Research On The Same-sex Marriage Right

With the development of the society,the same-sex marriage right has been a hot topic recently.Academic research about the issue is more concentrated in the field of sociology,to conduct a comprehensive and systematical study from the perspective of law is not too much.As the most advanced regional human rights court,European Court of Human Rights(ECt HR)has achieved a lot in terms of human rights protection.In the history of its judgment,the court has made many classic cases on the issue of the same-sex marriage right,boosting the legal process of same-sex marriage in the European countries.Purpose of this paper is to analyze the ECt HR’s cases of the same-sex marriage right.So that we can get a deep understanding of the legal reasoning of the cases to make up our own short,and provide useful reference for the same issue faced by China eventually.This article consists of four parts:The first part introduces what is the same-sex and its cause,the number and status quo of the same-sex,then defines the concept of the same-sex marriage right and raises a question: whether the same-sex marriage right is human right.The second part selects typical ECt HR’s cases of the same-sex marriage right over the years to analyze the legal reasoning process and reveals the ECt HR’s jurisprudence changes on the same-sex marriage right issue over time.The third part introduces the legal status of the same-sex marriage right,practical difficulties and fierce debate about the issue currently in China.The fourth part summarizes the status and trends of the same-sex marriage right all over the word,briefly introduces the history of the development of American same-sex marriage and give some advice on solving the issue in China.The same-sex community should continue using the opportunity to speak out their voice to promote the legislation against sexual orientation discrimination and call for the right to marry on the basis of equal rights.For the government,the legislation should be adapted to local conditions and adopt suitable manner for the gradual empowerment of the same-sex marriage right according to the social realities.