동성결혼 합법화 과정에서 나타난 미국 연방 대법원의 위헌심사기준 변화에 대한 논의

In 2015, the United States joined in the global trend toward recognition of same-sex marriage. As gleaned from the United States Supreme Court decisions with respect to homosexuality and same-sex marriage, historical values are not negligible when there still remains strong public support for them. However, when there emerges growing public understanding of transitional values, which deviate from historical values, historical values should not be a sole conclusive factor in constitutional analysis. It has been indicated that, when there is a conflict between those values, the courts should not rush into determination, but wait and see until public opinion has become apparent to change social values from historical values to novel values. In South Korea, two male filmmakers, Kim Chokwangsu and Kim Seung-hwan, recently went to court in Seoul, claiming legal recognition of same-sex marriage. It was right after the United States Supreme Court held DOMA unconstitutional in United States v. Windsor case. Likewise, the issues on same-sex marriage did not end in one country. Although the public understanding of same-sex marriage seems to be insufficient in South Korea, the analysis of the American experiences may help strengthen the basis to legalize same-sex marriage when the Constitutional Court of Korea later takes the case and is ready to rule in favor of same-sex marriage.