‘동성혼’ 도입을 위한 헌법개정의 위헌성 -미국 연방대법원 ‘동성혼’ 판례의 ‘인간존엄’ 해석의 분석-

Same-sex marriage is marriage between gay, lesbian, transgender and bisexuals). Introduction of same-sex marriage laws has varied by jurisdiction, being variously accomplished through legislative change to marriage laws, a court ruling based on constitutional guarantees of equality, or by direct popular vote (via ballot initiative or referendum). The recognition of same-sex marriage is a political and social issue, and also a religious issue in many countries and debates continue to arise over whether people in same-sex relationships should be allowed marriage or some similar status a civil union. In 2015, five Justices of United States Supreme Court made a decision that the institution of marriage as the product of universal human culture lasted for thousands of years, opens from marriage of opposite-sex couples to marriage of the same-sex relationship. In particular, 61% of Americans in homosexuality polls in 2013 recognize gay marriages, while younger generations are more likely to vote for gay marriages, with their high approval ratings. However, many lawmakers are discussing the constitutional grounds of gay marriage for the purpose of 'gender equality' in the debate on constitutional amendment. As the political background and conditions of legal cultures between US and Korea are different, there is no change in the structure or content of the marriage, but the reason why the political group raises the issue of the same soul is unknown. Therefore, we point out the mistakes of the majority judges in the content of human dignity applied to the same sex between the majority and a small number of the Supreme Court of Justice in the case of Dong Sung Hone sentenced by the United States Supreme Court in 2015, and examine why the interpretation of the minority justice is valid.