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    This document discusses the issue of same-sex marriage in the Philippines from both pros and cons perspectives. On the pro side, it argues that same-sex marriage should be allowed to give LGBT relationships equal legal status and protect individual rights. However, opponents argue that it would go against long-held religious beliefs and morals of the majority in the predominantly Catholic country. The document also examines how current Philippine law defines marriage as only between a man and woman, but notes the constitution does not explicitly limit it as such.

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    Research on Same Sex Marriage

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    This document discusses the issue of same-sex marriage in the Philippines from both pros and cons perspectives. On the pro side, it argues that same-sex marriage should be allowed to give LGBT relationships equal legal status and protect individual rights. However, opponents argue that it would go against long-held religious beliefs and morals of the majority in the predominantly Catholic country. The document also examines how current Philippine law defines marriage as only between a man and woman, but notes the constitution does not explicitly limit it as such.

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    © All Rights Reserved
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    40 views4 pages

    Research On Same Sex Marriage

    Uploaded by

    sheraldine
    This document discusses the issue of same-sex marriage in the Philippines from both pros and cons perspectives. On the pro side, it argues that same-sex marriage should be allowed to give LGBT relationships equal legal status and protect individual rights. However, opponents argue that it would go against long-held religious beliefs and morals of the majority in the predominantly Catholic country. The document also examines how current Philippine law defines marriage as only between a man and woman, but notes the constitution does not explicitly limit it as such.

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    of 4

    RAGASA, EMERSON O.

    JD-1
    LEGAL RESEARCH

    THS SAME SEX MARRIAGE

    PROS

    Allowing marriage to same-sex couples will give the relationships of


    LGBT people an equal status under the law and in society. Although there is
    a stigma on same-sex marriage not only in the Philippines but in some other
    countries around the world because of influence of Religion, customs and
    beliefs, there are also those countries who saw otherwise. It is the right to
    equality, freedom to choose identity, right to marry same sex --- all anchored
    to the rights bestowed upon any individual protected by the laws of the land.

    Thirty countries, including the United States, have legalized same-


    sex marriage, and many other Western democracies without marriage
    equality recognize civil unions
    (https://www.cfr.org/backgrounder/marriage-equality-global-
    comparisons).

    One haunting issue regarding same-sex marriage is the blatant


    opposition of the Church to such putting a debate on the extent to which
    religion should interfere with the State as such separation of powers is clearly
    delineated in our Constitution. The Church, though, continuously puts its
    claws of influence towards our lawmakers- some even blocking the passage
    of bills granting same-sex marriage in the Legislature.

    Our Constitution does not categorically state that marriages must be


    between a man and a woman. Nothing in Article XV or any provision in the
    Constitution limits the definition of marriage as between a man and a woman.
    As Section 2 of Art XV provides, “marriage, as an inviolable social institution,
    is the foundation of the family and shall be protected by the State.” Paragraph
    1 of Section 3 of the same Article further provides “the right of spouses to
    found a family in accordance with their religious convictions.” No mention
    about the marriage of a man and a woman here as the State collectively
    protects the “family as the foundation of the nation” (Article XV, Sections 2
    and 3, The Constitution of the Philippines: A commentary, By Bernas, 2009).

    The Constitution also specifically provides that no person shall be


    denied equal protection of the laws and that the State values the dignity of
    every human person, regardless of their sex or gender, to be recognized as
    having the right to marry.
    It is only in 1987 where an Executive Order was put into place creating
    the Family Code where in there, marriage is specifically described as union
    between a man and a woman. But when our laws clash, we always go back to
    the superiority of our Constitution against all other laws. As such, there is a
    possibility therefore that same sex marriage will finally see the light of day in
    our country for those individuals who have been living together as husband
    and wife.

    If given a green light, questions of law on property relations brought in


    by spouses of the same sex will finally be addressed, in cases of separation or
    death of one of the spouses. Marriage generally creates a presumption of joint
    ownership of property accrued during the marriage. Government benefits is
    one of the largest reasons to get married, because the government provides a
    lot of benefits exclusively to married couples. A small sample of these benefits
    include Social Security benefits, health care benefits, nursing home care, and
    unpaid leave from your job to care for family members.
    (https://www.findlaw.com/family/marriage/same-sex-marriage-pros-and-
    cons.html).

    Other countries have laws granting same-sex marriages and I don’t see
    why the Philippines should not open its door in passing a law to legalize same-
    sex marriage.

    For all its worth, marriage is a legal, not a moral issue, anyway.

    CONS

    If same-sex marriage is legalized here in the Philippines, it would put


    religious beliefs and long-held morals of the majority in jeopardy.

    It is the belief of the Church, and by Church, I mean Catholic which


    dominates the country, that marriage should only be between a man and a
    woman---not of the same sex, for doing away with this is an immoral thing,
    not just in the eyes of the society but in the eyes of God.

    Executive Order No. 209 otherwise known as the Family Code of the
    Philippines clearly specifies in its first article that marriage “is a special
    contract of permanent union between a man and a woman entered into in
    accordance with the law for the establishment of conjugal and family life.”

    It is one of the basic civil rights of man “fundamental to our very


    existence and survival” (Article 1 of Title 1, The Family Code of The
    Philippines).
    The law is crystal clear, the union should be of a man and a woman, not
    man to a man, nor woman to a woman. This is the very reason why same-sex
    marriage is not allowed---it violates not just our morals but our law. And
    although the Church and the State has separation of powers, they are in unison
    in this issue.

    Article 2 of the Family Code further provides for the essential requisites
    of marriage, one of which is the legal capacity of the contracting parties “who
    must be a male and a female.” Non-adherence to any of any of the essential
    requisites shall invalidate the marriage.

    The issue about same-sex marriage should not be anchored towards


    gender equality, since every citizen of this country enjoys equal protection of
    the State as embodied in the Constitution, may one be straight, gay, lesbian or
    transgender. Section 1 of Article III of the Bill of rights guarantees this, “no
    person shall be deprived of life, liberty or property without due process of
    law” (The 1987 Constitution of the Republic of the Philippines).

    Lastly, morals make a man, what is legal may not mean it is morally
    correct. At this point, same-sex marriage is not just immoral but against the
    very fibers of our law.
    Because,everybody deserves in happiness and if one of the partners
    passes away, there are legal grounds for the living partner to own the
    properties that they have both accumulated (conjugal property)… there
    are ways for homosexuals to get married without involving the church or
    religion. A judge can marry two people so that the state can recognize
    their union. I think that people are mislead to believe that only religion can
    marry two people… but the Philippines is a secular country which means
    that there is a separation between religion and state, this is to avoid
    religion controlling state affairs and decision making. At the end of the
    day, equality for all human beings is the main goal..

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