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Vietnam Abolishes Same-Sex Marriage Ban


Guest wozzit

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Guest wozzit

Vietnam has become the first Asian country to abolish a ban on same-sex marriages. The country therefore has taken the lead in promoting gay rights in Asia. This article appeared yesterday in Bloomberg News.

 

Vietnam taking the lead in gay rights in SoutheastAsia by abolishing a ban on same-sex marriage has medical doctor Thuan Nguyen planning a wedding ceremony with his boyfriend of two years.

 

“I am ready to have a wedding,” he said. “Many, many young people in love are optimistic about the acceptance of gay weddings.”

 

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 gay people. The National Assembly’s move is expected to attract more lesbian, gay, bisexual and transgender travelers and boost Vietnam’s $9 billion tourism industry.

 

“This makes Vietnam a leader in Asia,” Jamie Gillen, a researcher of culture geography at National University of Singapore, said by phone. “Singapore just reaffirmed its ban on homosexual behaviors. Vietnam is trying to pitch itself as a tolerant and safe country.”

 

Vietnam’s new marriage law, which went into effect New Year’s Day, abolished regulations that “prohibit marriage between people of the same sex.”

 

Same-sex marriages can now take place, though the government does not recognize them or provide legal protections in cases of disputes. The government abolished fines that were imposed on homosexual weddings in 2013.

 

No other country in Southeast Asia has taken as big a step toward accepting same-sex marriage as Vietnam, Phil Robertson, deputy Asia director at Human Rights Watch, said by phone.

 

Edited by wozzit
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Guest Neh Neh

Should urge the garmen to follow Vietnam. Don't lag behind. Show the kiasu spirit.

Actually, one word: shock. Vietnam is still pretty socialist or communist country.

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I thought thailand will be the first

 

No way will that happen any time soon. It may b easy to find sex in Thailand but it is an ultra-conservative society.

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I'm sure the authorities have a keen eye on the slowing Vietnamese economy, saddled with bad state debts

but saw the opportunity that increased tourism from the gay community afforded.

 

They very well must have taken a leaf from neighbour Thailand.

 

Anything and everything in moderation for them, I suppose.

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there is no need to move to vietnam to get married in vietnam. generally speaking, 2 non-citizens can wed in a country, and the marriage would be recognised in the citizens' country of citizenship or domicile or any other country for that matter.

Edited by Foo Desmond
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there is no need to move to vietnam to get married in vietnam. generally speaking, 2 non-citizens can wed in a country, and the marriage would be recognised in the citizens' country of citizenship or domicile or any other country for that matter.

Really, singapore recognises a gay marriage cert from california or new zealand of two singaporean males in what ways?

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To my knowledge there is no case in Singapore that recognises a homosexual marriage. However, it is trite law that the law that governs (i.e. "the applicable law of") the validity of the marriage is the lex celebrationis (i.e. place of celebration, i.e. place that the marriage took place). Thus, if 2 Singaporean citizens marry in a country in which such marriages are permitted, the marriage would be recognised as valid under Singapore law. S12 of the Womens Charter which voids the marriage between 2 individuals of the same sex is a unilateral choice of law provision and not a forum mandatory rule, this means S12 only applies if the applicable law is Singapore law. Thus if the place of celebration is not Singapore, S12 WC is not engaged. 

 

In practice what "recognition" means is that in the eyes of Singapore law, the marriage is valid. Practically, 2 important consequences follow, although not tested in any precedent case. (1) A Singapore court would be able to order division of matrimonial assets and maintenance as long as it has jurisdiction over the divorce (if either party are dominciled or habitually resident in Singapore - see S93 WC). This is because the wording utilised ("parties to a marriage") in Part X of the WC, which is the relevant part for divorces, does not contemplate that the marriage to be between a male and a female. (2)  One spouse can succeed the other spouse's estate under interstate succession (S7 Interstate Succession Act) because the ISA only uses the term "spouse" and does not require the spouse to be one of a heterosexual marriage. 

Edited by Foo Desmond
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A friend living in Thailand and travels to Vietnam often wrote this:

 

"Before everyone gets carried away, dont forget that the key here is that its allowed but not legally recognized. They had law banning same sex marriage which will be abolished. In Thailand you can also have a gay wedding but the marriage is not recognized either. So basically its the same situation. We never had any law banning same sex marriage and what were discussed in parliament here last year was law recognizing same sex marriage. In  a sense we were more advanced in our attempt."

______________________________________________________________________________________________________________________

 

善待对人。麻烦用英文来表达信息。不是每个人都会看的懂中文 “People need to learn the art of making an argument. Often there is no

right or wrong. It's just your opinion vs someone else's opinion. How you deliver that opinion could make the difference between opening a mind,

changing an opinion or shutting the door. Sometimes folk just don't know when they've "argued" enough. Learn when to shut up."

― J'son M. Lee 

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The gay marriage change in Vietnam may not b quite as revolutionary as some suggest. But like many countries in Asia, Vietnam society is basically conservative. A study last year showed that 53% of those polled were against any form of gay marriage. The governments new initiative will b at least a start in changing perceptions of gays and gay lifestyle. That is good for gays. Its also quite a large step further than most other countries in the region r prepared even to consider.

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As mentioned above, removal of the same-sex marriage ban is a step ahead but there is still no legal recognition in Vietnam.  

I'm still quite sure that Japan or Israel will be the first in Asia... or possibly Taiwan too :)

 

Japan and Israel would make interesting case studies. 

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Guest Cumming Home

Another potential destination to consider emigration.  Any gay supportive countries deserve to be called home. Yes, gay people are coming home. Good morning Vietname!!!!

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I'm still quite sure that Japan or Israel will be the first in Asia... or possibly Taiwan too :)

 

Dont know much about Israel but I cannot see it happening first in Japan. If I were to make a bet, Id put money on Taiwan being first.

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You see the naysayers saying its not recognized blah blah but excuse me, its a GREAT FIRST STEP that any sensible country can make towards being a real inclusive society and not one with all hot air spewing not unlike Singapore. Citizens of any country have a BIRTH RIGHT to be who they are and what they want to be.

 

Singapore is just moving backwards in its mentality and has no foresight whatsoever on this front. They are still medieval in their thinking (whoever the bloody person is to say yes or no) and its pointless to hope for any change anytime soon.

 

As we ALL can see, the world is moving forward but Singapore isn't. Just like what one of the analyst have said, Singapore only just reaffirmed its position on its BAN on homosexuality. Can't these stupid people see that we were born this way and stop making our lives more difficult than it already is. These are obstinate selfish people who refuses to step in any one else's shoes besides themselves and does not care one bit about accepting others different.

 

And Singapore calls itself first world?! Yes in the financial sector but certainly not in the humanitarian aspect of it all. If any of you live in western countries, you will notice and feel the difference. LGBTIQ people are NEVER treated like how we are treated in Singapore!!! The disabled are never treated any less worse than anyone else, the weak, hungry, poor and old are NEVER EVER treated in such contempt like how they are treated in Singapore.

 

So, good on you Vietnam!

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You see the naysayers saying its not recognized blah blah but excuse me, its a GREAT FIRST STEP that any sensible country can make towards being a real inclusive society and not one with all hot air spewing not unlike Singapore. Citizens of any country have a BIRTH RIGHT to be who they are and what they want to be.

Singapore is just moving backwards in its mentality and has no foresight whatsoever on this front. They are still medieval in their thinking (whoever the bloody person is to say yes or no) and its pointless to hope for any change anytime soon.

As we ALL can see, the world is moving forward but Singapore isn't. Just like what one of the analyst have said, Singapore only just reaffirmed its position on its BAN on homosexuality. Can't these stupid people see that we were born this way and stop making our lives more difficult than it already is. These are obstinate selfish people who refuses to step in any one else's shoes besides themselves and does not care one bit about accepting others different.

And Singapore calls itself first world?! Yes in the financial sector but certainly not in the humanitarian aspect of it all. If any of you live in western countries, you will notice and feel the difference. LGBTIQ people are NEVER treated like how we are treated in Singapore!!! The disabled are never treated any less worse than anyone else, the weak, hungry, poor and old are NEVER EVER treated in such contempt like how they are treated in Singapore.

So, good on you Vietnam!

Like I said, singapore is a stuck-in-the-ass dingleberry since the victorian era.

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like i said, singapore recognises homosexual marriages.

it recognizes same sex marriage like it recognizes Elton John as a superstar. On face-value only.

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I think this news report and its headline is misleading. Vietnam did not lift a ban on same-sex marriage; it lifted a ban on same-sex marriage ceremonies. It was only newsworthy because such a ban existed in the first place. As someone noted, in a lot of other places - including Singapore - you can hold a same-sex marriage ceremony and not have contravened any law, since the ceremony means nothing. At least for now, since no case has ever been tested judicially; yet, common law marriages are given the same rights as legally married couples. Which does make you think what would happen if a civil case makes it to the courts here and the same-sex couple is married legally elsewhere.

I agree with what is said about Singapore being backward in terms of official protection of LGBTQQI. Yet, the likelihood of me getting gay bashed, even if I were to sashay down the streets of any neighbourhood here in my campiest, pinkest showgirl outfits is highly unlikely.

As for the first Asian country (excluding the Pacific ones) to legally allow for same-sex marriages? I'm placing my bet on Taiwan or Hong Kong. China might surprise us though (and if it does, it'd not be by activism but governmental decree).

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huh, no. if one spouse dies without leaving a will, the other will inherit at least half of the others assets.

Is there a precedent already? If no then is empty talk

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Dont know much about Israel but I cannot see it happening first in Japan. If I were to make a bet, Id put money on Taiwan being first.

 

Well Tel Aviv is the gay capital of the world for a reason. Granted, the rest of Israel is more hesitant but they are still a secular (and increasingly liberal) democracy nonetheless.

 

LGBT issues in Japan are tricky because we often see them as ultra conservative. But for some reason they are relatively tolerant with the LGBT community from what I've heard and read. 

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