group report topic same sex marriage legalization in vietnam

Because of two important features: rebuttals to three popular arguments and the benefits offered to same-sex couples and society, our team unanimously agree that same- sex marriage shoul

NATIONAL ECONOMICS UNIVERSITY

Ha Noi, 2021

Table of Contents

B019 GA 1 INTRODUCTION | cece an .a.ẽ.ẽ 3

I Same-sex marriage OVervieW 0 nh HH Họ Hà Hà HH Hà Đà Hà HH Tà Hà KH HH HH CHẾ 4 II Ắe 41 4 1.1 The definition of H"aTTIAĐ€ ch Tnhh ng gà HH HH KH TH TH gkHưyệp 4 1.2 The definiflon 0Ý saine-S€X IATTIAĐ€ HH HH Hà HH HH HH KH HH Hà ru 4 1.3 The mmportance of legaÌizIng safne-S€X ITIATTIAĐ€ Tnhh HH Hà Hà HH HH tru 5

2 The status of same-sex marriage around the WworÌd ee 6

3 The current issues of same-sex marriage in VietmaM 0.00000 de 6

Il II) 0.0 e O -.(A3 7

1 Consequentialism nh HH HH Hà HH HH Hà HH KH HH HH Hà 7 1.1 Consequentialism T€VICW nh HH HH Hà Hà Hà Hà HH Hà HH HH Hà HH HH HH HE 7 1.2 Consequentialism appÌICafIOT án nén HH Hà Hà HH HH HH HH HH HH 8

2 Deonfology nhà Hà Hà Hà HH HH HH Hà HH HH TH Hà HH HH TH gà ky 10

PP còi ca) nn ố ố ố 66 (43434 10 2.2 Deonftology applICafIOT «nh nà Hà Hà HH HH Hà HH HH HH HH ĐH ĐT Hà ky 11

3 Virtue ethics nen nh nh HH HH TH HH HH HH HH nà Hi hiện 14 3.1 Virfue ethIC§ TEVICW ung nh nh HH TH HH HH HH HH TH 0H go Hit 14 3.2 Virtue ethics appÌICAfIOH «ch nh nh HH Hà Hà HH HH HH Hà HH KH TH HH 14

TH Group opinions and ideas innit 16 1.Our group supporfs same-sex marriage legaÌ1ZafIOT nhìn Hà HH HH Hà Hà 16 1.1 Reftrrte misconceptflons about LGÏÏ - nh HH HH HH Hà HH HH gà Hy 16 1.2 The benefits of legalizIing same-sex marriage 1n VIe†naIM chua 19

2 Our predicflons about the fufure OŸ saIe-S€X ITIATTIAĐC cà nh HH nà HH Hà 21 CONCLUSION che Hư HH HH HH HH HH HH HH HH HH HH HH dit 26 REEERENCES nhà Hà KH Hà Hà Hà HH tà HH HH HE LH TH Hà HT HH HH 27

SUMMARY

The term "same-sex marriage” refers to a union between a man and a woman Couples need legal recognition as a foundation for marriage sustainability, as well as for tax, property inheritance, and medical benefits nghts While gay behavior is still illegal in more than 80 countries and territories, same-sex marriage is now legal in 30 countries In Viet Nam, same-sex weddings are now legal, albeit the government does not recognize them or provide legal protection in the event of a dispute

Consequentialism embraces the topic since it benefits gays’ physical and mental health and encourages them to live in their genuine selves Same-sex marriage is assessed according to four Deontological criteria: universe, self, means, and long-term societal influence Despite the lack of a global desire, nations around the world could willingly remove prejudice as social cognitively advances Straight people, who make up the majority of the population, are also fighting for the legalization of same-sex marriage In contrast to popular belief that children raised by same-sex couples are merely a means to an end, they can nonetheless nurture them with love and care This also leads to a more diversified community and a higher level of awareness This also fosters a more diversified community and raises a generation free of the stigma associated with LGBT people According to Virtue Theory, homosexuals have no different personalities than heterosexuals, hence they are entitled to love and marnage as a human right Legal assistance also encourages LGBT citizens to be more brave and active members of society Because of two important features: rebuttals to three popular arguments and the benefits offered to same-sex couples and society, our team unanimously agree that same- sex marriage should be recognized as lawful in Vietnam Same-sex marriage would be legalized, giving gay and lesbian couples the same rights and advantages as heterosexual couples Conflicting viewpoints against a group of minorities can be eliminated, and a message of equal treatment and respect for all citizens can be sent, all of which contribute

to the development of an inclusive community Despite being against Vietnamese conventions, the negative attitude toward same-sex marriage is an example of traditional ideas that will be altered as society develops 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, marriage is not solely for the goal of giving birth to children; otherwise, infertile, or elderly

people should be prohibited from marrying Finally, contrary to popular assumption, children raised by gay/lesbian couples can have just as good parenting as children raised by traditional couples, according to new research

Same-sex marriage should be legalized in Vietnam, according to ethical schools of thought and our team’s opinion

INTRODUCTION

Marriage is a common and important occurrence in the lives of living souls People

of every race, nationality, social class, religion, and non-religion tie the knot in every comer of our country, demonstrating that the majority of Vietnamese people believe matriage is a serious matter Human people aspire to the highest level of love in a constitutional form, regardless of the types of love experiences they have had

Throughout history, the legal system has gathered citizen input and followed government leadership in determining marniage restrictions As a result, the function of the law in ensuring equality of political and civic standing is critical Same-sex marriage is currently one of the most polarizing social issues in Vietnam It cannot be denied that the impact of homosexuals in particular and the LGBT community in general is expanding significantly, affecting not just Vietnamese but also international residents’ perceptions of this minor gender group Traditional standards and critics' viewpoints, however, aim to render same-sex marriage illegitimate Analyzing this topic can help us gain a better grasp

of the situation and guide our country in the proper direction

Our group decided to use three types of ethical theory to analyze homosexual matrimony: Consequentialism, Deontology, and Virtue Ethics Each theory instills its own ideology in the audience, resulting in various applications of the same-sex marriage case

We can determine whether Vietnam should legalize marriage between people of the same gender based on this framework

L Same-sex marriage overview

1 Definition

1.1 The definition of marriage

“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).” (Oxford dictionary) They will be permitted to live together, have children, and must establish mutual rights and obligations Marriage is viewed as a legal union of each person's emotional, social, and legal selves The majority

of marriages are based on love Weddings are frequently the social event that marks the start of a marriage Marriage registration with state authorities is what it is called legally

In most cases, a legal marriage consists of a man - husband and a woman - wife This is the most basic type of marriage, and it is legal in every country on the planet Many varieties have not been properly acknowledged by the community, such as temporary marriage, polygamy, and same-sex marriage, because many people believe that such mutant marriages can impair social morality and culture Only a few countries accept this type of marrage, particularly homosexual marriage, and make it legal 1.2 The definition of same-sex marnage

According to American Psychological Association (2016) “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” Homosexuality, as a sexual orientation, is a long-term pattern of emotional, romantic, and sexual attraction to people of the same gender Physical and mental health are similar in both homosexuals and non- homosexuals They only differ from normal humans in terms of sexual orientation The marriage between man and man, or woman and woman (known as gay marriage) is the same-sex marnage Despite the fact that marriage between two persons of different genders is legally recognized around the world, same-sex marriage remains a contentious issue Same-sex marriages have been documented in Roma from the first century, although they were not approved In the fourth century, the Roman Empire prohibited marriage Same-sex marriage became legal in the modern era around the beginning of the twenty-first century, but the topic regularly caused emotional and political battles between advocates and opponents People who support homosexual marrage argue that it promotes human rights, equality between sexual groups, and reduces discrimination

in society People who oppose this type of marriage, on the other hand, believe that having

a same-sex family causes a slew of issues: children raised by homosexual couples are

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subject to psychological trauma and behavior deviation due to a lack of a father or mother Opponents believe that legalizing same-sex marriage is inappropriate because it burdens the divorce system, affects the adoption process, and, most significantly, fails to maintain the lineage

1.3 The importance of legalizing same-sex marriage

Whether you support marriage as a social institution or not, there's no doubt that it provides a slew of legal and practical nghts, protections, and advantages Some of these may differ from state to state, but the following items are usually included:

- Tax benefits:

° Using the IRS and state taxing authorities to file combined income tax returns

° Using federal tax regulations to form a "family partnership,” which permits you to split business income among family members

- Government benefits:

° Spouses are eligible for Social Security, Medicare, and disability benefits

° Obtaining veterans and military benefits for spouses, such as educational, medical, and special loan advantages

° Getting help from the government

- Employment benefits:

° Obtaining insurance coverage through the employer of a spouse

° Taking time off from work to care for your spouse while he or she is ill

- Medica benefits:

Visiting your spouse in a hospital intensive care unit or other portions of a medical facility during restricted visiting hours

- Family benefits:

° Adoption as a stepparent or in a combined adoption

° If you divorce, you'll get a piece of the marital estate

° If you divorce, you may be entitled to spousal or child support, child custody, and vitiation

Legal marriage is the foundation of a long-term relationship: Because legal marriage necessitates a large number of documents, people will think twice before marrying Should the married couple have a disagreement and decide to divorce, the local government will

intervene A married relationship is less likely to dissolve than one without commitment, owing to the complexities of divorce procedures involving common property and child custody One of the motives for the wife and husband to face all hardships and obstacles together 1s this

These are some of the advantages that come with a legally recognized marniage People are not only able to live a normal life, but they are also treated fairly by society as a result of this legislation As a result, being recognized as a legal marriage has a significant impact on people's lives, particularly among people of the same gender The acceptance of same-sex marriage is critical for the LGBT community It allows them equal access to public services, legal protections, and community integration as opposed to opposite sex couples If their countries had not approved same-sex marriage, they would have lost a lot

of perks

2 The status of same-sex marriage around the world

30 countries around the world recognize same-sex marriage legally

Europe pioneers same-sex marriage The Netherlands first allowed same-sex marriage, giving more rights to same-sex couples in 2001 Since then, 16 other European countries have accepted same-sex marriage including Austria, Belgium, Great Britain, Denmark, Finland, France, Germany, Iceland, Ireland, Luxembourg, Malta, Norway, Portugal, Spain, Sweden and most recently Switzerland

Canada was the first American country to allow same-sex marriage in 2005 However, America's first same-sex marriage actually took place in 1971, when a Minnesota couple obtained a marriage license through a legal loophole The first same-sex marriage in the US was officially recognized in March 2019, after a five-decade legal battle

In 2019, Taiwan (China) became the first territory in Asia to allow same-sex marriage Some countries in the Middle East even still apply the death penalty to homosexuals, including Saudi Arabia and the United Arab Emirates

South Africa is the only country in Africa that allows same-sex marriage, which was legalized in 2006

3 The current issues of same-sex marriage in Vietnam

Vietnam has removed a provision prohibiting marriage between people of the same sex but has not yet recognized marriage between people of the same sex

Thus, in Vietnam, same-sex people can still get married, but will not be protected by the law in the event of a dispute The above change of the Law on Marriage and Family in

2014 can be said to be good news for gay people in particular and the LGBT community in general in Vietnam, because they have been marned and living together under the same roof with the one you love

However, in reality today, most Vietnamese people still understand that the concept

of marriage is the union between a man and a woman to maintain the race, and the family

is a collection of people who stick together due to marriage, blood relationship or foster relationship, giving rise to obligations and rights between them

And they raise the question whether same-sex marriage degrades morality, changes traditional norms or not? In fact, these views are not unreasonable, but do the people asking these questions ever to put themselves in the position of homosexuals who are, will be, and desire to marry the same sex to thinking yet?

In modem society, due to the pressures of life, the most expected goal of people on the threshold of marriage is that the family becomes a "home", a safe and secure place, where people can enjoy life satisfy psycho-emotional needs Many Facebook groups exist that allow people to freely express their views on homosexual weddings, such as "" (Supporters of Vietnamese same-sex marriage), "(We support LGBT Vietnam)" These kinds of organizations are fantastic for gays not only provide not just empathy and support, but also a wealth of information on others of the same gender for every Vietnamese person

IL Theories review

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determined by whether the action is right or bad in and of itself, rather than by the action's consequences It also differs from Virtue ethics, which focuses on the agent's character rather than the nature or effects of the act There are many differing viewpoints on Consequentialism, and this ethical theory has been criticized since it is difficult, if not munpossible, to predict the outcome of an action in advance, and whether the outcome is ultimately nght or wrong

Utilitarianism and Egoism are the two basic forms of consequentialism:

Egoism is based on the principle that an action is good if it maximizes happiness while

minimizing pain for the "self." It may permit activities that are beneficial and helpful to the "self," even if they are harmful to others Right and wrong are defined in Egoism by the consequences to one's own self Psychological egoism, ethical egoism, and altruism are the three basic types of egoism

Utilitarianism, like other kinds of Consequentialism, believes that the rightness or wrongness of an action is determined by the consequences it creates Utilitarianism,

on the other hand, 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 that the action must produce the greatest good for the greatest number of people, rather than just for self- interest, as Egoism does Utilitarianism holds that morally correct activities should aim to improve life by increasing the quantity of good things (such as happiness, goodness, and pleasure) while reducing the number of bad things (such as pain, sadness, crime, etc) This theory has only one rule: "Do what creates the best results,” therefore it doesn't follow any moral systems or codes of conduct that are based on traditions, conventions, cultures, or directives delivered by leaders or supernatural powers Act-utilitarianism and _ rule- utilitarianism are two types of utilitarianism Act-utilitanianism states that a person's action

is morally correct if and only if it achieves the best possible outcomes in the given situation The nghtness or wrongness of a specific action is a consequence of the correctness of the rule of which it is an instance, according to rule-utilitarianism

1.2 Consequentialism application

According to the Consequentialism theory (which includes Egoism and Utilitarianism), an action is morally right if the result maximizes happiness and pleasure while minimizing pain and sadness, both for oneself (as in Egoism) and for the greatest number of people (as in Utilitarianism), and a case should be considered if 1t causes more

harm or good to people to be considered morally wrong or nght Same-sex marriage should

be advocated in Vietnam for two reasons, according to this principle: physical and metal satisfaction for homosexuals, and the promotion of living with one’s true self

To begin with, marriage is a culturally recognized union of individuals known as spouses that establishes rights and obligations between them, as well as between them and their children and in-laws Because when two people are officially married, they can only

be truly happy mentally if the marriage is the consequence of love, the blossoming of love should lead to marriage And, while homosexual people in Vietnam have found their loved ones — the person they want to marry — they are unable to marry their loved ones due to the legal system, customs, and traditions of Vietnam, and are sometimes forced to marry someone of the opposite sex whom they do not love in order to conform to Vietnam's marriage culture and tradition and satisfy their parents And the long-term effects of this are highly negative When people marry for money rather than love, they are more likely to have conflicts and arguments, resulting in a miserable marriage life, which may lead to mental illnesses such as depression or even divorce as a result of the lack of harmony in their marriage

Furthermore, one of the most basic human needs is sexuality When homosexuals are forced to marry persons of a different gender, they are unable to satisfy their sexual needs since they must engage in sexual activity with people of a different sexual orientation, leaving them unsatisfied and prone to emotional stress In some circumstances, they will conduct relations with other people and betray their spouse in order to meet their desires Many studies also reveal that children of these couples have a higher risk of developing psychological disorders and are more likely to commit crimes than children who receive both parents’ affection

The lack of legality of same-sex marnage has various negative consequences, therefore using the Consequentialism principle, same-sex marriage should be encouraged According to Egoism, an action is morally correct if the result increases "the selfs” happiness while mimimizing "the self's” suffering If same-sex marriage is legalized in this situation, the homosexual individual obtains a lot of advantages They will be able to live

in their authentic selves and marry the one they truly love According to utilitarianism, an action is ethically correct if it creates a greater quantity of good or happiness than any other feasible action, and it must produce the greatest amount of good for the greatest number of people If the proposal for same-sex marriage is accepted, Vietnam's LGBT community

will be allowed to live in their real identity and accomplish whatever they've always wanted, as well as live like other heterosexuals

Some argue that same-sex marriage will ruin our country's customs and beliefs due

to consequentialism, claiming that the major role of the family is to perpetuate the lineage, which homosexual marriage will hinder, resulting in negative consequences However, because to advances in science and medicine, it is now possible for homosexual couples to conceive biological children

Second, same-sex marriage encourages people to embrace their genuine identities When people are carefree and able to be themselves, they work better This applies to the LGBT community as well When same-sex marriage becomes legal in Vietnam, it implies that we accept homosexuals for who they are and respect them as equals They will be happier and more dedicated to all they accomplish if they are treated equally to others For example, before people whisper and comment about how different they are from other people, homosexual persons get nervous and shy, they are afraid of meeting others, and as a result, they are unable to put enough effort into whatever they do because they are preoccupied with dread

However, if same-sex marriage is legalized, they will no longer be shy or afraid, and they will be able to try more, work more efficiently, and devote more time to their profession, allowing them to grow as people And, of course, there are no negative implications to assisting individuals in coming out of the dark and ultimately being able to live joyfully The result is joy and happiness for everyone, not just homosexuals, because when homosexuals are able to devote more time and effort than they previously did, the location where they work will benefit As a result, the outcome is beneficial not only to the

"self" (as in Egoism), but also to the greatest number of individuals (like in Utilitarianism)

2 Deontology

2.1 Deontology review

In Greek, the term "Deon" literally means "obligation." In general, morality in deontology is founded on knowing what one's responsibility is and carrying it out To be more specific, deontology (also known as non-consequentialist theory) 1s a moral theory that states that the rightness of an action is independent of its effects It 1s completely reliant on the character of the activity, which is the only thing that matters As a result, even

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if the act has undesirable outcomes or outcomes, non-consequentialists may accept them as long as the type of action is substantially correct

The term deontological was first used to describe the current, specialized definition

by C D Broad in his 1930 book, Five Types of Ethical Theory Older usage of the term goes back toJeremy Bentham, who coined it pror to 1816 as

a synonym of diacaustic or censorial ethics (1.e., ethics based on judgement) The more general sense of the word is retained in French, especially in the termcode de deontology (ethical code), in the context of professional ethics

The most influential deontological theory was developed by German philosopher

Immanuel Kant and is known as the categorical imperative Act only on a maxim by which you may simultaneously intend that it become a universal law, as Kant himself emphasized Kant's theory is based on two key claims: the will is the exclusive source of moral goodness, and a good will acts for universalizable reasons Natural law theory (morally right behavior follows the dictates of nature) and divine command theory (morally right action is the one that God commands) are two more well-known theories that are included

in deontology

According to non-consequentialism, the Vietnamese government's consideration of whether or not same-sex marriage is legal will be based on a quarter of the following criteria: universal, self, means, and long-term society impact

2.2 Deontology application

Overall else, deontological ethics theory will be examined in light of Vietnam's legalization of same-sex marriage To argue our position, we use the definition of deontological theory before evaluating the four requirements Allowing people to raise a family and allowing others to express their sexual orientation are two of humanity's most basic responsibilities Since deontology defines morality as knowing what one's duty is and carrying it out, same-sex marriage can be considered one of our responsibilities, especially since it is based on human basic nghts, such as the nght to social protection, an adequate standard of living, and the highest attainable physical and mental well-being Moreover, because non-consequentialism is not based on consequences, non-procreation (the most common argument used to oppose homosexual marriage) is no longer a concern, allowing marriage to be limited to heterosexuals In fact, it could be a solution to overcrowding Our team decided to take a look at four deontological theory criteria to make things more obvious:

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Universal: If you can universalize an act and still it is right, then it is ethical Because many opposing viewpoints strive to keep same-sex unions unofficial, homosexual marrage has not been universalized Protesters think that the LGBT population is disrupting nature's sex balance This view may be correct in some elements of deontology since heterosexuality has long been regarded the only sexual tendency However, because modern society is much more progressive in its thinking, an increasing number of homosexuals are deciding to come out and desperately want to marry legally, just like heterosexual couples; this results in the fact that same-sex marriage is a brand-new issue that people need time to accept

In Vietnam, a 2012 poll found that 37 percent of respondents favored same-sex marriage legislation, while 58 percent opposed it In 2014, 73 percent of Vietnamese people said homosexual marnage will have no negative impact on their family In 2016, the number of people who approve of same-sex marriage rose to 45 percent, while the number

of people who oppose it fell to 25 percent Furthermore, there have been various instances throughout history; for example, poaching was not criminal in the nineteenth century However, as the harmful consequences of poaching became widely recognized, nations all over the world gladly ended the practice by implementing rules prohibiting poaching Self: Are you ready to accept the same act on yourself?

Matrimony is built on the foundation of love, according to the current Vietnamese Law on Marriage and Family Homosexuals, like heterosexuals, cannot be compelled to love someone of the opposite sex, just as heterosexuals cannot be forced to love someone

of the same sex Imagine being born as a homosexual who is treated equally to everyone else with the exception of not being able to marry the person you love It would be a disadvantaged position that would be worth fighting for by everyone in your circumstance Remember that no night in the United Nations’ list of human rights is stated without the

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words "without discrimination," which is enough for you to boldly stand in the LGBT community, demanding your nght by birth

Human beings have several legal advantages once they reach the marriage stage As

a result, they can share financial issues or child raising, as gays can adopt children if they are competent of doing so; when their partner dies, they have complete authority over the joint property or inherit the spouse's inheritance Above all, marriage allows people to develop, fulfill their responsibilities, and become accountable not only for themselves but also for their families Marriage is indeed a unique opportunity for mankind that no gender

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restrictions should remain to prohibit people from experiencing the emotional and legal bliss of nuptials

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

As previously stated, the most widely held belief against same-sex marriage is that homosexual couples are unable to reproduce Despite the fact that reproduction is critical for the survival of our species, deontology is unconcerned with the repercussions; as a result, it rejects humans as a method of producing future offspring Even if reproduction is required, with the advancement of modern medicine, homosexual couples may still have children and raise them with care and affection, which is nothing out of the ordinary when compared to opposite-sex couples

Kant places such a high value on each individual's freedom and equality that he admires how individuals treat one another with fairness and kindness Humanity ethics are the actions we take for one another to demonstrate that no one is utilized as a means to an end

Long-term social impact: Will the society become better in the long term if this act

is practiced?

The very first advantage of this action is that it will result in a society that is more welcoming, varied, democratic, and less discriminatory By recognizing the rights of a social minority such as the LGBT community, we are opening the door for other cultural, political, and other minority groups Furthermore, acknowledging the legality of gay partnerships by allowing them to exist contributes to a reduction in homophobia and violence towards LGBT people In areas where same-sex marriage is not legal, this will also develop heterosexual supporters for the LGBT Furthermore, whether homosexual marriage is recognized or not, the stigma associated with homosexuals will progressively fade

Secondly, we can raise an unblemished generation without having to worry about stigmatizing LGBT people Inequitable treatment of homosexual couples’ damages not just the couple but also their offspring Denying parents’ basic civil rights also implies denying children's basic authority, which are available to heterosexual youngsters As a result, those youngsters are tormented at school, online, and in the neighborhood, which is incredibly poisonous to their psyche and may lead to the formation of a deviant ideology and personality The Vietnamese government is protecting the next generation, the country's future masters, by allowing same-sex marriage

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