Gay Marriage Debate Takes a Step Forward in Vietnam
By Vu Trong Khanh and Nguyen Anh Thu
HANOI – Gay and lesbian couples in Vietnam may soon be allowed to hold relationship ceremonies, as the country’s lawmakers begin a debate that gay-rights advocates and their allies hope could one day lead the country to permit same-sex marriage.
A lesbian couple say ‘I do’ at a gay-rights event in Hanoi on Oct. 28. The country’s National Assembly is set to debate an amendment to the marriage law that would allow for same-sex relationship ceremonies.
On Tuesday Vietnam’s National Assembly is scheduled to begin debate on an amendment to the Law of Marriage and the Family that would remove the ban on same-sex marriage but would not allow it either.
When the amendment was first proposed by the Justice Ministry in May 2012 it was unclear just what form it would take. And while the amendment currently being debated is a long way from hopes that gay marriage would officially be recognized, or would lead to equal rights for gay couples, activists say is a step in the right direction.
Gay rights issues have long been taboo in communist-ruled Vietnam, where same-sex couples were fined for holding relationship ceremonies.
But things have started changing thanks to the efforts of the country’s lesbian, gay, bisexual and transgender (LGBT) community and several civil rights unions. The government recently issued a decree that will take effect next month abolishing the fine on gay ceremonies.
On Sunday hundreds of people rallied in Hanoi in support of equal rights for gay couples and gay pride parades have been allowed by a government that often tries to control public gatherings.
In May, Dinh Xuan Thao, a member of the National Assembly and director of the government’s Legislative Research Institute said not recognizing same-sex unions had led to problems in handling property disputes between gay couples living together or with dependents.
If the National Assembly ratifies the amendment as is scheduled before it adjourns in late November, it would bring Vietnam closer to neighboring Thailand, which is planning to introduce a bill that would allow gay couples where both partners are older than 20 to enter into civil partnerships. In August, New Zealand became the first country in the Asian-Pacific region to begin allowing same-sex couples to marry. Many other countries in the region, however, have strict laws that punish homosexuality.
Le Quang Binh, head of Vietnam’s Institute for Studies of Society, Economics and Environment, is working to support more equal rights for same-sex couples in the country.
Among the most active supporters for LGBT rights in Vietnam is the Institute for Studies of Society, Economics and Environment, or iSEE, a non-profit organization working to protect the rights of LGBT and other minority groups in the country.
Le Quang Binh, the head of iSEE, talked with The Wall Street Journal about how Vietnam’s LBGT community is currently faring, and what the amendment of the Law of Marriage and Family means to them.
WSJ: What is it currently like to be part of the LGBT community in Vietnam?
Le Quang Binh: The LGBT community in Vietnam has seen significant changes over the past five years. In the past, hardly any of them publicized their sexual orientation due to discrimination in society, on the media and in their families. However, now they publicize themselves with friends and family, and they have received support. Several events – such as flash-mob performances, “Love is Love” and “Vietpride” – have attracted the participation of thousands of people. It used to be difficult to find a homosexual to take part in an interview in newspapers or on television or in a policy lobbying event, but things have changed thanks to the efforts of the civilian unions and the LGBT community.
WSJ: Does the LGBT community still face discrimination?
Mr. Binh: The LGBT community is obviously still facing discrimination. According to an iSEE survey, in 2011 up to 87% of those surveyed had an incorrect understanding about homosexuality. Many of them thought homosexuality is a transmittable disease and can be cured. This has led to discrimination or even violence against LGBT people. In Vietnamese society, violence against LBGT people on the streets or in public places rarely happens. It is limited to verbal insults or joking only. However, violence often happens in their families. Many families confine them, beat them, or even force them to hospitals for treatment.
WSJ: The legislature is expected to discuss abolishing a ban on same-sex marriage during its on-going meeting. What would the removal of the ban mean? And what has made the government consider the removal of the ban?
Mr. Binh: The proposed amendment to the Law of Marriage and Family removes the ban on same-sex marriage but adds that the law won’t recognize same-sex marriage yet, meaning same-sex couples won’t have marriage benefits, such as those related to children and property. Many people have argued that this is unfair, and the lawmakers are expected to focus their debate on whether to recognize same-sex marriage or not.
Publicly discussing this issue has brought about a big step forward. It has also been the result of efforts of local civil unions and the LGBT community. The LGBT community has organized several public events in Hanoi and Ho Chi Minh City to help LGBT people feel more confident. Therefore, many weddings for LGBT have been organized despite the ban, drawing the attention of society and fueling discussions among the legal community and right’s protection organizations. This has underlined the existence of the LGBT community, making their needs more widely known. I think this is the reason behind the Ministry of Justice’s move to introduce this issue to debate at the National Assembly. The authorities’ debate on this issue will encourage the LGBT [community] to operate more actively.
WSJ: What other legal adjustments is the LGBT community hoping for?
Mr. Binh: According to a recent iSEE survey, 72% of LGBT couples hold that most of their difficulties come from not being recognized by the law. Another survey by the Ho Chi Minh City-based Center for Innovative Media, Services and Studies on Sexuality, which promotes and protects the rights of LGBT people in Vietnam, showed that 71% of those surveyed expect to be allowed by the law to get married, 25% of LGBT couples expect to live together with marriage certificates and only 4% expect to live together without marriage certificates. Of course, everyone hopes to be treated equally, and so does the LGBT community in Vietnam.
WSJ: What would be the impact of the removal of the ban on same-sex marriage?
Mr. Binh: Our surveys showed that up to 77% of surveyed people support the [civil] rights of LGBT people, despite the discrimination against them. Thus, legalizing same-sex marriage won’t cause disorder or trigger protest from the masses. It will only create positive reactions, reducing discrimination against them.
WSJ: Will the removal of the ban on same-sex marriage increase the number of LGBT people who publicize their real sex?
Mr. Binh: Of course this will help create a more open and favorable environment for LGBT people to live their real lives. When the LGBT people live their real lives publicly, it will be good not only for them, but also for their families and for people around them.
WSJ: What would you tell lawmakers if you talked to them about this issue?
Mr. Binh: Practicing the right to equality is an obvious thing in this world, and we need to do it the sooner the better. Otherwise, violence against the LGBT people will continue.
WSJ: What if the lawmakers reject the proposed abolishment of the ban?
Mr. Binh: I believe that there will be profound disappointment among the LGBT community and in the Vietnamese society. But the ball has started rolling and we will keep fighting for the right to equality.