A Study on Same-Sex Relationships: A Socio-legal Perspective

• Main Authors: Shu-Han Chao, 趙書含
• Other Authors: 高玉泉
• Format: Others
• Language: zh-TW
• Published: 2015
• Online Access: http://ndltd.ncl.edu.tw/handle/13871742753041264622

碩士 === 中興大學 === 法律學系碩士在職專班 === 103 === The issue of same-sex relationships has been an important topic of debate under international and national law. By taking a socio-legal perspective, this thesis investigates the historical background and the evolution of law regarding same-sex relationships. After more than a century, both Britain and Germany eventually have agreed on the French decision to decriminalize same-sex relationships. Later, at the beginning of this century, the United States followed suit. This study shows that legal development on same-sex relationships in Europe is rather contrary to what ordinary people would believe. For instance, the idea that northern Europe is more progressive while southern Europe is conservative is far from truth when Spain and Portugal legalized same-sex marriage beforehand. Moreover, the shift in perspective regarding same-sex marriage in Belgium and Ireland illustrates that religion is but one of the factors in determining the attitude towards same-sex relationships in a country. In Asia, the process of globalization has inspired changes in attitudes in Japan and Taiwan. To conclude, legalizing same-sex marriage has become a trend, and law evolves slowly. It is opined that homosexuals are ordinary people who enjoy basic human rights like heterosexuals. In a democratic society, those who do not recognize same-sex marriage should nonetheless accept them with tolerance.