant collision with the growing multicultural society culturally inclusive, more and more people begin to objectively understand and accept homosexual phenomenon. In recent years, the gay community worldwide human rights movement continued, sparked the gay community about the protection of the rights, particularly the right to gay marriage guaranteed attention. June 26,2015, the US Supreme Court in the case of Obergefellv.Hodges 5:4 slight advantage of same-sex marriage ruling in line with the US Constitution. So far, the United States became the world’s first 21 countries recognize same-sex marriages. Needless to say, the United States has been an important representative of the Western mainstream culture idea, the legalization of same-sex marriage in the United States may represent the entire Western world’s major gay attitude shift. Therefore, this article choose the United States as the research object, the right to same-sex marriage combing the development process in the United States, especially in the background of federalism gradually into the process from the state Supreme Court, and this important case involved during elaborate and deeper level to analyze the social basis of the United States to legalize same-sex marriage and faced controversy.The first part is to define the basic concepts, the main concept is clear from what is gay, what is same-sex marriage and same-sex marriage and gay brief question in American context. The second and third part were to state and federal level representative to sort out cases of same-sex marriage. Before Obergefell case, same-sex marriage can be regarded as substantially within the jurisdiction of states’rights, states attitude toward same-sex marriage and so forth. Obergefell case means that the Supreme Court will bring the gay marriage issue into the powers of the federal and show the supportive attitude, so to speak this change the main topic of same-sex marriage issue fundamentally. The fourth part is start with the pluralistic values, changes of marriage conception and some deeper factors to discuss the social basis of the legalization of same-sex marriage. The fifth part analyzes the challenges and questions of gay marriage in the United States are facing from the perspective of federal and state separation of powers, the distinction between the political and judicial, legal and religious relations. Finally, a brief conclusion.