Research On The Protection Of Equal Rights In Same-sex Marriage

As same-sex marriage is not recognized by all countries,there is no unified concept at present.In countries and regions that recognize same-sex marriage,some countries,such as the Netherlands,directly modify their marriage laws to expand gender to the same-sex;some countries,such as the UK,specifically legislate for same-sex marriage,and call the same-sex partners registered according to the law as registered partners,with names of Different from marriage,some scholars suggest that same-sex marriage can be defined as the marriage relationship between two people with the same physical gender or gender identity.According to different national conditions of each country,those countries and regions that recognize same-sex marriage have different legislative models in protecting same-sex marriage,mainly including three models: same-sex marriage model,registered partner model and civil combination model.The same-sex marriage model can protect the equal rights of the same-sex partners to the greatest extent,and the regions that adopt the registered partner model usually legislate for the same-sex marriage,without the restriction of the traditional marriage law.The mode of civil combination is to identify the same-sex marriage as a civil contract,which does not give the same-sex partners the legal right of identity.The process of admitting same-sex marriage is different in every country.At present,the law of our country does not admit same-sex marriage.The main reason of not admitting is that the traditional morality does not accept.The idea of inheriting the family and the order of Confucian ethics make the marriage mode of our country be heterosexual marriage.Although the society is developing continuously and the thought is opening gradually,the traditional morality is deeply rooted in the public of our country influence,the society still has prejudice to homosexuals,and the acceptance of same-sex marriage still needs to be improved.China's attitude towards same-sex marriage is negative,neither admitting nor explicitly denying,and the relevant laws have been in a blank state.Under the circumstances that China's laws do not recognize same-sex marriage,the rights and interests of homosexuals in China cannot be equally protected.They do not have the right to form a family,the right to adopt children together,and the status of mutual legal successors.In China,only A heterosexual partner can marry and have the above rights.Not admitting that same-sex marriage does harm not only to homosexuals themselves,but also to others.Because many homosexuals,under the pressure of society and family,will choose to form marriage with the opposite sex,which will cause great harm to theiropposite sex partners.However,China's laws do not have enough protection,which is the same as the protection of spouses in ordinary opposite sex marriage It's far from equal.The constitution of our country gives our citizens the right of freedom,equality and dignity.Homosexuals,as citizens of our country,should also enjoy the above human rights.China's law should give protection to the legitimate rights and interests of homosexuals,mainly from the perspective of legislative protection,gradually eliminate discrimination,and give equal protection to same-sex marriage.