| Homosexuality is a kind of objective phenomenon of human emotion since the ancient times. After its stage of decriminalization and non-psychopathy, there comes to a claim of marriage right. In response, more than twenty European countries, headed by Denmark, Norway, the Netherlands, Belgium, and the United States, has admitted same-sex marriage through their legalization, which makes same-sex marriage legal. On the contrary, there are still a lot of countries that don't accept same-sex marriage and even forbid it, with regard to their religion, culture and ethic. And our country does not admit same-sex marriage now.However, with more and more global integration and international communication, our country will inevitably encounter foreign same-sex marriage legal dispute, and from the perspective of minority rights, our country can't keep out of the affair. Therefore, firstly recognizing the validity of same-sex marriage, is not only beneficial to resolve disputes between two parties of same-sex marriage, but also helps our country's legal system to integrate into the world, and even can help to safeguard the essence of marriage and minority rights better.This paper starts with the three existing modes of same-sex marriage in the world, and discusses the necessity and the possibility of conflict of laws recognizing the validity of foreign same-sex marriage on the basis of research on specific provisions of the rights and obligations in major countries. Then it points out three legal problems relevant to recognize the validity of foreign same-sex marriage in our country, including the problem of right of jurisdiction, the problem of the mandatory provisions and the problem of reservation of public order. At the end, it comes up with three solutions accordingly, including exercise right of jurisdiction actively, remit the rejection effect of the mandatory provisions through the theory of evasion of law, and invoke reservation of public order reasonably. |
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