Since last July, the draft amendments to the Law on Marriage and Family have undergone several review sessions, with particular attention paid to the issue of same-sex marriage. For a while it appeared that same-sex marital unions would be recognized, but in later sessions, the door to gay marriage narrowed.
In July of last year, the gay community was heartened when the drafting committee removed the word “ban” in regards to same-sex marriage. The initial drafts also included provisions addressing the legal issues concerning the property and children of cohabiting homosexuals. In September 2013, however, the draft law changed from banning to “not recognizing” same-sex marriage, and did not touch upon the legalities of property and children of same-sex couples.
Compared with the Law on Marriage and Family 2000 which is now in effect, Lan says the draft law now being considered is not even as progressive as the current law and also promotes discrimination. In the draft law, problems arising between men and women or homosexuals who live together outside of marriage are settled by civil law.
Ms. Tran Thi Ngoc Bich, from the Institute of Policy Studies, of the Ministry of Health, says the 2013 Constitution emphasizes human rights and civil rights. These rights are limited only in such necessary cases as those affecting the security, defense and lives of others in society. In fact, no study has ever suggested that the lives of gay people adversely affect society. However, the draft law on marriage and family, if adopted, would tighten and restrict the rights of its gay citizens.
From April 2014, the gay community in Vietnam has campaigned on its "I agree 16+" movement to support the maintenance and expansion of Article 16 of the draft Law on Marriage and Family. Many gay people felt disappointed when they learned that Article 16 had been removed from the last draft.
