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POLYTECHNIC UNIVERSITY OF THE PHILIPPINES 1 CHAPTER I Introduction Article 1 of the Family Code of the Philippines defined marriage as a special contract of permanent union between man and a woman entered into in accordance with law for the establishment of conjugal and family life. Philippines is t...

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POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

CHAPTER I

Introduction Article 1 of the Family Code of the Philippines defined marriage as a special contract of permanent union between man and a woman entered into in accordance with law for the establishment of conjugal and family life. Philippines is the only Christian nation in Asia, one of the two predominantly Roman Catholic countries in Asia, other being the East Timor. About 80.6% belong to the Roman Catholic Church, while others belong to Iglesia ni Cristo and other different independent Protestant Christian Denominations.

The union between two individuals having the same gender recognized by church and society are product of same-sex marriages, which Philippines do not acknowledge. Religion in the Philippines is marked by a majority of people being of the Christian faith. And as a Christian, believing in traditional and cultural way of marriage is the nature of realities. Church, through all the ages, as well as all over the

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globe professes and declares that marriage is between man and a woman. Arguments favoring the same-sex marriage and those against it are arising not only in the Philippines but also throughout the world. Some based their reasons to the law while most believed in the power of what has been taught by the oldest scriptures (Trafton, 2015). This research will gather different ideas to both side and would give a hand to further understanding of same-sex marriage.

Background of the Study There were about nineteen countries where same-sex marriage is legal, including Netherlands (2000), Belgium (2003), Spain (2005), Canada (2005), South Africa (2006), Norway (2009), Sweden (2009), Portugal (2010), Iceland (2010), Argentina (2010), Mexico (2009, only in Mexico City), Denmark (2012), Brazil (2013), England and Wales (2013), Uruguay (2013), Luxemburg (2014), Scotland (2014), Finland (signed 2015, effective 2017), and Ireland (2015) (Waxman, 2015). Thus, around seventy-nine

countries

(omosexuality is )llegal

believed Crimes,

that

homosexuality .

is

illegal

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

Last June 26, 2015, a landmark case in the US Supreme Court involving the guarantee for right of same-sex couples to marry was ruled to be final and executory in the US Constitution (James Obergefell, et. al. v. Richard Hodges, Director, Ohio Department of Health, et. al. Case Docket No. 14-556). The court ruled 5-4 that the Constitution's guarantees of due process and equal protection under the law mean that states cannot ban same-sex marriages. With the landmark ruling, gay marriage becomes legal in all fifty states. Justice Anthony Kennedy, writing on behalf of the court, said the hope of gay people intending to marry "is not to be condemned to live in loneliness, excluded from one of civilization's oldest institutions. They ask for equal dignity in the eyes of the law. The Constitution grants them that right." Hence, Christian conservatives condemned the decision. Former Arkansas governor and presidential candidate Mike Huckabee called it "an out-of-control act of unconstitutional, judicial tyranny".

Marriages began June 26, 2015 in states that had previously thwarted the efforts of same-sex couples to wed, while some states

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continued to resist what they said was a judicial order that changed the traditional definition of marriage and sent the country into uncharted territory. Of the fourteen states where such unions were not allowed prior to the ruling, all but two — Louisiana and Mississippi — have allowed

marriages to proceed (Chokshi and Guo, 2015).

After the US Supreme Court legalized same-sex marriage in all 50 states, a similar petition was filed before the Philippine Supreme Court, seeking to abolish prohibitions on same-sex marriage and allowing the same in the country (Atty. Jesus Nicardo Falcis III vs Civil RegistrarGeneral, Gr. No. 217910). Atty. Jesus Nicardo M. Falcis III, who identifies himself as openly gay, urged the high court to nullify Articles

and

of

the Family Code who limits the marriages between man and woman, as well as Articles 46 (4) and 55 (6) of the same law which identifies lesbianism or homosexuality as grounds for annulment and legal separation. Atty. Falcis III said it is high time for the high court to act on this issue because of the millions of LGBT Filipinos all over the country who are deprived from marrying the one they want or the one they love.

POLYTECHNIC UNIVERSITY OF THE PHILIPPINES

He also said that Family Code in limiting marriages between man and woman is a deprivation of right to liberty without substantive due process of law, equal protection and in violation of Section 3 (1) Article 15 of the 1987 Constitution.

On the other hand, the leadership of the Philippines’ dominant

Roman Catholic Church stressed its opposition to legalizing gay marriage. The Church continues to maintain what it has always taught. Marriage is

a permanent union of man and woman, said Archbishop Socrates Villegas, the president of the influential Catholic Bishops Conference of

the Philippines. (e also emphasized that marriage… is an indissoluble bond of man and woman.

Speaker Feliciano Belmonte Jr., in a press conference, said a legislation to legalize same sex marriage in the country has no chances of passing the Houses of Representatives. In view of our culture, a law adjusts to the country’s predominantly Catholic Culture which does not

agree to the concept of same-sex couples. The law lives within the culture

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and the law cannot create the culture, it is the culture that creates the law. Eighty percent (80%) of the Filipino are Catholic which shows that the church also has secular control over a relatively conservative Congress, which has shunned legislation on same sex marriage, abortion, or even divorce, the issues that the Catholic Church has frowned upon.

Statement of the Problem The purpose of the research is to find out the following: 1.

Whether or not Same-sex Marriage should be allowed in the Philippines.

2.

Whether or not Same-sex Marriage is constitutional.

Scope and Limitations The research is focused on ascertaining the validity of same-sex marriage. Review on the presented arguments raised in landmark case in the United States granting same-sex marriage legal in fifty states will serve as one of the sources on this matter. Be that as it may, as the Philippines predominantly follows a Catholic culture, same-sex marriage

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is frowned upon as it directly conflicts teachings of the Church. These viewpoints, as well as other viewpoints on the topic, shall be considered in determining the application of same-sex marriage in the country in order to balance the weight of the premises and take cognizance of possible issues, to eventually come up with a right recognized decision as to the legality of same-sex marriage.

For purposes of this study, relevant comparative arguments shall only be drafted from the Roman Catholic teachings.

Significance of the Study The research was anticipated to contribute additional information that has duly undergone intensive study. This ought to give aid to the Philippine Laws in order to render just judgment to all citizens most especially the members of the LGBT Group. The purpose of this research is to locate results whether such marriage should be validly applied and accepted in the Philippines considering that Filipinos are governed by the

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secular culture inflicted by the fact that the country is pre-dominantly Catholic.

Definition of Terms 1. LGBT – Lesbian Gay Bisexual and Transgender refers to distinct group within society who are commonly distinguished by the way

they dress, through speaking and their actions. LGBT is traditionally been used to represent a diverse group or people who are attracted to people of the same gender or are in a relationship with someone of the same gender. 2. Family Code - collection of written laws gathered together covering all matters regarding family and marriage enacted by the former President Corazon C. Aquino on July 6, 1987 in Executive No. 209. 3. Homosexuality – associated with a person who consider themselves

as gay or lesbian , in which they are presuming a different gender from the actual gender they obtained from birth.

4. Roman Catholic – oldest institution to the western world pertaining

to religion that is governed by the oldest scriptures called the Bible.

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People under this religion imitate the life of Jesus Christ, believes in seven sacraments and the teachings believed that marriage is for man and a woman.

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