The prospects for the legalization of same sex marriages in vietnam. Issue 4 (December 2022)

• Record Type: Journal Article
• Authors: Nguyen, Trinh Thi Hong; Doan, Luong Duc
• Is Part Of: International journal of discrimination and the law. Volume 22:Issue 4(2022)
• Page Start: 347
• Page End: 370
• Publication Date: 2022-12
• Subjects: same sex marriage -- legalization -- LGBT law -- anti-discrimination law -- legal transplanting -- transnational norms -- homophobia -- vietnam -- contents; Discrimination -- Law and legislation -- Periodicals; 342.085
• DOI: 10.1177/13582291221111290
• Languages: English
• ISSNs: 1358-2291

Abstract

This article discusses the various factors in Vietnam that are influencing the possibility of introducing a law on same sex marriage and draws three main conclusions. Firstly, it argues that the greatest concern about the possible success of the campaigns on lesbian, gay, bisexual and transgender (LGBT) issues in general, and the recognition of same sex marriages in particular, is indeed a political fear. It recommends keeping the campaigns on LGBT issues separate from the political sphere and to differentiate themselves from the traditional confrontational methods used by political dissidents. Secondly, the enactment of a law on LGBT rights which incorporates the principles and rules of anti-discrimination on the basis of sexual orientation and identity is proposed. This law will fill the gap left by the current lack of an anti-discrimination law in the specific field of LGBT rights in the first step of a typical process towards the legalization of same sex marriages. Thirdly, the paper highlights the leading role to be played by legislation in Vietnam, and which shall need to be acquired though legal transplanting, in granting marital rights to same sex couples and providing the basis for the courts to give them substantive rights.