A Critical Analysis of Legalization of Same-Sex Marriage

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Essay of General Theory of Economic Law
Yu Wen

A Critical Analysis of Legalization of Same-Sex Marriage

Yu Wen
School of Public Administration
Southwestern University of Finance and Economics
#555 Liutai Ave, Wenjiang District, Chengdu, China 611130
Anita.wenyu@gmail.com

Abstract: The thesis mainly deals with legislative claims against Same-Sex Marriage. The importance and complexity of the issue are presented, and reasons for and against legalizing Same-Sex Marriage are given, largely put in a legal perspective.

Key words: Same-Sex Marriage

legalization

Introduction
Homosexuality is a universal phenomenon existing in china as well as in many western countries, from ancient times to modern times. As movements towards homosexual rights mushroom and our society becomes more open, a growing number of people are calling for legalizing Same-Sex marriage, claiming that the current Marriage Law is unjust to homosexuals. On the contrary, the opponents are asserting that this kind of legalization will do harm to our society from many aspects. Yet, upon a closer examination on this issue, we can find that it is not a simple debate over whether to legalize this form of marriage or not. It is a complicated topic, divisive, and not readily amendable to compromise.

Essay of General Theory of Economic Law
Yu Wen

In China, homosexuals have gained more and more recognition and respect from the society in recent years. On Feb. 26th, 2011, Yinhe Li, a famous sociologist proposed in her wangyi microblog that Same-Sex Marriage be legalized. Such a proposal fueled the legalization debate overnight. It is a conflict between reality and tradition, minority and majority, individual and society, and perhaps most important of all, between the desperate need for legal protection and the inherent belief.

Those who strongly condemn such an attempt insist that it will distort the youth’s value system, do harm to our social structure which is based on procreation, and engender negative legislative implications. They claim that homosexual is an abnormal form of genetic mutation. So what the public should do is show basic respect and concern for them, as the way we treat AIDS sufferers. Open advocacy for it will bring about severe consequences. The youth, who don’t have prudent discretion, will be confused about their sexual role. What’s worse, if Same-Sex Marriage were legalized, they would be more likely to regard homosexual as a “fad” and then try a tentative step. Also, seen from a more integrated perspective, the legalization will damage our social structure. What does it mean by a marriage of two people of the same gender identity? They won’t procreate, thus posing a deadly threat to our society’s continuation. Legislative implication is also among these opponents’ major concerns. For fear that it will encourage many people who are not “natural” homosexuals to convert into gays or lesbians, opponents render the legalization an evil. To further strengthen the argument, social critic Sima Nan adds that, a great portion of homosexuals nowadays are not necessarily born gays or lesbians. They become homosexuals because of adversar y

Essay of General Theory of Economic Law
Yu Wen

growing environment or specific harm and in their relationship, one person usually acts as the male role and the other the female role. In this sense, it is just a counterfeit version of heterosexual. Therefore, the advocacy for legalizing Same-Sex Marriage is somewhat groundless.

Proponents strongly refuted the opposition and criticism. Citing the advanced medical and biological research, they contend that homosexuals are born into that state, so it is a legitimate form. Marriage equality is their major concern. The cornerstone of Chinese legal system is the list of six basic principles, among which equality stands out as one of the most important principle. Also, as they point out, the legal system should be protecting equal rights of...
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