VietNamNet Bridge – In a setback to the gay community, draft amendments to the Law on Marriage and Family, to be submitted for National Assembly consideration on Tuesday, removed provisions related to recognition of same-sex marriage.

Since last July, the draft amendments to the Law on Marriage and Family have undergone several review sessions, with particular attention paid to the issue of same-sex marriage. For a while it appeared that same-sex marital unions would be recognized, but in later sessions, the door to gay marriage narrowed.

In July of last year, the gay community was heartened when the drafting committee removed the word “ban” in regards to same-sex marriage. The initial drafts also included provisions addressing the legal issues concerning the property and children of cohabiting homosexuals. In September 2013, however, the draft law changed from banning to “not recognizing” same-sex marriage, and did not touch upon the legalities of property and children of same-sex couples.

Ms. Nguyen Thi Lan of Hanoi Law University saw this as an unfortunate setback for the country. "I regret that the draft law removed Article 16, or the regulations on dealing with the legal aspects of homosexuals living together as husband and wife,” she lamented. “Not only the homosexual community but we, those who helped draft the law, are also very disappointed."

Compared with the Law on Marriage and Family 2000 which is now in effect, Lan says the draft law now being considered is not even as progressive as the current law and also promotes discrimination. In the draft law, problems arising between men and women or homosexuals who live together outside of marriage are settled by civil law.

"I know that homosexuals have two aspirations: the right to marry and the right to adopt children, and both rights are not satisfied in the new draft law. If the new law had Article 16, it would somehow give homosexuals a future," she said. According to Lan, if the bill is passed it will be difficult for law enforcement, not just homosexuals.

Ms. Tran Thi Ngoc Bich, from the Institute of Policy Studies, of the Ministry of Health, says the 2013 Constitution emphasizes human rights and civil rights. These rights are limited only in such necessary cases as those affecting the security, defense and lives of others in society. In fact, no study has ever suggested that the lives of gay people adversely affect society. However, the draft law on marriage and family, if adopted, would tighten and restrict the rights of its gay citizens.

From April 2014, the gay community in Vietnam has campaigned on its "I agree 16+" movement to support the maintenance and expansion of Article 16 of the draft Law on Marriage and Family. Many gay people felt disappointed when they learned that Article 16 had been removed from the last draft.

Makeup artist Hoan Khang, representing gays, said he was depressed and bewildered because same-sex couples would not be legally protected on matters such as inheritance and common property. If they have children, then the child’s interests will not be protected.

Tang Ai Linh, 35, and Nguyen Thanh Phuong, 33, are a lesbian couple who have been in love for over 10 years. When the issue of gay marriage was put to the National Assembly for discussion, they shot underwater wedding photos and started planning their wedding, in the hope and expectation that same-sex marriage would soon be recognized. They were disappointed upon learning that the final draft had been changed.

It is expected that National Assembly will approve the current draft amendments to the Law on Marriage and Family at the end of this session.

Le Ha