The Recognition Of Minorities' Rights:An Analysis Of The Legalization Process And Reason Of Same-sex Marriage In American

The legalization of same-sex marriage in America is the recognition of the minorities' rights under the American pluralistic democratic political system. The paper from the perspective of the legalization of same-sex marriage,try to study on the minorities of homosexual how grasp effective political resources realize their rights under the separation of powers constitutional system.This paper include four parts except the introduction and conclusion :The introduction mainly introduces the topic origin and significance of writing,summarizes the research status at home and abroad, while to explain why the homosexual community called for the minorities..Part one,reviewed the course of the legalization of same-sex marriage in the America by selecting key cases, then through the case of different origin, development process and the final results to revealing the political power's influence to legalize same-sex marriage.Part two,based on the first part,I intend to analyze the role of the court in the legalization of same-sex marriage process. This part selects the state court and the Federal Supreme Court to analyze. The states court have great independent option under the federal system, which can make a valuable exploration on same-sex marriage, in effect, can influence the other brothers states,meanwhile don't inspire national backlash. The Supreme Court has the highest judicial authority, make same-sex marriage become the a constitution right through the judicial review to interpret the Constitution.Part three,this part selects the Congress, president, homosexual groups to demonstrate other political forces influence on the legalization of same-sex marriage.The president attitude on same-sex marriage impact the development of the homosexual rights movement during their administration.Congress is representative of the benefit of the majorities,which by legislation influences the trend of same-sex marriage.Homosexual organizations can create public opinion, submit the Amicus Curiae,to support litigation and other means to become important forces in the legal process of same-sex marriage.At the same time, the president,Congress,homosexual organizations and the courts work together to promote the development of this same sex marriage.Part four,I want to discuss the theoretical basis of the political power. Rooted in the idea of freedom and equality, and with the trend of thought of multiculturalism,through the protection of the Constitution and the rights struggle, influence the political force on the concern of same-sex marriage.In the conclusion,I try to illustrate the recognition of minorities' rights is the results of the majorities of people change their concept in the long run.The court is the central power to promote this change happen.From the essence,same-sex marriage is the change of human concept of marriage.