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2 Background
Marriage has always been a huge part of human relationships. It is seen as a
meaningful connection between a man and a woman, marking an important milestone
in their life. Marriage is a coherent bonding of two persons, in which they share
mutually their responsibilities such as emotional support, moral support. They also
take charge of economic burden, take care of family’s well being and bring up their
children. Almost regions and countries in the world consider marriage as a holy union
of just one man and one woman. However, a question raised is that whether marriage
have to be the connection of just a man and a woman?
(Source: Readingthepictures.org)
Human beings appear in the world, divided into two genders, that are male and
female. However, the physical and psychological characteristics of an individual do
not depend completely on the gender. This leads to the existence of the third part in
the world - the existence of gay and lesbian people. Appearing in parallel with the
third sex, same sex marriage is a controversial problem that creates a great number of
debates between supporters and non-supporters. Proponents of same sex marriage
argue that the legalization of this issue is to ensure human rights and the equality and
rights between people of sexual orientation different society. On the contrary, others
oppose same-sex marriage because they believe that the family type is lack of some
necessary elements for children and can lead to decline in the value of marriage, and
the end of culture. This paper will examine the opinions about same sex marriage in
some aspects of ethical theories: Consequentialism, virtue ethics, deontology,
subjective relativism and cultural relativism.
● Vietnamese Perceptions
Vietnamese perceptions about same sex marriage may also change in Vietnam
society and the existence of them is now readily admitted. In fact, media has begun to
enthusiastically support them and their love from the underground because the number
of homosexuals has mounted to hundreds of thousands- it is not a small number.
Vietnameses views became more open and more accepting toward new “trends
because ongoing modernization and open-door policies of Vietnam government that
allowed international influences, and provided new technologies and opportunities for
social interaction, including the Internet. Although some people do not accept same
sex marriage, the others have the open perspective and views about this problem.
+ The public opinions:
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 favour 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
support more active (78% and 74%) than in the South (68%).
The statistic above show that the number of supporters (approximately a half) are
still less than the number of objectors about same sex marriage. It can be seen that
cultural elements, the influence of traditional ideas, Asian ideas have pretty much
influenced perceptions about homosexuality and same-sex marriage (HNCG) in
Vietnam today. From this basis, more concerned about the traditional or family
patterns will be disrupted in the future of Vietnam.
Unlike many countries in the world, same sex relations in Vietnam are not
criminalized. One question always arises when considering the same sex marriage
topic is whether these love can lead to moral degradation, change traditional standards
or not? Will same sex marriage will degrade race, go against the value of life in
Vietnam? Until the present moment, these questions still appear regularly at the
forum, workshop ... But the prejudice, stigma in this society has led most people
always ask the same questions. There may be many different reasons, but one of the
important reasons is that homosexual sexual orientation is limited or even wrong in
Vietnam. So, in essence, the acceptance of same sex marriage may the changing
stereotypes, stigma rather than changing living standards and traditional values. The
change in attitude, morphological perspective or another is inevitable in the world of
society and Vietnam is no exception.
Moreover, the international community has debated questions about human rights
in Vietnam for at least two decades, and the Communist Party of Vietnam forbids
mentioning this topic. Thus this paper refrains from explicit comment on human rights
as they relate to the homesexuals and same sex marrigecommunity within Vietnam.
In the articles from 2007- 2015 mainly divide into two types about issues of
homesexuals and same sex marriage between them, it is “unhealthy” or “immoral.”
On the other hand, there were articles presenting respect and understanding with this
issue:
- The more happiness an act generates, the more ethical that act.
There are different forms in consequentialist ethical theory, that are Utilitarianism
and Egoism, which hold different claims about what is the good results that should be
maximized.
-“Utilitarianism, which is one of the most influential ethical theories, based on the
belief that an action is morally right if it produces a greater quantity of good or
happiness than any other possible action. It requires a person to take the consequences
of an action into consideration to determine the morality of that action and it claims
that the morality of the action depends on the amount of “goodness” that produced by
the action.”
- Egoism is the ethical theory claiming that the right action should advance
personal best interest. It requires a person to consider two opposing feelings in our
mind. On the one hand, self-love is considered bad attitude because people with self-
interested behaviors tend to be viewed selfish. In the other hand, self-love is
considered good attitude because people sometimes want to give priority to their own
needs and desires, which is a normal psychology of human.
A large number of parents do not want to have a child marrying with a same
sex person, that why we can understand that if the same sex couple decide to engage
in a marriage, the number of unhappy people will be greater than the number of happy
ones. Therefore, same sex marriages could fight against the code of conduct in
consequentialist theory. Research on "Social attitudes towards homosexuals" was
conducted in 2011-2012 (854 interviews were conducted and 31 in-depth interviews
were organized in Hanoi, Ha Nam, HCM City and An Giang), which indicated that
the social acceptance of society for homosexuality is very limited. More than 75% of
respondents supported gay rights, especially the right to live and adopt children.
However, only 36% of respondents agreed to allow gay people to get married. What
could be inferred from this statistic is that there are many people in Vietnam have
prejudice about same sex marriage. More seriously, gay marriage could be blamed
breaking the norms of traditional family. To many, homosexuality challenges
perspectives about biology and gender, while gay marriage threatens one of the
fundamental mainstays of society – the institution of marriage. As a results, a lot
people including their parents, their relatives will be hurt by the decision of just two
persons. Therefore, in the view point of Consequentialist, gay marriage is unethical
because it creates more negative influences to people than positive consequences.
The case of a same sex couple could be an example for this evaluation. Nam, a
Vietnamese man, loves a foreign man and decides to live with him. In a talks show
about same sex marriage, he shared about the difficulties that he suffered from when
acting against the standards of society. Firstly, Nam hurt his parents a lot because he is
the second son in the family, in whom his parent put a lot of hope. He also felt
ashamed because he did not fulfill the obligation of a man to maintain the race. In this
case, from the viewpoint of Consequentialist, Nam’s action is immoral due to the bad
consequences that brought to many people by his action.
In another aspect, Egoism theory claims that the right action should advance
personal best interest, the welfare of individual must be put in priority. Therefore,
under the viewpoint of Egoism theory, the gay have right to live with their own best
interest. By this, same sex marriage is respected in Egoism as long as it is the self-
desire of same sex couple. However, Egoism also forces us to consider two contrasted
sides in our attitude. Firstly, we tend to consider selfish or flagrantly self-loved
behaviors as wicked or troubling, so self-interest is bad behavior. In contrary, we also
hold the view that no one can love us except for ourselves, so self-interest is good
attitude. As a result, the self-interest decision of same sex couple could be argued
either selfish of unselfish. Because same sex marriage have not been completely
accepted in Vietnam, it could be claimed selfish by many people.
(Internet)
However, in Egoism theory, whether gay marriage is selfish or not depend on the
attitude held by different individuals.
For example, Tô Trần Di Bảo (born in 1994) is a beautiful girl with a lot of fan in
social network, but she is known as the girl with the characteristics of a boy.
She met another girl name Hồ Quỳnh Nhi (born in 1995) and they felt in love with
each other. The wedding of these girls have been taken place after 6 months of dating.
Although many people did not respect the decision of Di Bảo and claim that they are
selfish people, these two girl are still happy with their choice because they think no
one can live their lives except for themselves.
Under Egoism moral theory, same sex marriage in general and Vietnamese same
sex marriage in particular could be judged to be ethical. This is because the actions of
same sex couple deciding to get marriage could maximize their own interests, which is
advanced by Egoism theory.
- Same sex marriage could lead to many bad consequences, which is dangerous and
harmful for the future of following generations and the whole country.
However, many people in Vietnam argue that same sex marriage should be
permitted because it is a “matter of justice”. Gay and lesbian people have the same
right as normal people, so same sex couples have equity to get marriage and move in
together. In addition, the permission of government and the respect of society for
same sex marriage could be beneficial for both same sex couples and society. By
analyzing the morality of gay marriage from the view point of Virtue Ethics, we could
recognize that the decisions of many gay and lesbian people are not unethical. Their
desires to live together and share mutual life are but natural needs and demands as
many other people.
Virtue ethics is a moral theory that makes virtue the centre of concerns. This theory
offers guidance to help people answer the question “What should I be”
instead of “What should I do” as Utilitarianism theory. Virtue ethics emphasizes an in
dividual's character as the key element of ethical thinking, rather than the moral nature
of actions as Deontology and the consequences of action as Consequentialism.
Compared to the duty-based moral conduct that follows a moral principle or rule to a
particular situation, Virtue ethics focuses on person’s moral virtue and moral
character, not on obedience to moral laws. Aristotle and Plato are two most modern
virtue ethicists. For Aristotle, every living being naturally aims an end, which meant
that life is teleological. It is argued that the ultimate aim of human being – their proper
goal – is happiness or flourishing (which is called eudaimonia by Aristotle). To fulfill
the proper function of life and to achieve eudaimonia, humans need to live truly with
reason in accordance. The virtues are the rational conducts of behaving, so it is
claimed that “Happiness is an activity of the soul in accordance with perfect virtue”.
Therefore, a virtuous life could not only offer humans guidance to realize happiness
but also help humans achieve true happiness.
From the theory of Virtue ethics by Aristotle, gay and lesbian have right to fulfill
their naturally goal. Because every person born different from other persons, gay and
lesbian people have no wrong in thinking and aspiring differently from normal people.
They have the equity to have the well-lived life in their own way, so there is not any
reason to reject their right of getting marriage with a same sex person. According to
Virtue ethics, happiness is the ultimate goal of life, so if same sex marriage gives
homosexuals virtuous and meaningful life, it is an ethical action. Homosexuals is
ethical because their desires of loving, getting marriage and sharing feelings,
responsibilities are normal. The marriage of same sex couple could enable them to
achieve the eudaimonia in their life. As a result, the justice of society as a whole
would be enhanced.
Besides, Virtue is defined the mean between deficiency and excess that keeps
everything in moderation. For Plato, he maintains a virtue-based eudaemonism
conception of ethics. He believes that virtues are intellectual skill that could be
created from practicing, teaching, experiencing. Virtue in Plato’s opinion is not a
mean between extremes but aims at an extreme. Therefore, maximizing the happiness
is an ethical action of homosexuals, not except for moving in together with same sex
lover. Although the marriage of homosexuals in Vietnam could experience many
objections of other parts in society, same sex couples are still considered ethical to
have their own decisions.
From the 1/1/2015, the law of Vietnam has lifted the ban on same sex marriage.
However, it does not means that this problem is accepted. Everyone can get married
with the person who have same gender but they will not protect by law when having
any troubles. The government doesn’t prohibit the same sex marriage, but people in
this situation can not received any advantages as a normal couples. They also have no
social responsibilities to raise and care for children. They have lost what they can get
when they get married to the opposite sex. In addition, caring a child is your duty.
Meanwhile, if same sex marriage, they can adopt children. There is hardly connection
between them and children. They can not give them the best care or really love them
like their own children. One more thing we need to care about when accepting the
same sex marriage is the unbalance in a family. In every family, one person usually
have a role with individual duty. For example, the husbands is a homeowner, earning
Money and solve some problems such as build houses, repair electronic devices, etc.
In contrast, women will take care children, clean their houses, or cooking. Therefore,
when have two men or two woman in one family, they can not share the duty of
family by a balance way. They need to do everything whether it is something they
don’t know how to do. After all, even if they are really happy to be with their loved
ones, they still can not complete their duty for family also for society. Because
deontology theory don’t concern about the consequences, the homosexual marriage is
still a wrongful act in Vietnam.
It is because in Vietnam the responsibility of every woman and man in the family is
heightened so the same sex marriage has not been accepted by government. So many
couples have decided to apply for marriage abroad in order to receiving legal
protection marriage . The case of a famous young woman on the network in Vietnam
which nickname Bi Bảo is an example. She and her girlfriend were received marriage
certificate in the United States – one of the countries legalizing same-sex marriage.
In addition to being married abroad, there are many cases which they can not
marry or live together. In Vietnam , there is a story about a gay man living àn working
at the circus ( also called as : lô tô ) . He has feelings for circus son and they both have
a love time . However, with the duty of a son in family, they broke up because the
circus son must marry a girl. In above case, we can see that although same sex
marriage is no longer a foreign concept to Vietnamese people , the same gender
people can not marry because of their family responsibilities.
If not in terms of the responsibility of men and women in the family, the bond of
marriage is also a way of binding responsibility. Marriage registration and recognition
is a way of connecting life and responsibility between two people. As in Vietnam, the
granting of same-sex marriage is still not accepted, so they will not have a binding
obligation to each other.
because homosexual family doesn’t have the balance between the one who protect the
family and the one who take care of members in the family. In fact, it is completely
opposite with their thought. Same sex marriage has a great balance in equity because
there is no different in responsibility between the two.A three-year study in Vermont,
USA on the quality of life of registered married couples and traditional married
couples living together shows that homosexual married couples living with a
registered marriage have a better relationship as their marriage is closer, more
harmonious and less conflicts. Research in North European countries shows that after
government had passed the law which allow homosexual people to get marriage, it has
reduced the transmission of sexually transmitted diseases.”Thus, the legal law for
same-sex marriage have a very positive effect on public health and the cost-
effectiveness of social welfare issues.”
It is also concerned that a child raised by homosexual couples may not develop
normally cause there is no dad in lesbian family and no mom in gay family. However,
many countries such as America had do research about this problem and the result
showed that there was no proof that a child had grown unnormally in a homosexual
family. The American Academy of Pediatrics (2002), The American Society for
Reproductive Medicine (2006) concluded that there was no evidence that the child
would be affected by gender of parent. Some studies even showed that babies raised in
lesbian family had more achievements than babies raised in heterosexual family while
babies raised in gay family had greater leadership. At the end, the care and education
of homosexual couple does not adversely affect the concept of family tradition and the
development of children.
In short, if Vietnamese societies have always followed traditional values, today
society is always changing to match the socio-cultural development of the new age.
Accordingly, old stereotypes about homosexuality have changed and changed in a
positive way. Gay marriage is increasingly supported and recognized as human rights.
However, in the future, in order for gay marriage to be passed by law, the government
has to discuss the most appropriate law.
*From 2016, Vietnam has officially lifted its ban on gay marriage, affording same-
sex couples a level of freedom rarely seen in Southeast Asia. Thanks to a new law,
Vietnam will no longer be able to prohibit same-sex couples from entering into
unions. However, the law does not go as far as recognizing same-sex unions and
granting LGBT couples with equal marriage rights. Rather, the law more or less turns
a blind eye to same-sex unions. Of the approximately 90 million people living in
Vietnam, at least as many as 1.65 million people between the ages of 15 and 59 are
LGBT.
Vietnam is already seeing an influx of LGBT travelers from abroad, said Nguyen
Anh Tuan, owner of Gay Hanoi Tours, which has seen bookings increase by as much
as 50 percent in the past year.
The new law “indicates to everyone that Vietnam is opening up more and
welcomes everyone,” he said. “Vietnam is changing very quickly. There are bigger
gay communities and gay events.””
However, government only just stops banning same-sex marriage, there is no law
to protect the benefits of LGBT union. We guess we have to wait more for
government to introduce more beneficial laws, but it is still good to have same-sex
marriage legal in Viet Nam.
Almost the point of view protesting same sex marriage in Vietnam based on the
traditional concept of family. A large number of people in Vietnam nowadays are
fears that same sex marriage would break the "family”, going against a basic family
function of maintaining the race. Our opinion is that the authors of these objections
are not wrong. But prejudice and stigma are the main drives leading most Vietnamese
people to have negative attitude toward homosexuals. So, in essence, we have an
agreement that accepting gay or bisexuality is a change of prejudice, stigma rather
than a change in norms of living or traditional values. The changes in minds, opinions
or other forms of thought are indispensable for society in the world and Vietnam is no
exception. Basically it is about time and the factors that affect these changes.