Legal Regulations of Some Countries Do Not Recognize Same-Sex Marriage

August 2004 to exclude same-sex marriage, defining marriage as "between a man and a woman". A survey shows that Australian attitudes towards same-sex marriage are changing rapidly, recognizing the fact that the Australian Parliament is lagging behind its international peers on this issue. The government of Prime Minister Malcolm Turnbull commissioned the Australian Bureau of Statistics (ABS) to conduct a non-binding referendum on same-sex marriage in September 2017. Accordingly, 12.7 million people participated in the vote, accounting for 79.5% of the number of people who met the current voting criteria. Of those, 61.6% voted "Yes" and 38.4% voted "No". Prime Minister Malcolm Turnbull said: "The Australian people have spoken. And I intend to turn their wishes into law before Christmas". Most Australian politicians have said they will respect the will of the people. Opponents will also vote yes if the referendum results in a majority “yes”, although supporters argue that it is an issue of equality, opponents have focused on the definition of family, raising concerns about how issues such as gender would be taught in schools if it were accepted.

On November 15, 2017, Australia announced the results of the referendum. According to the Australian Bureau of Statistics, 61.6% of voters (7.8 million people) supported the legal right for same-sex couples to marry, while 4.9 million people opposed it. According to the Bureau of Statistics, the number of people participating in the referendum exceeded 70% in 146 out of 150 electoral units in Australia. Except for 17 electoral units that opposed it, all the remaining units supported the change in the law. The reason the Australian government had to conduct such a referendum is because over the past time, same-sex marriage has become a hotly debated issue in this country.

On 7 December 2017, after hours of debate, the bill was officially passed. “This is Australia: fair, diverse, loving and

respect. A great day, when it belongs to all people”. Australian Prime Minister Malcolm Turnbull said on December 7, 2017 when the Australian Senate officially approved same-sex marriage.

In addition, most other countries such as Norway, England, Mexico, etc. have enacted laws prohibiting discrimination and prejudice against homosexuals. These countries also allow couples to live together at different levels, such as recognizing same-sex marriage in Canada, Spain, South Africa, Sweden, etc., and some countries allow same-sex relationships in forms such as civil unions or domestic partnerships in countries such as Bulgaria, Chile, Costa Rica, Cuba, etc.

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2.2.2 Legal regulations of some countries do not recognize same-sex marriage

There is no denying that, historically, homosexuality has been celebrated on an individual level. But in most cultures, homosexuals have been stigmatized, shunned, or condemned by society. In places where homosexuality is accepted, it is seen as a way to advance society. In places where homosexuality is frowned upon, certain behaviors are considered sinful or pathological, and some homosexual acts are even punished by law.

In the 1950s, hundreds of people were fired for being gay in a campaign called the "Lavender Scare" of McCarthyism. However, many politicians sarcastically criticized him for having a gay deputy, Roy Cohm. In January 2001, the Egyptian Ministry of Culture burned

6,000 books of 8th century homosexual poetry by Persian-Arab poet Abu Nuwas to appease Muslims.

There are still 72 countries and territories that have laws that punish homosexual behavior. Many of them are developed countries. List of 72 countries that criminalize homosexuality in the report of the International Lesbian, Gay, Bisexual, Transgender and Intersex Association (ILGA):

- Asia: Afghanistan, Bangladesh, Bhutan, Brunei, Daesh, India, Iran, Iraq, Kuwait, Lebanon, Malaysia, Maldives, Myanmar, Oman, Pakistan, Palestine, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, Turkmenistan, United Arab Emirates, Uzbekistan and Yemen.

- Africa: Egypt, Algeria, Angola, Botswana, Burundi, Cameroon, Comoros, Eritrea, Ethiopia, Gambia, Ghana, Guinea, Kenya, Liberia, Libya, Malawi, Mauritania, Mauritius, Morocco, Namibia, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Swaziland, Tanzania, Togo, Tunisia, Uganda, Zambia and Zimbabwe.

- Americas: Antigua and Barbuda, Barbados, Grenada, Guyana, Jamaica, St Kitts and Nevis, St Lucia, St Vincent and the Grenadines, Trinidad and Tobago.

- Oceania: Cook Islands, Indonesia, Kirbati, Papua New Guinea, Samoa, Solomon Islands, Tonga and Tuvalu.

According to the annual report of the International Lesbian, Gay, Bisexual, Transgender and Intersex Association, there are currently 8 countries with the highest penalty of death for homosexual acts, along with dozens of other countries with imprisonment or beatings. Specifically, South Africa, East Africa, the Middle East and South Asia are the harshest regions for homosexuals. Meanwhile, Western Europe and countries in the Western Hemisphere are the most tolerant.

In Iran, Sudan, Saudi Arabia and Yemen, homosexuality is punishable by death under Islamic Sharia law. The public hanging of homosexuals in Iran has tarnished the image of the government in the eyes of the world. In part 2, article 117 of Iran's penal code, it is clearly stated that homosexual acts will be punished by death. In two other Muslim countries, Syria and Iraq, the death penalty is carried out in territories occupied by the terrorist organization IS. The United Arab Emirates is famous worldwide for its skyscrapers and cities with extremely modern, sophisticated architecture, but the law

Its laws are also based on Sharia law. Therefore, anyone who has a relationship with a person of the same sex is not allowed and will be executed.

In the Middle East, which is home to many Muslim countries, based on conservative views of Islamic law, it is believed that other than sexual relations between married couples, other sexual relations are illegal, there is no legal basis to recognize such sexual acts, so homosexuality is strictly prohibited by law. Only in Israel, the rights of homosexuals are supported by law. Israel is the country with the highest rate of support for same-sex marriage in the world, with 61% of the population supporting it. Israel is the first and only Middle Eastern country to date to recognize unregistered cohabitation of same-sex couples. Although it has not recognized same-sex marriage, Israel is the first and only Middle Eastern country to date to have an attitude of recognizing same-sex marriage in other countries.

In the Democratic People's Republic of Korea, the government on the one hand recognizes the real existence of homosexuals and demands that society respect them, while on the other hand opposes the characteristics of Western homosexual culture, considering it to support hedonism, class division, and promiscuity. The country's laws do not contain provisions against discrimination or stigma based on sexual orientation. Homosexual relationships are not considered a violation of the law, but are not openly discussed in the country. With the view that male-female marriage is a solid foundation for society, North Korean law does not recognize same-sex marriage, civil unions, or civil partnerships [20].

Thus, not fully recognizing the rights that a person is naturally entitled to, including the right to marry for people of the same sex, is discrimination. Human rights are absolutely guaranteed only when equality is achieved for everyone from all walks of life. The right to marry is a sacred right in the life of every individual. Therefore, protecting the right to marry for people of the same sex will ensure

social value of law, aiming at fairness instead of justifying one's discrimination as legitimate.

2.2.3 Legal regulations of Vietnam

Recently, the situation of openly declaring one's sexual orientation is quite common, however, there has not been a survey to estimate the relative number of homosexuals in Vietnam. There are many different studies from countries around the world on the proportion of homosexuals but the rates are different, ranging from 1% to 9% of people of sexually active age. According to a scientific report from the World Health Organization (WHO) of the United Nations, about 3% of the population has homosexual tendencies. If this rate is applied in Vietnam, the whole country will have about 1.97 million homosexuals (according to population data by age as of early 2017, Vietnam has about 65.82 million people aged 15-64). Therefore, the issue of ensuring their legitimate rights needs to be resolved satisfactorily.

LGBT people in general and homosexuals in Vietnam do not have to suffer from severe discrimination or harsh regulations such as imprisonment, beatings or even death penalty for same-sex relationships like some other countries, but still enjoy most of the same rights as heterosexuals. However, currently, Vietnam does not recognize the right to marriage of homosexuals, although the right to marriage is an important personal right of each individual, recognized by law. The 2015 Civil Code stipulates:

Article 39. Personal rights in marriage and family

1. Individuals have the right to marry, divorce, equality between husband and wife, the right to determine father, mother, children, the right to be adopted, the right to raise adopted children and other personal rights in marital relations, parent-child relations and relations between family members. Children born regardless of the marital status of their parents have the same rights and obligations towards their parents.

2. Individuals exercise personal rights in marriage and family according to the provisions of this Code, the Law on Marriage and Family and other relevant laws.

The 2014 Law on Marriage and Family removed the prohibition on same-sex marriage, replacing it with a provision that “ marriage between people of the same sex is not recognized ” (Clause 2, Article 8). Thus, in the current social situation, homosexuals can hold wedding ceremonies and live together, but from a legal perspective, they are not considered husband and wife and cannot register their marriage with the State. Therefore, when disputes arise between homosexual couples, there will be no legal protection. In addition, Article 48 of Decree No. 110/2013/ND-CP dated September 24, 2013 of the Government promulgating regulations on administrative sanctions in the fields of Judicial Assistance, Judicial Administration, Marriage and Family, Civil Judgment Enforcement, Enterprise and Cooperative Bankruptcy stipulates that violations of regulations on marriage prohibition and violations of the monogamous marriage regime (fines from 1 million VND to 3 million VND) have also been abolished for same-sex marriage.

This is the result of many years of social advocacy and discussion, lawmakers have had a more positive view of the right to marry, equality of homosexuals and same-sex couples. Although the current law on marriage and family does not prohibit same-sex marriage, it also does not recognize marriage between people of the same sex. That is, people of the same sex can hold a wedding ceremony and live together in reality, but cannot register their marriage, cannot be granted a marriage certificate, or their cohabitation will not be recognized by law, and will not give rise to rights and obligations as husband and wife between them. They will not be protected by law as husband and wife when disputes arise. With the current regulations, the right to marry of people of the same sex is in a state of unrecognition.

So, in reality, in terms of rights, nothing has changed. However, in terms of social impact, the feeling of being discriminated against by society and the community has been somewhat reduced. Same-sex marriage is no longer considered a prohibited or harmful act to society and will likely be recognized in the future.

2.3 Difficulties in recognizing same-sex marriage rights

First, due to homophobia:

This is a negative attitude, fear, and social prejudice towards homosexuals. The origin of this is religious belief when the religion you follow has an attitude against homosexual behavior or due to subjective feelings that default to hatred of homosexuals. An example can be found in the US, according to the FBI, 15.6% of hate attacks reported to the police are due to sexual orientation discrimination. Of which, 61% are aimed at gay men. In 1998, a gay student, Mathew Shepard, was murdered in one of the most infamous cases in the US. Which syndrome includes homophobia and homophobia?

About homophobia: The feeling when discovering that they are homosexual is never a positive feeling for them. When they discover that they are homosexual, they are confused, fearful, negative, and panic if they are discovered by others. This fear gradually grows, causing them to always be in a state of inferiority, self-pity, and isolation. To relieve their psychology, they turn to stimulants, unhealthy or destructive lifestyles, and even suicide. When they suffer from this disorder, they no longer have the will to strive or fight for the rights that they deserve.

Regarding homophobia: harsh reactions from society, discrimination in social activities, at work, violent acts aimed at disparaging homosexuals or prejudice, insults and physical abuse at home, ridicule at school or dismissal, refusal to hire

used in the workplace. People with this syndrome represent a group that opposes recognizing the right to marry for gay people.

Homophobia can also be seen as a result of the overvaluation of the heterosexual model. Heterosexism is a form of insistence on the moral, legal, and anthropological superiority of heterosexuality over homosexuality and is also the premise for anti-gay sentiment. Heterosexism overrides the hierarchy of sexual values because it protects the continuation of the species. It quickly becomes a means, an ideology of the state, to ensure the concept of family and the continuity of societies. Heterosexism easily becomes homophobia when it denies homosexuals the right to a normal life. Today, although many studies show that children raised by homosexual parents develop normally, heterosexism persists because they believe that only male and female parents are legally qualified to raise a child.

Second, due to the influence of religious thought, especially Christianity and Islam.

As mentioned above, the views of most religions, typically Christianity and Islam, believe that only the union between a man and a woman can be considered marriage. Because the Bible records that, from the beginning of time when God first created heaven and earth, He created man and woman. He created them to become husband and wife, and built the first community-based framework of human life. The structure of the family, accordingly, is a close and lasting union between a man and a woman. This union reflects sociality, gender, psychological and physiological needs, and the need to preserve the race. Through the light of God's Word, marriage is not only a compromise, a contract recognized by society, it also has the meaning of a Sacrament, a vocation. God Himself united Adam and Eve. Love binds the two people closely.

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