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NATIONAL ECONOMICS UNIVERSITY

SCHOOL OF ADVANCED EDUCATIONAL PROGRAM

GROUP REPORT

Hanoi, 2020

Topic: Same-sex marriage legalization in Vietnam

Instructor: Dr. Nguyen Bich Ngoc

Subject: Introductory Ethics
Group: 5
Class: Advanced Finance 59B
 GROUP MEMBERS

Name Student number Student ID

1 Nguyen Tram Anh 8 11170307

2 Phan Van Anh 11 11170374

3 Vu Trinh Minh Chau 14 11170619

4 Vu Huong Thao 44 11174431

5 Bui Thu Trang 48 11174769

Table of Contents

EXECUTIVE SUMMARY..............................................................................................1

INTRODUCTION............................................................................................................3

I. Same-sex marriage overview....................................................................................4

1. Definition................................................................................................................. 4

1.1. What is marriage?.............................................................................................4

1.2. What is same-sex marriage?..............................................................................4

1.3. Why being legally recognized marriage is important?......................................5

2. The status of same-sex marriage around the world...............................................7

3. The current issues of same-sex marriage in Vietnam............................................7

II. Theories review......................................................................................................9

1. Consequentialism....................................................................................................9

2. Deontology............................................................................................................. 11

3. Virtue ethics...........................................................................................................12

III. Theories application.............................................................................................12

1. Consequentialism..................................................................................................12

2. Deontology............................................................................................................. 15

3. Virtue ethics...........................................................................................................18

IV. Group opinions and ideas....................................................................................21

CONCLUSION...............................................................................................................26
 EXECUTIVE SUMMARY

Same-sex marriage is defined as the marriage between man and man, or woman
and woman. Legal recognition is important for couples as a base of marriage
sustainability and for the rights of tax, property inheritance or medical benefits. While
there are more than 80 countries and territories still considering homosexual behavior as
crime, same-sex marriage has been legalized in 27 countries. Same-sex marriages can
now take place in Viet Nam, though the government does not recognize them or provide
legal protections in cases of disputes.

Consequentialism supports the topic because it is beneficial to both physical

and mental well-being of homosexuals and promotes people to live in their true identity.
In the view of Deontology, same sex marriage is analyzed with four criteria: universe,
self, means and long-term societal impact. Though not the global will, gradually with the
progress of society cognition, nations around the world could willingly abolish this
prejudice. Were straight people as the major population born as homosexual, they also
fight for legalization of same sex marriage. Contrast to common opposite thoughts which
states that children raised by same sex couples could be the means to an end, they could
still nurture them with care and love. This also creates a more diverse community and
raises an untainted generation without the thought of stigmatizing LGBT. From Virtue
Theory, the personality of homosexual people is of no difference to heterosexuals so they
need love and marriage as a human right. The legal support even helps LGBT people to
be more courageous and contributive to community.

Our team wholly agrees that same sex marriage should be recognized legitimately
in Vietnam due to (1) the benefits brought to same sex couples and the society; and (2)
rebuttals to three common arguments.

Legalization of same sex marriage would ensure the same privilege and benefits
for gay/lesbian couples as heterosexual ones. The society can also eliminate conflicting

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views against a group of minor people and convey a message of equal treatment and
respect for every citizen, which contribute to building an inclusive community.

Although going against Vietnamese customs, the adverse attitude against same sex
marriage is one example of conventional perceptions that would be soon reformed along
with the development of society. Against the fear that the purpose of marriage as
reproducing is undermined, thus reducing the world’s population count, the number of
homosexuals is very small and not affecting the reproduction of opposite sex couples.
Also, giving a birth to babies is not the only purpose of marriage, otherwise, infertile or
old people also need to be banned. Lastly, contrary to common belief children raised by
gay/lesbian couples cannot grow up in optimum conditions, recent research has shown
that can also offer just as good parenting as traditional couples.

From the perspective of ethics schools of thought and from our own opinion, same
sex marriage should be legalized in Vietnam.

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 INTRODUCTION

Marriage is an ubiquitous and central event in the life of the living souls. In every
region across our country, people from every race, ethnicity, social class, religion as well
as non-religion tie the knot, proving that most of Vietnamese population assume that
matrimony defines a profound matter. Human beings aspire the highest level of love in a
constitutional form regarding what kinds of experience they have undergone with love.

Throughout the history, the legal system collects the opinion of citizens and
follows the leadership of government to determine marriage regulations. Consequently,
the law's involvement plays a salient role in the equality of political and civic standing.
Same sex marriage is one of the most divisive social issue in Vietnam at the present time.
It cannot be denied that the influence of homosexuals in particular and LGBT community
in general is growing considerably, changing the perception of not only the Vietnamese
but also the worldwide citizens of this minor gender group. Nonetheless, traditional
norms and disapprovers' perspective attempt to hold same sex marriage illegitimate.
Analyzing this issue will provide the right understanding and help enacting the right
direction to our country.

In order to interpret homosexual matrimony, our group decide to utilize three

forms of ethical theory: Consequentialism, Deontology and Virtue Ethics. Each theory
equips the audience with its own ideology, leading to the different application of the case
of same sex marriage. From this framework, we draw a conclusion whether or not
Vietnam should legalize marriage between persons from the same gender.

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 I. Same-sex marriage overview
1. Definition
1.1. What is marriage?

According to Oxford Dictionary, marriage is “the legally or formally recognized

union of two people as partners in a personal relationship (historically and in some
jurisdictions specifically a union between a man and a woman)”. They will be allowed to
live together, have children and also need establishing rights and obligations between
them. Marriage is considered as a legal combination of each individual emotionally,
socially or legally. Most marriages are the result of love. Socially, weddings are often the
event that marks the beginning of marriage. Legally, it is the registration of marriage with
state agencies.

Legal marriage is generally a combination of a man called husband and a woman

called wife. This is the most basic form of marriage which is legally accepted in every
country over the world. There are many types such as temporary marriage, polygamy and
same sex marriage which have not been well recognized by the community because many
people state that such mutant marriage can do harm to social morality and culture. Only
few countries approve this marriage, especially homosexual marriage and also legalize
this kind of marriage.

1.2. What is same-sex marriage?

American Psychological Association (2016) defines “Homosexuality is romantic

attraction, sexual attraction, or sexual behavior between members of the same sex or
gender in certain circumstances or in the long term”. As a sexual orientation,
homosexuality is an enduring pattern of emotional, romantic, and sexual attractions to
people who have the same gender. Homosexuals, as well as normal people have a
similarity in physical and mental health. Only just sexual orientation they differ with
normal people.

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 Same-sex marriage (also known as gay marriage) is the marriage between man and
man, or woman and woman. Although the marriage of two people with different gender
is legally recognized around the world, same sex marriage is still considered to be a
controversial issue. There are records of same-sex marriage dating back to the first
century in Roma but it was not accepted. The marriage was inhibited in the Roma Empire
in the fourth. In the modern era, same-sex marriage started being legalized at the
beginning of the 21st century but the issue of same-sex marriage frequently sparked
emotional and political clashes between supporters and opponents. For people who agree
homosexual marriage, they state that same sex marriage help ensure human rights,
equality between sexual people and reduce discrimination in society. In contrast, for
people who disapprove of this kind of marriage, they think that same sex family leads to
numerous problems: children who are raised by homosexual couples will be vulnerable to
psychological trauma and behavior deviation because they are lack of a father or a
mother. Since same sex marriage tends to cause burden to divorce system, affect
adoptions process and more importantly, it is unable to maintain the lineage, opponents
think that it is unacceptable to legalize same sex marriage.

1.3. Why being legally recognized marriage is important?

It cannot be denied that having a recognized legal marriage is a necessary thing to

each person over the world. Without the official acceptance, you cannot legally get
married, and you union will not be sanctioned by the government. It is not easy like
obtaining the driving license to be able to drive your car in the road or filing a tax return.
Each culture has its own ritual to recognize a legal marriage. Nowadays, the recognition
of legal marriage actually provides tremendous benefits:

• Legal marriage protects your rights: There are many rights and obligations to
husband and wife after the marriage registration. Therefore, it will cause a difficulty for
people who live together without getting married if they want to divide the common and

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private property and rights. Depending on each country, legal marriage acquires lots of
rights:

- Tax Benefits: you can share tax laws basing on your income among family
members with the IRS and state taxing authority

- Government Benefits:

 Receive public assistance benefits

 Receiving Social Security, Medicare, and incapacity advantages for spouses.

- Property inheritance benefits:

 Inherit each other's properties according to the provisions of the inheritance law.
 When a spouse dies or is declared dead by the Court, the surviving party shall
manage the common property of the spouses

- Medical Benefits: Making medical decisions if your husband/ wife in disability

- Family Benefit: parenting together or adopting child

- Consumer Benefit: paying the family price for some service, types of insurance,
discount in tuition and permission to use school facilities

- Receive passports and legally settled rights in other countries if your husband/
wife is foreigners

• Legal marriage is the base of a sustainable marriage: Because legal marriage

requires a lot of documents, people will considerate carefully before getting married.
Should the married couple has dispute and intends to divorce, there will be subsequent
interventions from local authority. In addition to complex divorce procedure related to
common property and custody of children, a marriage relationship is less likely to end
than one without commitment. That is one of the motivations for the wife and husband to,
together, go through all difficulties and challenges.

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 These are some benefits that you can earn from the legally recognized marriage.
Thanks to this legalization, people not only achieve a life as others but also receive fair
treatment of society. Therefore, being recognizes as a legal marriage plays an important
role in people lives, especially in people with the same gender. The recognition of same-
sex marriage is extremely necessary for LGBT community. It help them access to public
services, legal protections and integration into the community as equal as the opposite sex
couples They will lose many benefits that they should have had if their countries had not
legalized same sex marriage.

2. The status of same-sex marriage around the world

Same-sex marriage has been legalized in 27 countries: Argentina, Australia, Belgium,

Brazil, Britain, Canada, Colombia, Denmark, Finland, France, Germany, Greenland,
Iceland, Ireland, Luxembourg, Malta, Mexico, Netherlands, New Zealand, Scotland,
Norway, Portugal, South Africa, Spain, Sweden, Uruguay, United States. It includes the
United States, and civil unions are recognized in many Western democracies.

On the other hand, there are more than 80 countries territories considered homosexual
behavior as crime and have laws punishing this behavior. According to the annual report
of the Association of gay, lesbian, bisexual, transgender, and bisexual (ILGA), there are
now eight countries possessing the highest penalty is the death penalty for homosexual
(beside dozens of other nations is imprisoned or the beating.)

3. The current issues of same-sex marriage in Vietnam

Vietnam became the leading country in Southeast Asia by abolishing a ban on same-
sex marriage in 2015. The revised law, while not officially recognizing same-sex
marriage, places the communist country at the forefront of countries in Asia becoming
more accepting of same gender people.

However, the 2014 Law still stipulates "no recognition of marriage between people of
the same sex" (Clause 2, Article 8). Same-sex marriages can now take place in Viet Nam,

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though the government does not recognize them or provide legal protections in cases of
disputes. The government abolished fines that were imposed on homosexual wedding in
2013.

Vietnamese awareness about gay marriage has recently changed in Viet Nam society
and the existence of them is now readily admitted. According to the results of the national
survey on "social perspective with the same-sex marriage announced on 26/3/2014 shown
that:

- 33.7% of respondents in favor of legalized same-sex marriage. About the

recognition of the right to live together as husband and wife between those of the same
sex, the number of supporters is 41.2%.

- Most people believe that legalizing same-sex marriage does not affect the family
(72.7%) or their personal (63.2%). In terms of regions, the northern and central in Viet
Nam support more active (78% and 74%) than in the South Vietnam (68%).

The statistic above indicates that the number of supporters (approximately a half)
is still less than the number of opponents about same sex marriage. It can be seen that
cultural elements, the influence of traditional ideas have quite influenced perceptions
about homosexuality and same-sex marriage in Vietnam today.

Unlike many countries in the world, same sex relations in Vietnam are not
criminalized. Question always being raised when considering the same sex marriage topic
are whether these love can lead to moral degradation, change traditional standards or not?
Will same sex marriage go against the value of life in Vietnam? Until the present, all
these questions still appear regularly at the forum, workshop but there has no final answer
yet. Therefore, in order to accept homosexual marriage, Vietnamese people need to
should change stereo types and stigma instead of changing living standards and
traditional values.

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 In conclusion, same sex marriage has still been a controversial issue in Vietnam for
many years. Although the law of prohibiting marriage between homosexual people has
been passed in Vietnam, many couples in LGBT community still face a lot of trouble and
suffer from discrimination. But at least, now, they have had a lot more freedom with their
gender orientation, as well as the belief in justice to continue unfinished war. Lots of
groups on Facebook have been existed that help people freely show their opinions about
homosexual wedding such as: “Hội ủng hộ hôn nhân đồng tính tại Việt Nam” (Supporters
of Vietnamese same sex marriage), “Chúng tôi ủng hộ tình yêu đồng tính (We support
same sex love)”, “Hội đứng lên ủng hộ hôn nhân đồng giới Việt” (Standing up for same
sex marriage in Vietnam). These kinds of groups are such a wonderful place for
homosexuals because all these associations not only help them find empathy and support
but they also provide a great deal of insight into same gender people for every
Vietnamese person.

II. Theories review

1. Consequentialism

Consequentialism is known to be among one of the most influential moral theories. It

is a class of normative ethical theories holding the belief that the consequences of one's
conduct are the ultimate basis for any judgment about the rightness or wrongness of that
conduct. Consequentialists think highly of the result of an action rather than the action
itself, meaning that a morally right act is one that will produce a good outcome, or
consequence. Consequentialism provides us the guidance when we experience a moral
dilemma, in the case of hesitation, a person must choose the action which maximizes the
good results. Therefore, the action with maximized happiness should be the best choice in
the life. Consequentialism is contrasted with Deontology, a theory believes that the
morality of an action should depends on whether the action is right or wrong itself rather
than on the consequence of the action. It is also distinct from Virtue ethics, which focuses
on the character of the agent rather than on the nature or consequences of the act itself.
There are a lot of mixed opinions about Consequentialism and this ethical theory has

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come in for a lot of criticisms because it is difficult, sometimes even impossible to know
what the result of the action ahead of time and if the result is eventually right or wrong.

There are two main types of Consequentialism: Utilitarianism and Egoism.

- Egoism follows the core idea that an action is considered to be right if it

maximizes happiness and minimizes pain for the “self”. It may license actions that is
beneficial and good for the “self” even if it is detrimental to others. In Egoism, right
versus wrong is defined based on the consequences to self. There are three main types of
Egoism: Psychological Egoism, Ethical Egoism and Altruism.

- Utilitarianism share the same idea as other forms of Consequentialism, that the
rightness and the wrongness of an action depends on the effects it produces. However,
Utilitarianism is based on the principle that an action is morally right if it produces a
greater quantity of good or happiness than any other possible action and the action needs
to produce greatest good for greatest amount of people, not just for self-interest like
Egoism. Utilitarianism believes that actions that are considered to be morally right need
to make life become better by maximizing the number of good things (such as happiness,
goodness and pleasure, etc) and minimizing the number of bad things (such as pain,
sadness, crime, etc). There is only one rule to this theory: “Do what produces the best
consequences” so it doesn’t follow any moral systems or codes of conduct that are
comprised of commands based on traditions, customs, cultures or orders given by leaders
or supernatural forces. There are two forms of Utilitarianism: act-utilitarianism and rule-
utilitarianism. Act-utilitarianism says that a person's act is morally right if and only if it
produces the best possible results in that specific situation. Rule-utilitarianism states that
an action is right as it conforms to a rule that leads to the greatest good, or that "the
rightness or wrongness of a particular action is a function of the correctness of the rule of
which it is an instance".

2. Deontology

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 The word “deon” itself means duty in Greek language. Generally speaking, in
deontology, morality is based on what one's duty is and doing one's duty. To be more
details, deontology, as known as non-consequentialist theory, is the moral theory saying
that an action's right has no dependence on its consequences. It utterly relies on the nature
of the action, the only concern that matters. Therefore, although bad ends or less good
results may be produced from the act, non-consequentialist may still accept them as long
as the kind of the action is considerably right.

The most controlling deontological theory was derived from the German
philosopher Immanuel Kant, which is widely known by the name categorical imperative.
Act only on maxim through which you can at the same time will that it should become a
universal law, stated by Kant himself. Kant's theory rests on a couple of major claims: the
sole source of moral goodness is the will; and a good will is one which acts from
universalizable reasons. Another well-acknowledged theories that be encompassed in
deontology are natural law theory (morally right action follows the dictates of nature) and
divine command theory (morally right action is the one that God commands).

In accordance with non-consequentialism, the deliberation of Vietnamese

government about whether or not legitimate same-sex marriage will be evaluated based
on a quarter of following criteria: universal, self, means, long-term societal impact.

3. Virtue ethics

The Virtue Theory is an agent-based approach to ethics. This approach focuses on the
fundamental character and motivations of the individual moral agent. Moral behavior is
not limited or attached to a rule or any guidelines, but rather involves the individual
rationally pursuing moral excellence as a goal in and of itself. The virtuous agent is
involved in a continual quest to find balance in ethical decision-making. Such an agent
does not apply any specific ‘rules’ in making ethical decisions, but rather attempts to
make decisions that are consistent with the pursuit of a particular kind of excellence that
entails exercising sound moral judgment guided by virtues like courage, wisdom,

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temperance, fairness, integrity and consistency. Emotions play an important role in virtue
. Emotion is always harmony with the actions, so your actions isn’t done grudgingly. The
motivation for ethical actions does not entirely come from the considerations about the
obligations you have to do or not? Sometimes there will be disputes with the integrity of
this theory when the appearance of virtues or virtuous characters without considering the
principle of obligation which is useless in giving us advice what should be done? A
comprehensive ethics must include motives, symbols, intentions and moral wisdom.
Ethical action means acting out of virtue from appropriate motives and emotions,
considering all the elements of the situation.

III. Theories application

1. Consequentialism

Under the theory of Consequentialism (including Egoism and Utilitarianism), an

action is considered to be morally right if the consequence maximizes the happiness and
pleasure and minimizes the pain and sadness, for one self (like in Egoism) and for the
greatest number of people (like in Utilitarianism) and a case should be considered if it do
more harm or good to people to be considered morally wrong or right. According to this
principle, same-sex marriage should be supported in Vietnam by the two following
reasons including physical and metal pleasure for homosexuals and the promotion of
living with true selves.

First of all, marriage is a culturally recognized union between people, called spouses,
that establishes rights and obligations between them, as well as between them and their
children, and between them and their in-laws. The blossom of love should result into
marriage because when two persons are legally married, they can only be truly happy
mentally when the marriage is the result of love. And for homosexual people in Vietnam,
although they have found their loved ones – the person that they want to be married to,
but due to the legal system, the custom and tradition of Vietnam, they are incapable of
getting married to their loved ones and sometimes have to marry the person of opposite

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sex that they do not love at all, just to be suitable to the marriage culture and tradition of
Vietnam and to satisfy their parents. And the consequences of this are extremely
detrimental in the future. When people get married not for love, they will easily cause
fights and arguments, which leads to an unhappy marriage life and this may make them
suffer from mental sickness such as depression or even divorce due to the lack of
harmony in their marriage.

Furthermore, one important need of human is sexual needs. When homosexual people
have to marry people of different gender, they can not satisfy their sexual need because
they have to have sexual intercourse with people of different sexual orientation, which
makes them not able to feel fully satisfied, this can also lead to many kinds of mental
stress. In some cases, in order to satisfy their needs, they will have affairs with other
people and betray their spouse. Many researches also show that children of these couples
have a higher tendency of developing psychological distortions and easier to commit
crimes than other children who live in the love from both sides of their parents.

There are numerous detrimental effects of the lack of legalization of same-sex

marriage and applying the theory of Consequentialism, same-sex marriage should be
supported. According to Egoism, the action is morally right if the consequence
maximizes the happiness and minimizes the sadness of “the self”. In this case if same-sex
marriage is legalized, the homosexual person gains a lot of benefits. They can live in their
true self, be able to marry the person they really love. And for Utilitarianism, the action is
morally right if it produces a greater quantity of good or happiness than any other
possible action and the action needs to produce greatest good for greatest amount of
people. If the proposal for same-sex marriage is approved, the LGBT community in
Vietnam will be able to have the chance to live in their true identity and do all the things
that they have always wanted and live like other heterosexual people.

Some people have the argument that due to Consequentialism, same-sex marriage will
destroy our country’s custom and belief, is that the main function of family is to maintain

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the lineage and homosexual marriage will prevent this, causing a bad consequence.
However, with the development of science and medicine, it is now possible to have
biological children even if a couple is homosexual.

Secondly, same-sex marriage promote people to come out and live in their true
identity. Everybody works better when they are carefree and able to be themselves. This
also goes to the LGBT community. When same-sex marriage is legalized in Vietnam, it
means that we accept homosexual as they are and treat them like everybody else. When
being treated equally to other people, they will be happy and dedicate more to everything
they do. For example, before people whisper and comment about them, how different
they are from other people, this makes homosexual people become scared and shy, they
are afraid of meeting people and therefore can not put enough effort in everything they do
because they are occupied with fear.

However, after same-sex marriage is approved, meaning that they are treated like
other people, they are no more shy and scared, they are carefree from now on, therefore
they will be able to try harder, to work more proficiently and dedicate more to what they
are doing and become better people. And of course there is no bad consequences when
helping people to come out to the light and be able to finally live happily. The
consequence is full of happiness and pleasure, not only for homosexual people, but also
for everybody, because when homosexual are able to dedicate more than they used to, the
place where they work for will be beneficial. Therefor the consequence is not only good
for the “self” (like in Egoism) but also for the greatest amount of people (like in
Utilitarianism).

2. Deontology

Above all, deontology theory will be analyzed in the view of same-sex marriage
legalization in Vietnam. Prior to assessing the four criteria, we utilize the definition of
deontological theory to defend our opinion. Two of human's most fundamental duties are
to allow others to build a family; and to allow others to express their sexual orientation.

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Since morality of deontology means what one's duty is and doing one's duty, same-sex
marriage can be considered as one of our duty let alone this duty is built on human basic
rights which is the right to social protection, to an adequate standard of living and to the
highest attainable standards of physical and mental well-being. Furthermore, because
non-consequentialism is not dependent on consequences, non-procreation (the most
popular idea that be used to protest homosexual marriage) is no longer a problem to limit
marriage only to heterosexuals thereby. In fact, it may become a solution to
overpopulation.

To make things clearer, we decide to analyze four criteria of deontological theory

as follows:

- Universal

If you can universalize an act and still it is right, then it is ethical.

Homosexual marriage, obviously, has not been the global will for many opposing
opinions attempt to hold same-sex union unofficial; thus, it has not been universalized.
Protesters believe that LGBT community is breaking the natural balance of sex. In some
aspects of deontology, this thought may be right since heterosexual has been considered
as the only sexual trend in a long time. Nevertheless, since the modern society is much
progressive in cognition, more and more homosexuals decide to come out and
desperately desire to get married legally the same as heterosexual couples; this results in
the fact that same-sex marriage is a brand new issue of which people need time to
approve. Specifically in Vietnam, a 2012 survey demonstrated that 37% of respondents
supported same-sex marriage legalization while 58% opposed it. In 2014, 73% of
Vietnamese population claimed that their families would not be negatively affected by
homosexual marriage. In 2016, the approvers of same-sex matrimony increased up to
45% while the against opinions declined down to 25%. What's more, history witnessed
several precedents; for example, in the 19th century, poaching had not been illegal.

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However, after its negative impacts were commonly perceived, nations around the globe
willingly abolished this affair by enforcing regulations which banned poaching.

- Self

Are you ready to accept the same act on yourself?

According to the current Vietnamese Law on Marriage and Family, matrimony is

constructed on the foundation of love. Homosexuals cannot be forced to love someone
who has opposite sex the same as heterosexuals cannot be forced to love same sex
persons.

Imagine that you were born as a homosexual person, as equal as everybody else
with a single exception of not having a chance to get married with the person you love. It
would be a disadvantageous affair that is worth fighting for by every individuals who
have the same situation as you. Remember not a right in the human rights listed by the
United Nations is written without the phrase "without discrimination", which is sufficient
for you to stand proudly in LGBT community, asking for your right by birth.

When reaching the marital stage, human beings possess many legal benefits. As
such, they can share financial issue or children rearing (homosexuals may adopt children
provided that they are capable of); when their partner died, they have all control on the
joint property or inherit the fortune of the spouse. Above all, marriage supplies people a
chance to mature, to fulfil their duties and to become responsible not only for one's self
but a family. Marriage is such a privilege for only mankind that no limitations about
gender should exist to prevent human's self to reach the happiness of matrimony
emotionally and legally.

- Means

Any person should not be used as the means to an end.

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 As mentioned above, the most widespread opinion against same-sex marriage is
that homosexual couples cannot breed. Notwithstanding that procreation is extremely
salient to continue our species, deontology does not bother the consequences; from that
point, it does not accept human as a means to produce children for the future. Even in
case that reproduction is a necessity, with the advance of modern medical, gay couples
may still have children and nurture them with care and love, which is nothing abnormal
compared to opposite-sex couples.

Kant highly estimates the freedom and equality in each individual that he
appreciates how people treat each other with fair and kindness. Humanity ethics lies in
the behaviors we act for each other to show that any person is not used as the means to an
end.

- Long-term societal impact

Will the society become better in the long term if this act is practiced?

The first benefit we can gain from this action is to create a more accepting, diverse
and democratic as well as less discriminating society. By acknowledging the rights of a
social minority such as the LGBT, we are opening for other cultural, political, or any
other minority group for that matter. Besides, affirming the legality of homosexual
relationships by permitting their espousal helps lowering violence against LGBT and
homophobia rate. Also, this will create heterosexual allies for the LGBT in the area
where same-sex marriage is not legitimated. Additionally, the stigma associated with
homosexuals will gradually decrease whether homosexual marriage is legalized.

Second, we are able to raise an untainted generation without the thought of

stigmatizing LGBT. The unfair treatment for homosexual couples harms not only the
couple, but also the children they rear as well. Denying the parents' fundamental civil
rights means denying the children's basic authorities which are available to heterosexuals'
kids. As a result, those children are being bullied at school, on the cyber or even in the
neighborhood; this is extremely toxic to their psychology and may form a deviance

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ideology and personality. By legalizing same-sex marriage, Vietnamese government is
securing the next generation, the future master of the country.

Last but not least, LGBT community is on the road of getting more empowerment.
Objectively, LGBT empowerment may be considered as a positive affair because
thousands of members in this community have devoted significantly and gained lots of
achievements. Many of them become the inspirers to the entire world such as Elton John
(great singer of all time), Ellen DeGeneres (awarded Medal of Freedom by President
Obama), Alan Turing (father of computer science); as for the Vietnamese, Huong Giang,
a famous transgender, singer, KOL, is continuing to inspire the young generation by her
lessons about failure and success. If same-sex marriage is official, the dedication of the
extraordinary individuals like them, especially in Vietnam, may be multiplied and benefit
the whole society.

3. Virtue ethics

Same-sex marriage is comparatively new controversial topics in today. Legalizing

same- sex marriage is ethical and moral under the virtue ethics because of the next
rationales.

Firstly, love and marriage are important and necessary for anyone regardless of age
and gender. They are in the human rights of which no one can infringe on. Back to the
definition, we need to make it clear that homosexual people are romantically and
physically attractive to same sex people. That feeling is absolutely similar to the feeling
of heterosexual people, who are sexually attracted to the opposite sex people. We call that
feeling is “love”, which is defined clearly in dictionary “the feeling a deep romantic or
sexual attachment to someone”. Love is not compromising who you are. If someone asks
you to do or say something that isn't in your nature, that isn't true love. Although love
does involve compromises between partners, someone who is in love with you will never
ask you to change who you are in order to be loved. People cannot live and survive in this

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world without receiving and giving love. One who discovers the true meaning of love and
achieves it with a significant other will far surpass any other's life.

The true meaning of love is an outstanding goal and, when achieved, will be greatly
beneficial. Love is a very good medicine, so to speak; it will cure most of one's problems.
Therefore, every action separating two people who love each other is unvirtuous because
love brings many good and amazing things into the world. The virtuous person would
surely not discriminate or judge any love and he or she would have a desire to promote
and encourage love in all forms no matter it is homosexual or heterosexual love.

Moreover, every love needs marriage because marriage is a way to tie two individuals
and make them responsible for their love with each other. In fact, every year, there are so
many tragedies in without- love marriage and the majority of it is from Homosexual
people being forced to marry the opposite sex partner that they don’t love. When a
marriage is not the result of love but force, it may lead to tragedy and depression for
those two people who engaged in that marriage. They will not feel happy in their life.
They will find no motivation for working and even living. That’s the reason why research
has found that the suicide rate and suicidal thinking in LGBT people are remarkable
higher than the general population.

Legalizing same-sex marriage directly affects to the way community think about
homosexual people. They will have the chance to freely come out as gay, lesbian,
bisexual, transgender, … to the whole society as well as the chance to choose to marry
the truly person whom they love. Homosexuals define their good life as the recognition
of their love and marriage by law. They will be willing to become good citizens who can
contribute and dedicate all of their best abilities to the community.

Secondly, legalizing same – sex marriage helps LGBT people to be more courageous
and gradually improve themselves in order to contribute to society. Science has proven
that sexual orientation an innate feature not a personal choice so the moral view is to see
them as equal to heterosexuals. In fact, homosexual people are a minority in Vietnam. It

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is undeniable that every homosexual people are too sensitive and scared to come out
because of verbal abuse through daily life. They hide their own personal value,
characteristics and accept living as other person as a result of pressure from family and
society. In Vietnam, the law does not prohibit homosexuals from exercising their civil
rights but there are restrictions for them compared to heterosexual people, not allowed to
register marriage as an example. In that case, accepting marriage creates tremendous
effects to third gender people. They will feel like they are formally accepted and can
freely enhance their traits. The recognition motivates them to complete themselves in
order to marry “the one” and follow normally stages of life.

Being in love with someone, having right to get marriage homosexual human are
more serious with their love in the long-term achievement. This leads to their
productivity at work and promotion to higher positions. Eventually, more and more
people are confident to live their own way and pursue their own dreams. The process of
legalization same-sex marriage in Vietnam is changing positively. In fact, homosexual
people in Vietnam witness better life with equality, gradually live with goals and
continue to create positive impact on society. Although there are still limits to traditional
ideas and stigma of the majority of people in Vietnam, homosexuals still receive support
from the media and people with progressive ideas. Instead of defining themselves as
special editions, they live meaningfully with general sorts of qualities, they start to
become good version and willing to share the meaning of life to others through inspiring
people in need.

IV. Group opinions and ideas

Following the application of thee branches of normative ethics in analyzing same sex
marriage, the next part is going to express our own opinion regarding the topic of concern
independently of all previous schools of thought. We totally agree that same sex marriage
should be recognized legitimately in Vietnam. Our supporting arguments would be
divided into two part: (1) the benefits brought to same sex couples and society; and (2)

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rebuttals to three common opposite arguments including its unsuitability with Vietnamese
customs, inability to populate and negative impacts on children’s growth.

Legalization of same sex marriage would ensure the same privilege and benefits for
gay/lesbian couples as traditional ones. In 2014, the National Assembly of Vietnam
passed a proposal to amend the Law on Marriage and Family, which removed the ban on
marriage between people of the same sex from 1 January 2015. However, the Law on
Marriage and Family 2014 still stipulates “no recognition of marriage between people of
the same sex” (Clause 2, Article 8). This means that same sex couples are not prohibited
from living together but neither are they recognized as married couples, taking them all
benefits enjoyed by heterosexual families.

Without marriage license, the government would not resolve divorce and the division
of property after divorce and the couples would lose many benefits, namely the right to
inherit; common property rights; adoption; personal rights in special and urgent cases and
the right to social and labor benefits like other couples of the opposite sex. Given an
example in terms of property relations, there is no "property regime during the marriage
period" between them. That is, the property relationship between them "during the
marriage period" is not protected by law. Thus, if a dispute arises, property between them
will be settled according to the Civil Code. Instead of an equitable division of property,
they are not entitled to bereavement leave and inheritance rights if their counterpart dies.
The children they adopt would also face many uncertainties such as not granted for birth
certificate, or in the case they both pass away, the child usually does not get any help
from Social Security.

Homosexual couples of the LGBT community, just like other couples, have the right
to seek happiness, to be married and to live with the person they love. The reality of gay
marriage is not insulting or affecting the interests and rights of others. That is the normal
and inseparable part of society. While having the same obligations as straight individuals
like paying tax, same-sex people also need to enjoy the same rights like having legal

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recognition of same-sex relationships. The legalization of same-sex marriage to empower
gay couples does not mean depriving the rights of other heterosexual couples. Here is an
equal opportunity expansion. The ultimate goal is equality, it does not mean that we
create new rights for homosexual people, but let them be treated the same as we want to
be treated.

The society also has some benefits from creating marriage as a legal institution. While
removing the ban on same-sex marriage in 2014 was a progress for Vietnam National
Assembly and a success for LGBT activists in the fight for their own happiness and
changing traditional mindset, leaving the matter without legitimacy still poses prejudices
on the minority of society. If same sex marriage is legalized, there will be no
ambivalence and conflicting views on homosexuals, sending out a positive message of
equality that all distinct individuals and minor people are respected and treated equally as
a civil. This would make a great contribution to creating an inclusive community and
making good reputation in international eyes.

Homosexual is a minor sexual tendency in our society so it is understandable that

there is always adverse attitude toward the group of people. In the next part, common
arguments against same sex couples could be rebutted in the support for marriage
equality.

First of all, it is proclaimed that same-sex marriage is not suitable with customs and
traditional values of such an Eastern country as Vietnam. The belief is true because even
Law of Marriage and Family defines that “marriage means a man and a woman establish
a husband and wife relationship with each other”. This official document has implied that
the perception of a marriage between a male and female has been in-depth in Vietnamese
people mindset.

However, long-lasting customs also need to be revised to adapt to the development of

modern society when people are demanding a more comprehensive happiness.
Considering examples of conservative customs in the world, slavery where black people

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were treated as property and could be bought, sold, or given away, was the legal
institution of human chattel enslavement that existed in the United States of America for
89 years until they were declared free by President Abraham Lincoln's 1863
Emancipation Proclamation. Interracial marriage was once illegal in a majority of US
states, and was still banned in half of US states until the 1950s. In the context of Vietnam,
polygamy, the custom of having more than one wife at the same time, used to be the most
popular form of marriage throughout the history until 20th century. Women used to face
many obstacles concerning sexist conceptions like being guided to be a housekeeper
instead of working, voting or related to political affairs. However, these customs and
outdated thoughts have eventually replaced because people are becoming better educated
and they are willing to fight for the benefits of their own and of other people. Similar to
examples in the history, same sex marriage, though going against normal function of
physicals and social thoughts, would also need to be accepted as a progress for an equal
and inclusive society.

Secondly, some opponents of same sex marriage legalization assume that homosexual
marriage would undermine the purpose of getting married as reproducing offspring and
reduce the world population. It is true that reproduction is the biological process by
which new individual organisms are produced only occurs between a male and a female.
According to a survey “How many people are lesbian, gay, bisexual, and transgender?”
by the William Institute, an estimated 3.5% of adults in the world identify as lesbian, gay,
or bisexual and an estimated 0.3% of adults are transgender in 2016. In another research
conducted by CARE, a non-profit organization, it was estimated that there were
approximately 50,000 to 125,000 homosexual people in Vietnam, accounting for 0.06 to
0.15% of the population. As can be seen, the percentage of gay or lesbian in our
community is so small that it has little influence of the ability to populate, implying that
the common thoughts among opponents are proven to be inaccurate.

As well, the official approval of same-sex marriage does not impact the procreation of
heterosexual married couples. Because even if getting marriage with same sex partner is

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not legally allowed, they would also not engage with opposite-sex people to reproduce
babies unless they are forced. Should the case happen (getting fake marriage to obtain
any purpose other than family building), it is prohibited as stated in Article 5. Protection
of marriage and family regimes in Law of Marriage and Family.

As a rebuttal to the argument that legalization of gay/lesbian marriage would

undermine the meaning of getting married, it is countered that giving a birth to babies is
not the only purpose of marriage. Otherwise, the regulatory authority also need to
prohibit married couples with infertility, those who do not want to have children and old
people who are not able to populate as well. According to data in 2017 from the Center
for Reproduction - Central Obstetrics and Gynecology Hospital, 1 million is the
estimated number of infertile couples in Vietnam, 50% of infertile couples under the age
of 30 and 7.7% is the infertility rate of couples of reproductive age. The General
Statistics Office shows that by the end of 2017, the whole country had 11 million elderly
people aged from 65, accounting for 11.95% of the population. These numbers are much
higher than the proportion of gay/lesbian people of 0.15% in Vietnam. If homosexual
people are not recognized to get married by the law just because of their reproduction
inability, the government also need to impose restriction on these above-mentioned
people to ensure the equality and fairness for all citizens.

As alternatives to natural ways of having babies, same sex couples can have children
through surrogacy for humanitarian purposes, giving birth with the help of biology or
adopting abandoned children. In general, the ultimate purpose of getting married is
creating an ideal condition for people to live with their true self and to exploit their full
potential so whether they can reproduce or not should not be seen as the hindrance to
their happiness.

The third common belief surrounding same sex marriage is that the children that gay
couples raised by gay/lesbian couples cannot grow up in an optimum conditions due to
the lack of nurture the other gender spouse brings to their child’s life. The recent research

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has proven a different perspective. “A peer-reviewed study by University of Melbourne
in 2014 showed that children brought up by same-sex parents score about 6% higher than
the general population in terms of general health and family cohesion. According to a
study published in Pediatrics in 2010, children of lesbian mothers were rated higher than
those of heterosexual parents in social and academic competence and had fewer social
problems”. The research findings come to a conclusion that gay/lesbian couples can also
do good parenting just the same as traditional couples.

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 CONCLUSION

From our team’s perspectives, same sex marriage should be legalized so that
homosexual couples could enjoy the same rights as other traditional couples and this
could contribute to create an equal and inclusive society. We believe that homosexuals
should be active in fighting for their own interests and the media need to have a very
equal view of the groups of people in society and support the legalization to gradually
change conventional thoughts and help same sex couple accepted by the general public.
Hope that Vietnam will be the first country pioneering in recognizing homosexual
marriage.

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