VietNamNet Bridge – Same sex marriage is a controversial topic in Vietnam, especially when some same-sex weddings were held recently. At this time, when public opinion is relatively “open” for gay marriage, the legal barriers for this should be uninstalled? VietNamNet talks with experts on this issue.
The wedding of lesbians (photo for illustration).
The law does not recognize same-sex marriage, but it needs serious research
Lawyer Tran Ngoc Quy, from the HCM City Bar Association, says that, according to Article 1 of the Law on Marriage and Family 2000: The Law on Marriage and Family is responsible for contributing to the development, improvement and protection of progressive marriage and family regime, inheriting and promoting the good moral tradition of Vietnamese families to build prosperous, equal, progressive, happy and sustainable families.
Therefore, in order to achieve the above purpose, Clause 5, Article 10 of this Law “prohibits marriage between persons of the same sex.” Therefore, the current law does not allow, not recognize and not protect marriage between people of the same gender.
According to the lawyer, although same-sex marriage is not recognized by law, but in fact there are still weddings appearing between people of the same gender.
For an objective perspective on this phenomenon, it requires thorough and comprehensive research of the competent authorities, sociologists, psychologists … to consider comprehensively, completely the phenomenon and its arising impacts on family and social life to have adapted rules.
Open-mind and altruism needed!
Lawyer Tran Cong Li Tao, another member of the Ho Chi Minh City Bar Association, says that the issue of same-sex marriage “is not new, but new” in the current situation.
He explains that this issue is not “new” and homosexuality has existed for a long time, but it is “new” because whether the law accepts them or not is still under consideration.
According to lawyer Li Tao, a number of countries around the world with the progressive legislation still recognize same-sex marriage. Vietnam is an oriental country and according to oriental culture, one of the most important purposes of marriage is to maintain the breed. It is the tradition but gay marriage does not achieve this goal.
However, gays cannot decide their gender; that is their nature. They are human beings and they have the right to have their personal emotional needs and we need to empathize with them.
According to the lawyer, the research and issuance a mechanism suitable for homosexuals or even recognize the marriage between them is now necessary.
However, this mechanism must be suitable, not too loose and not too harsh and it is the responsibility of the legislators.
Should respect tradition but …
Lawyer Nguyen Van Duc, from the East Sea MTV Ltd. Co., analyzes: The Law on Marriage and Family 2000 does not recognize same-sex marriage. In the process of the Ministry of Justice’s consultation experts on the amendments to the law, many experts suggested the laws recognizing same-sex marriage.
However, the opposite view says that the recognition of same-sex marriage will generate unanticipated legal consequences. This matter will be still a debate in the near future.
Currently, the demand for marriage of homosexuals is real and it becomes a social phenomenon.
A small number of countries around the world have recognized same-sex marriage. However, the recognition of legal marriage for people of the same gender in Vietnam should be weighed carefully in many ways.
Personally, lawyer Duc says that Vietnam should not recognize same-sex marriage at the present time because homosexuality is unnatural relations, inconsistent with the Asian notion and ethics. Even some of the more developed countries are also quite cautious with this issue.
However, the need for the living together of homosexuals should also be recognized and controlled by the laws to avoid discrimination against homosexuals when they live together and create gradual social change in thinking about marriage.
In the short term, the state may issue a legal document in the form of a decree, forcing homosexuals who live together to register with the competent authority.
According to lawyer Duc, this is a model of legislative technique that is “separate but equal” and it has been applied by some countries, such as Austria, Brazil, England, France, Germany, Finland, etc. This model does not affect traditional marriage, but still create equality for all people in society.