동성혼 합법화에 대한 법정신분석학적 고찰: 심리적 양성성 인정과 정상가족 이데올로기의해체를 중심으로 = Psychoanalytic Understanding of the Legalization of Same-sex Marriage: Focusing on the recognition of psychological bisexuality and the deconstruction of normal family ideology

다국어 초록 (Multilingual Abstract)

The issue of the legalization of same-sex marriage demands complex discussion which invites not only legal arguments but also psychoanalytical insights. It is because this issue involves deep psychological problems such as sexuality or fear towards one`s own unconscious instincts. This article asks the question whether the dichotomy between heterosexual love and homosexual love can be maintained from a psychoanalytical perspective which admits human psychological bisexuality. The author locates this question at the center of the issue of legalizing same-sex marriage. After exploring this dichotomy from a psychoanalytical perspective, this article concludes that the dichotomy between heterosexual love and homosexual love cannot be held, and therefore, neither can the dichotomy between same-sex marriage and heterosexual marriage be maintained. The legal dichotomy between same-sex marriage and heterosexual marriage is shown to have been maintained by the State in order to control the human resources that are produced through procreation within a heterosexual marriage. The article then proceeds to argue that the legalization of same-sex marriage is a problem that affects not only those who are marginalized due to sexual orientation but also everyone who is suffering under the ideological conception of gender role. It is because the author believes that the legalization of same-sex marriage, based on the recognition of psychological bisexuality, will have the effect of weakening the ideological conception of gender role, which has ruled as the superego for everyone in a civilized society. Furthermore, the article relates to the deconstruction of the ideology of a normal family. The normal family ideology, which forms the triangle of ‘marriage-procreation-family’, has the problem of exclusive inclusion. While certain selected forms of relationship, which match the normal family ideology, are protected under the law, other forms of intimate relationships are discriminated against and excluded. This article claims that the legalization of same-sex marriage should go together with the deconstruction of the normal family ideology in order to overcome the risk of exclusive inclusion. The normal family ideology has other problems as well, such as the discrimination of children born outside of marriage, leading to the heightening of the abortion rate. Such arguments are also dealt with in the article in relation to the legalization of same-sex marriage. The author concludes with a vision of a more humane society where individuals have the freedom to fully embrace one`s bisexuality, which would lead to the humanization of the institution of marriage by promoting gender equality, and also where more diversified forms of intimate relationship would enjoy legal protection through the deconstruction of the normal family ideology.