Research On The Legitimacy Of Same-sex Marriage

Marriage is not only the basis of the formation of kinship, but also the present of social and cultural traditions in the legal system. By religious beliefs, customs, morals, etc, the legislation about the status relationship is quite different, but the rule that marriage is a union between men and women is a common starting point in the world. With the development of The Times, the traditional institution of marriage today is challenged by the “same-sex marriage”.Gays/Lesbians have experienced twists and turns in the history of the development, they were first considered to be a crime and then to be thought as a psychological disease and abnormal, gays and lesbians therefore suffered cruel treatment in countries such as Britain and the United States. Until the late 20 th century, they got rid of the stigmatized condition and thus were considered a normal phenomenon. Relying on a culture of subversion, Liberation created its rules, determined its own areas. Also, depending on the social constructivism, essentialism, queer theory, homosexual liberation movement intended for their own legal rights, and the most important right is the right of marriage, they hope they can marry the one they love, regardless of their gender.The normalization of homosexuality is the precondition of same-sex marriage issue, but it is not the source of its legitimacy. Facing the same-sex marriage, some supporters started from the basic argument, theoretically revealed the oppression to the gays and lesbians through social construction, other supporters started from the perspective of human rights and pointed out that only by making same-sex marriage legal can realize the value of equality and freedom. As a kind of institution, marriage is determined by the economic base, so the foundation of same-sex marriage is its own change of the marriage system. In traditional society, the marriage plays an important role in the connection of social relations and the establishment of the order of identity, same-sex marriage, however, pays no attention to the pure emotion tendentiousness. As a result, there is no living space for same-sex couples under such a condition. But in modern society, the function of marriage changes from the social production organization to personal feelings and mutual transformation of life, this change provides the legality of same-sex marriage with the real argument base.However, transformed from theoretical right to reality right, it needs not only the legislation, but also the gays and lesbians' own efforts and the public's tolerance and acceptance. Currently the worldwide countries hold different attitudes towards same-sex marriage, and the legislative model is also different. But it is a trend to provide the same-sex couples who live together for a long time with some rights. Homosexuality has caused many social problems in our country. Therefore, our country should conform to the trend of The Times, and give positive response to legalize same-sex marriage through a gradual way.