Possible Legislation of Same-sex Marriage in the Chinese Mainland: Taking the United States Legislations as a Reference

In the Chinese Mainland, as same sex marriage legalization has not been fulfilled, homosexual people face inequality in the exercise of property rights and personal rights. Meanwhile, due to the absence of SSML, the legitimate rights of heterosexual people can also be violated. However, it is difficult for the Chinese Mainland to start the legislation process because of traditional prejudice, the political party system, the types of law systems and the lack of internal drive for homosexual groups to strive for legislation. The United States is one of the typical countries who have fulfilled the legalization of same-sex marriage, and its legislative process and methods have reference significance. The method of comparative study is used in this paper to compare the social and legal context of the legalization of same-sex marriage in the US with the current situation of the Chinese Mainland’s society and law, analyze the challenges faced by the Chinese Mainland in the legalization of same-sex marriage, and puts forward the anticipation of possible methods of legislating. In order to analyze the problems more pertinently, the scope of discussion on sexual minorities in this paper is limited to homosexual groups.