Constitutional Analysis To The Same-sex Marriage

Same-sex marriage involves many fields such as law,religion and social ethics,and its appeal of legalization is the ultimate goal of gay rights movement.Homosexual people have experienced the difficult process of decriminalization and disease,and put forward the right to same-sex marriage.The controversy about same-sex marriage is hotly debated,Is marriage a union between the sexes? Is it aimed at fertility? Will there be a traditional ethical crisis? These controversies have not yet come to a conclusion,but the attitudes of all countries towards same-sex marriage are already reflected in the country's legislative model.Based on a number of factors,different countries have different attitudes towards the legalization of same-sex marriage.Countries with positive attitudes have legalized same-sex marriage,Countries with negative attitudes have no legal protection against same-sex unions,and even criminalize homosexuals.Although countries with compromise attitudes does not adopt a protection mode of the same sex marriage between homosexual couples,but the combination of homosexuality according to different situations still takes other forms of protection,such as civil unions,civil mutual contract and registration partner protected mode.In combination with the legal attitude adopted by various countries to legalize same-sex marriage,we should consider whether same-sex marriage should be legalized in China from the perspective of Constitutional law.Whether the marriage clause in our Constitution includes same-sex marriage,How to view the legalization of same-sex marriage in China under the terms of human rights,human dignity and equality of rights,Finally,based on the reality of China,the author puts forward the choice of the legal protection mode of Chinese same-sex marriage under the premise of recognizing the difference between same-sex unions and heterosexual unions.Legislation to the protection mode of same-sex couples,and seeks the basis in the Constitution.