I. Same-sex marriage and the situation of recognition of same-sex marriage in the world
Same-sex marriage is a marriage between two people of the same sex, that is, two people of the same biological sex. This means that two people in a marital relationship are both male or both female.
Same-sex marriage is considered part of homosexual rights, which remains controversial to this day. There are many countries that have recognized same-sex people in general and their rights, especially same-sex marriage rights in particular, such as Canada, Netherlands, Belgium, Spain, UK, USA, …
However, on the contrary, there are many countries in the world that do not recognize or have not recognized same-sex marriage, and even punish homosexuals, typically Muslim countries in the Middle East, Africa, and other countries. Asian countries such as Iran, China, India, Indonesia, Eastern European countries such as Russia, Belarus, etc. Vietnam is one of the countries that does not recognize same-sex marriage.
II. Is same-sex marriage recognized in Vietnam?
Currently, in Vietnam, experts estimate that by 2023, in Vietnam it is estimated that there will be about 3-5% of the total population of homosexuals of all ages, of which the number of homosexuals is between the ages of 20 to 40 – the most common age for marriage.
Previously, marriage between people of the same sex was prohibited according to Clause 5, Article 10 of the 2000 Law on Marriage and Family, and the person who committed this act was even subject to administrative fines:
“Article 10. Cases where marriage is prohibited
5. Between people of the same sex.”
However, in the 2014 Law on Marriage and Family, the 2015 amendments prohibiting marriage between homosexuals were canceled and revised in Clause 2, Article 8:
“The state does not recognize marriage between people of the same sex.”.
Although the State still does not recognize same-sex marriage, this amendment demonstrates the progress of the Law on Marriage and Family, meaning that the act of marriage between people of the same sex is not a prohibited act. and therefore there will be no penalty for doing so.
III. The legal reason same-sex marriage is not recognized in Vietnam
There are many reasons for not recognizing same-sex marriage, such as factors in national history, customs and traditions, family culture, non-recognition by the majority of society… But when considering from a legal perspective, the reason can be seen from the 2013 Constitution of Vietnam. In Clause 1, Article 36 of the 2013 Constitution:
“Men and women have the right to marry and divorce. Marriage follows the principles of voluntariness, progress, monogamy, husband and wife equality, and mutual respect.”.
Thus, the Constitution – the document with the highest legal value – stipulates that one of the principles of marriage is one wife, one husband, meaning there must be two different genders to have the right to marry and divorce. kiss.
At the same time, in the 2014 Law on Marriage and Family, amended and supplemented in 2015, it is also noted in Clause 5, Article 3 that: “Marriage is the establishment of a husband and wife relationship by a man and a woman according to the provisions of the Law this is about marriage conditions and marriage registration.”. That means only men and women can get married.
From there, it can be seen that in order to recognize the issue of same-sex marriage, the entire legal system needs to change, starting with the highest legal document, the Constitution. Recognition of same-sex marriage is still controversial because it can change the structure, the most basic component, the nucleus of a society – the family.
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