@article{ART001317590},
author={Kim, Byeong-Rok},
title={The Constitutional Issues of Same-Sex Marriage},
journal={DONG-A LAW REVIEW},
issn={1225-3405},
year={2009},
number={43},
pages={1-27}
TY - JOUR
AU - Kim, Byeong-Rok
TI - The Constitutional Issues of Same-Sex Marriage
JO - DONG-A LAW REVIEW
PY - 2009
VL - null
IS - 43
PB - The Institute for Legal Studies Dong-A University
SP - 1
EP - 27
SN - 1225-3405
AB - To define family and to see them at a certain point of view is a very important matter. This is because the definition of family has an important meaning both socially and individually. Due to sexual orientation, same sex couples cannot be admissioned in the institution of marriage and family where they can be guaranteed constitutionally. The direction of the protection for same sex couples and the direction of the perception towards same sex marriage should be formed as the following paths. First, their fundamental rights should be guaranteed. In every living area including same sex couples, discriminative treatment is forbidden. Sexual orientation cannot be the standard for discrimination and for that reason, if there is any case of discriminative measures that would be disobeying equal rights which is appointing the fundamental rights' direction. In the living area not only equal treatment should be guaranteed but also the liberty of sexual determination and privacy should be guaranteed.
In addition, same sex couples' protection through legal institution is required. Both fundamental rights and legal institution's security is interactively supplied. As objective valued system, same sex couples' fundamental rights require them to be drawn into the constitutional system through the formation of legal institution. The arrangement of a new system for same sex couples is not demolishing the existing constitutional order. The formation of legal institution for same sex couples should respect the characteristic aspect which can guarantee interactive honesty or responsibility and should consider property contract or the succession of rights for community space, financial support and responsibility after the settlement of same sex relations and inheritance. Therefore like different sex couples, same sex couples should open the possibility of forming a similar community with family.
KW - Same-Sex Marriage;Right to Marriage;Family;right to the equal protection;Democracy
DO -
UR -
ER -
Kim, Byeong-Rok. (2009). The Constitutional Issues of Same-Sex Marriage. DONG-A LAW REVIEW, 43, 1-27.
Kim, Byeong-Rok. 2009, "The Constitutional Issues of Same-Sex Marriage", DONG-A LAW REVIEW, no.43, pp.1-27.
Kim, Byeong-Rok "The Constitutional Issues of Same-Sex Marriage" DONG-A LAW REVIEW 43 pp.1-27 (2009) : 1.
Kim, Byeong-Rok. The Constitutional Issues of Same-Sex Marriage. 2009; 43 : 1-27.
Kim, Byeong-Rok. "The Constitutional Issues of Same-Sex Marriage" DONG-A LAW REVIEW no.43(2009) : 1-27.
Kim, Byeong-Rok. The Constitutional Issues of Same-Sex Marriage. DONG-A LAW REVIEW, 43, 1-27.
Kim, Byeong-Rok. The Constitutional Issues of Same-Sex Marriage. DONG-A LAW REVIEW. 2009; 43 1-27.
Kim, Byeong-Rok. The Constitutional Issues of Same-Sex Marriage. 2009; 43 : 1-27.
Kim, Byeong-Rok. "The Constitutional Issues of Same-Sex Marriage" DONG-A LAW REVIEW no.43(2009) : 1-27.
