| Homosexuality,from being non-pathological to more and more LGBT having the courage to "coming out",becomes a social phenomenon gradually appearing in the public because of the consciousness awakening of human rights and the attitude towards traditional culture changes more than the public opinion to LGBT being objective.LGBT want to have the right to get married,the right to freely express emotion and so on like the heterosexual,which needs to get the recognition of the social,cultural and legal.It is essential to define homosexuality on the constitutional attribute.Only when the basic rights of constitution protect LGBT,and law guarantee explicitly the theirs rights and interests of every aspect,every right and interest shall be claimed and exercised in accordance with law.Expliciting and detailing to the protection of LGBTs’ rights and interests,not only need to eliminate social discrimination against them on the views of macroscopic and enact legislation both in the rights and the social insurance on the views of middle,but also need to handle the relationship between the LGBTs and their family members as well as set up the concept of safe sex behavior,which will provide tolerant social environment,a comprehensive legal and institutional environment from the aspect of survival and development.Sun Wenlin and Hu Mingliang prosecuted Civil Affairs Bureau of Changsha Furong District because of the Bureau refusing to accept the marriage registration.People’s Court of Changsha Furong District rejected their claim in accordance with the Marriage Law of the People’s Republic of China and Regulation on Marriage RegistrationThe case is referred to as The First Case of Homosexual Marriage in China.Although law and regulation of China does not recognise same-sex marriages at present,but the appearance of the case caused the social from all walks of life.This article explores suitable protection outlet to LGBTs’ rights and interests based on the reality in our country from the perspective of constitutional theory with The First Case of Homosexual Marriage in China as the breakthrough point,and meanwhile,inspiring and learning the foreign countries protection system of protecting LGBTs’ rights and interests. |
