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Legalization of LGBT Marriage: Case Study from Vietnam

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DOI: 10.18535/sshj.v8i10.1388· Pages: 5247-5258· Vol. 8, No. 10, (2024)· Published: October 7, 2024
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Abstract

LGBT marriage is a legal union between two individuals of the same sex, including lesbian, gay, bisexual, and transgender people. This type of marriage recognizes the equal rights of all people to marry regardless of their sexual orientation or gender identity. In Vietnam, the legal status of LGBT marriage has been the subject of considerable discussion and debate. Although the country has made significant strides in improving the rights of LGBT people, there is still a lack of official legal recognition for same-sex marriage. To date, same-sex marriage has not been explicitly legalized nor fully protected under Vietnamese law. This means that although same-sex marriages are not criminalized, and people have their free will to live together and hold ceremonies, yet these marriages do not hold the same legal status and rights as compared to heterosexual marriages. Vietnam has a strong cultural background and conservative beliefs; these play a crucial role in society in respect to the views within it when it comes to LGBT individuals. Society is becoming more tolerant; however, the LGBT community members are still judged with a high rate of discrimination. Although acceptance still significantly varies between regions and different age groups, public opinion is indeed softening, especially among the young. Due to the legal recognition, LGBT marriages provided them with equal legal rights and responsibilities concerning property, inheritance, adoption, and healthcare, just like heterosexual couples. On the other hand, this also can be regarded as another critical step to social inclusion and the fight against discrimination. This research will discuss the current situation of same-sex marriage in contemporary Vietnam with the aim of completing the picture of the LGBT community. The research study will also interview 22 LGBT individuals and a survey of close to 200 participants.

Keywords

marriageVietnamLGBT

References

  1. Anh, N. T. B., & Huong, N. T. (2022). The Same-Sex Marriage From The International Laws And Recommendations For Vietnamese Legal Regulations. Journal of Positive Psychology and Wellbeing, 6(2), 1556-1569.Google Scholar ↗
  2. Eliason, M. J., Dibble, S. L., & Robertson, P. A. (2011). Lesbian, Gay, Bisexual, and Transgender (LGBT) Physicians’ Experiences in the Workplace. Journal of Homosexuality, 58(10), 1355–1371. https://doi.org/10.1080/00918369.2011.614902DOI ↗Google Scholar ↗
  3. Ha, Y. H. (2020). The experience of young LGBT people in rural Vietnam. Gender and sexuality justice in Asia: finding resolutions through conflicts, 91-106.Google Scholar ↗
  4. Horton, P., & Rydstrom, H. (2021). About facing the other: The impression management of young LGBTQ adults in contemporary Vietnam. In Visual and Cultural Identity Constructs of Global Youth and Young Adults (pp. 62-77). Routledge.Google Scholar ↗
  5. Horton, P., & Rydstrom, H. (2022). LGBTQ in Vietnam: Heteronormativity and resistance. In Routledge Handbook of Contemporary Vietnam (pp. 461-471). Routledge.Google Scholar ↗
  6. Hrc. (2024). Marriage equality around the world, https://www.hrc.org/resources/marriage-equality-around-the-worldGoogle Scholar ↗
  7. Jirathanapiwat, W. (2017). Same-sex marriage legalization in Thailand: possibilities and barriers with case studies from LGBT movement in Taiwan and Vietnam.Google Scholar ↗
  8. Le, T. M., & Yu, N. (2019). Ideological and philosophical underpinnings of attitudes toward sexual minorities in Vietnamese society. Sexuality & Culture, 23(2), 444-457.Google Scholar ↗
  9. Linh, N. T. M., Van Khanh, D., & Giang, P. T. T. (2023). HOMOSEXUAL RIGHTS AND SAME-SEX MARRIAGE IN VIETNAM. Russian Law Journal, 11(3), 416-422.Google Scholar ↗
  10. Mai, Q. A. FROM LEGAL TO REAL: CHALLENGES IN RECOGNISING LGBT MARRIAGES IN VIETNAM. EDUCATION, EQUALITY, AND SUSTAINABILITY, 299.Google Scholar ↗
  11. Ngo Le Phuong Linh. (2024). Changing hearts and minds, Vietnam is getting ready for marriage equality, https://www.apcom.org/changing-hearts-and-minds-vietnam-is-getting-ready-for-marriage-equality/Google Scholar ↗
  12. Nguyen, T. P. T. (2024). Vietnamese Laws Governing the LGBT Community–Legal Regulations and Some Recommendations.Google Scholar ↗
  13. Nguyen, T. T. H., & Doan, L. D. (2022). The prospects for the legalization of same sex marriages in vietnam. International Journal of Discrimination and the Law, 22(4), 347-370.Google Scholar ↗
  14. Nguyen, V. P. (2024). Legal Silence and the Concept of Law Regarding Gay People in Vietnam. Peace Human Rights Governance, 8(Peace Human Rights Governance 8/1), 75-102.Google Scholar ↗
  15. Pew research. (2023). How people around the world view same-sex marriage, https://www.pewresearch.org/short-reads/2023/11/27/how-people-around-the-world-view-same-sex-marriage/Google Scholar ↗
  16. Pham, Q. T., Ho, L. T. M., Vo, T. T. T., Diep, T. T. P., & Truong, H. T. N. (2022). Changing social attitudes towards LGBT in Vietnam. Journal of Positive School Psychology, 6(7), 785-799.Google Scholar ↗
  17. Phuong, P. Q. (2022). From “social evils” to “human beings”: Vietnam's LGBT movement and the politics of recognition. Journal of Current Southeast Asian Affairs, 41(3), 422-439.Google Scholar ↗
  18. Quach, T. T., Hoang, T. A., & Oosterhoff, P. (2014). Negotiating Public and Legal Spaces: The Emergence of an LGBT Movement in Vietnam.Google Scholar ↗
  19. Quyen, L. T. T. (2021). Factors Affecting Legalization of Same-Sex Marriage in Vietnam. LEGALISATION OF SAME-SEX MARRIAGE, 320.Google Scholar ↗
  20. Rydstrom, H., Nguyễn, H. T., & Hoàng, A. N. (2023). The LGBT movement in Vietnam. Routledge Handbook of Civil and Uncivil Society in Southeast Asia, 223-241.Google Scholar ↗
  21. Thuong, M. T. H. (2022). Protecting Human Rights to Adoption of Lesbian, Gay, Bisexual and Transgender People (LGBT)-Practice in Some Asian Countries and Vietnam. Issue 1 Int'l JL Mgmt. & Human., 5, 754.Google Scholar ↗
  22. Tri, M. N. M. UNDERSTANDING THE LGBT SUBCULTURE IN VIETNAM: TOWARD THEORY OF CULTURAL STUDIES. LEGALISATION OF SAME-SEX MARRIAGE, 9.Google Scholar ↗
  23. VESS & iSEE. (2022). Economic impacts of same-sex marriage in Vietnam.Google Scholar ↗
  24. Vu, T. T. (2018). Meanings of marriage to young people in Vietnam. Marriage & Family Review, 54(6), 531-548.Google Scholar ↗
Author details
Minh Trang Nguyen
Diplomatic Academy of Vietnam
✉ Corresponding Author
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Nhat Hieu Mai
Kim Lien High school
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