Research projects
SAME-SEX COHABITATION VIA THE COURT’S DECISION ON RESOLUTION OF CIVIL MATTERS
20/09/2023
SAME-SEX COHABITATION VIA THE COURT’S DECISION ON RESOLUTION OF CIVIL MATTERS – A FIRST STEP ON THE PATH OF LEGALIZING SAME-SEX MARRIAGE IN VIET NAM
Nguyen Thi Xuan Mai, Tran Thien Trang, and Ngo Thi Anh Van
Published: International Conference on Legalisation of Same-sex Marriage: A Global Perspective, hosted by School of Law - Vietnam National University Hanoi, Asian Law Centre - Melbourne Law School - The University of Melbourne and the iSEE Institute, Vietnam, 2021
Link: PDF - SAME-SEX COHABITATION VIA THE COURT’S DECISION ON RESOLUTION OF CIVIL MATTERS – A FIRST STEP ON THE PATH OF LEGALIZING SAME-SEX MARRIAGE IN VIET NAM
Abstract
Same-sex marriage remains contentious in many countries, especially Asia, despite growing recognition in some jurisdictions worldwide. While Vietnam's 2014 Marriage and Family Law reforms decriminalized same-sex unions, they remain unregulated. Although immediate legalization appears unlikely, given enduring Confucian influences on Vietnam's concept of family, foundational steps are needed to protect LGBT rights. This paper argues that establishing legal protections for same-sex cohabitation could pragmatically transform societal attitudes towards same-sex marriage in Vietnam. The paper examines the central question of how Vietnam can lay the groundwork for eventually recognizing same-sex marriages. In investigating this issue, Vietnam's current social and legal context regarding same-sex relationships is analyzed, and the rationale for legalizing same-sex marriage is explored. These dimensions are investigated doctrinally by scrutinizing Vietnam's legal framework concerning same-sex relationships and marriages. Given the complex moral dimensions involved, the paper suggests principles Vietnam's courts could consider in progressing towards same-sex marriage, referencing aspects of the United States' approach to recognizing same-sex marriage judicially. Overall, legally recognizing same-sex cohabitation is proposed as an incremental step to reshape public perceptions, laying the foundations for the future legal recognition of same-sex marriage in Vietnam.
Keywords
Same-sex couples; same-sex marriage in Viet Nam; cohabitation procedures; civil matters.
Nguyen Thi Xuan Mai, Tran Thien Trang, and Ngo Thi Anh Van
Published: International Conference on Legalisation of Same-sex Marriage: A Global Perspective, hosted by School of Law - Vietnam National University Hanoi, Asian Law Centre - Melbourne Law School - The University of Melbourne and the iSEE Institute, Vietnam, 2021
Link: PDF - SAME-SEX COHABITATION VIA THE COURT’S DECISION ON RESOLUTION OF CIVIL MATTERS – A FIRST STEP ON THE PATH OF LEGALIZING SAME-SEX MARRIAGE IN VIET NAM
Abstract
Same-sex marriage remains contentious in many countries, especially Asia, despite growing recognition in some jurisdictions worldwide. While Vietnam's 2014 Marriage and Family Law reforms decriminalized same-sex unions, they remain unregulated. Although immediate legalization appears unlikely, given enduring Confucian influences on Vietnam's concept of family, foundational steps are needed to protect LGBT rights. This paper argues that establishing legal protections for same-sex cohabitation could pragmatically transform societal attitudes towards same-sex marriage in Vietnam. The paper examines the central question of how Vietnam can lay the groundwork for eventually recognizing same-sex marriages. In investigating this issue, Vietnam's current social and legal context regarding same-sex relationships is analyzed, and the rationale for legalizing same-sex marriage is explored. These dimensions are investigated doctrinally by scrutinizing Vietnam's legal framework concerning same-sex relationships and marriages. Given the complex moral dimensions involved, the paper suggests principles Vietnam's courts could consider in progressing towards same-sex marriage, referencing aspects of the United States' approach to recognizing same-sex marriage judicially. Overall, legally recognizing same-sex cohabitation is proposed as an incremental step to reshape public perceptions, laying the foundations for the future legal recognition of same-sex marriage in Vietnam.
Keywords
Same-sex couples; same-sex marriage in Viet Nam; cohabitation procedures; civil matters.
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