Legalizing of Same-sex Marriage in the Philippines

Introduction

Same-sex marriage is the marriage of a same-sex couple, entered into in a civil or

religious ceremony. The term marriage equality refers to a political status in which the marriages

of same-sex couples and the marriages of opposite-sex couples are recognized as equal by the

law. The perspective of same sex marriages is gaining foothold around the world such that

countries like Netherlands, Spain, Canada, and Belgium have supportive policies that allow

lesbian, bisexual, gay, and transgender marriages. Irrespective of the special residency issues and

requirements imposed by most nations on homosexuality, the emergence of Civil unions,

domestic, and registered partnerships facilitate the promotion of equality rights. In this sense,

most individuals especially in the Philippines are against gay and lesbian marriages. According

to the Social Weathers Stations (SWS) survey held in March 2018 showed that 61% of Filipino’s

disagree with the proposed bill to legalize same-sex marriage, 22% agree with it, and 16% are

undecided.

The Philippines is ranked as one of the most gay-friendly nations in Asia. The country

ranked as the 10th most gay-friendly in a 2013 global survey covering 39 countries, in which

only 17 had majorities accepting homosexuality. Titled "The Global Divide on Homosexuality,"

the survey conducted by the Pew Research Center showed that 73% of adult Filipinos agreed

with the statement that "homosexuality should be accepted by society," up by nine percentage

points from 64% in 2002. The main reasons for the high percentage of LGBT acceptance in the

Philippines are the archipelago's historic point of view and respect to gender-shifting and non-

based gender roles before the 12th century which have been inputted in indigenous cultures prior
to Islamization and Christianization and the current public mediums (television, writings, radios,

and social media) that have set a spotlight on the sufferings of countless LGBT Filipinos in their

own country due to colonial-era and colonial-inspired religions.

Body

The opponents of gay and other forms of same sex marriages solely have their basis on

the use of the concept “marriage”, which they critique to have religious and societal norms. Most

of the world’s cultures have defined marriage as the union of a man and a woman, but tradition

can be a mixed bag. It also includes grotesque exploitation of workers, denial of rights to women

and execution of people who committed property and thought crimes. And of course, opponents

of gay marriage urge that this concept is also something that violates tradition. Marriage reflects

the biological necessity of humans to procreate, which provides a legal framework that

strengthens the man-woman union for the benefit of all. Aside from this, this is also the reason

why the law generally allows prisoners to wed even when it is unlikely for them to be released.

Gay couples are allowed to adopt a child, but they will never be a father and a mother to him or

her. This might pose a huge problem, considering that a baby needs milk, which means the need

for a lactating mother. Yes, milk is available at supermarkets, but in a strict biological sense, a

child would not be able to breastfeed when he or she is adopted by a gay couple, and the essence

of one dad and one mom is not being met. "Every individual engaged in the homosexual

lifestyle, who has adopted a homosexual identity, they know, intuitively, that what they're doing

is immoral, unnatural, and self-destructive, yet they thirst for that affirmation." (Barber Matt

2003). A 2003 set of guidelines signed by Pope John Paul II stated: "There are absolutely no

grounds for considering homosexual unions to be in any way similar or even remotely analogous

to God's plan for marriage and family. Marriage is holy, while homosexual acts go against the
natural moral law." (Cristofaro, M.,& Wilkinson T. 2003) Former Arkansas governor and

Republican presidential candidate Mike Huckabee stated in Oct. 2014 that gay marriage is

"inconsistent with nature and nature’s law." (Edwards, D 2014) The philosophical and practical

arguments of same-sex marriage are seen as largely distinct from those of marriage equality. For

example, historians found out that gay marriage destabilizes a society when some men can take a

lot of wives, while leaving other men without the opportunity to mate. However, this marriage

concept does not fundamentally change the basic idea of 2 individuals agreeing to be united for

life and taking on the privileges and responsibilities of their agreement. Thus, proposals to

legalize multiple-partner marriage should be considered separately from legislations with regards

to single-partner marriage.

Allowing same-sex marriage would enable gays and lesbians in the Philippines to marry

the person they love and would strengthen everyone’s rights. From a human rights perspective,

broadening civil marriage to couples of the same sex demonstrates respect for the fundamental

rights of equality and nondiscrimination. “It serves only to hurt, to discriminate, to deprive same-

sex couples and their families of equal dignity, to label and treat them as second-class citizens,

and to deem them unworthy of participation in one of the fundamental institutions of our

society." (Chittal N. 2014) Probably the biggest advantage of gay marriage is the opportunity for

gay people to freely do what they want without the society or state playing big brother. Basically,

marriage is the union of two individuals who decide to spend their lives together willingly.

Considering that heterosexual couples get married, proponents see no reason why gay couples

should not get that same privilege. According to them, gay marriage or the law legalizing it

would end injustice on a considerable section of humanity. In that sense, same-sex marriage is a

social equalizer. The LGBT community enjoys the same fundamental rights as others, and it
would be reasonable to give them the right to marry. Since 1888 the US Supreme Court has

declared 14 times that marriage is a fundamental right for all, according to the American

Foundation for Equal Rights. Article 16 of the Universal Declaration of Human Rights

guarantees "men and women of full age, without any limitation due to race, nationality or

religion the right to marry and to found a family. They are entitled to equal rights as to marriage,

during marriage and at its dissolution." Amnesty International states that "this non-discrimination

principle has been interpreted by UN treaty bodies and numerous inter-governmental human

rights bodies as prohibiting discrimination based on gender or sexual orientation. Non-

discrimination on grounds of sexual orientation has therefore become an internationally

recognized principle." Millions of LGBT people contribute daily to Filipino life in a multitude of

ways culturally, socially, financially, politically, vocationally, and spiritually. LGBT people are

the fundamental to this nation’s continued growth and evolution and the Filipinos would suffer

greatly from the withdrawal of our many contributions. The legalization of same-sex marriage

affirms the inherent worthiness of LGBT people as valued Filipino citizens deserving of equal

rights under the law. This promotion of equality and non-discrimination plays an extremely

important role in reducing homophobia and in affirming a minority group in society which has

for so long endured significant discrimination and stigmatization. Legalizing same-sex marriage

communicates to millions of people across the country that gay relationships are of equal value

to straight relationships, thereby helping to reduce intergroup prejudice and supporting cultural

diversity. Not only will the legalization of same-sex marriage help homosexual people achieve

equality, it will also help homosexual couples develop loving families. As it’s obviously not

possible for same-sex couples to have children, they must either resort to artificial insemination

and surrogacy or adoption. The adoption of children by same-sex couples will give them a stable,
loving environment to grow up in, an environment that these children otherwise may never find.

Currently most adoption agencies will only allow married couples to adopt children, making

adoption impossible for same-sex couples in Philippines. Not only will allowing same-sex

marriage help homosexual couples start the family they’ve always dreamt of, it will also give

children the loving and caring parents they need to support them through their childhood. Just

because a person is gay it doesn’t make them any different to someone else. Homosexual people

deserve the same rights as every other Filipinos. Legalizing same sex-marriage in the Philippines

will bring us one step closer to equality and will help us develop loving families, allowing same-

sex marriage is simply the right thing to do. Marriage is a human right, not a heterosexual

privilege. According to the University of Melbourne, a study showed that children raised by

same-sex parents score about six percent higher than the general population on measures of

general health and family cohesion. (Bever, L. 2014) A study published in Pediatrics on June 7,

2010 found that children of lesbian mothers were rated higher than children of heterosexual

parents in social and academic competence and had fewer social problems.( Gartrell, N. MD, and

Bos, H. PhD 2010) study found that children of gay fathers were "as well-adjusted as those

adopted by heterosexual parents." (Rachel H. Farr, Stephen L. Forsell, and Charlotte J. Patterson,

2010) As former Washington Post columnist Ezra Klein wrote, "We should be begging gay

couples to adopt children. We should see this as a great boon that gay marriage could bring to

kids who need nothing more than two loving parents." (Klein, E. 2013).

Conclusion

The perspective behind the illegalization of gay marriages has its basis on the existing

infringement associating with religious freedom. Expounding on this issue Friedman (2016)

reiterates that civil and religious marriages are distinct institutions such that criminalizing gay
and other types of LBGT marriages is characteristic of the fact that homosexuality and

lesbianism is sinful. Nonetheless, the constitution disagrees with this aspect as it clearly

facilitates the provision of protections to all Filipino citizens irrespective of their religious or

cultural background. In this sense, the state and other federal government agencies perceive

marriages as secular actions hence the government is mandated to overcome the various religious

influences. As such, they should ensure the enactment of laws and policies that guarantee the

respect of constitutional rights of all persons. Taking a supportive point of view on the

legalization of gay marriages, it is my understanding that Gays are liable to the right of choosing

their spouse and partner. The law and other regulatory bodies ought to extend equality rights for

same-sex couples to ensure the elimination of antidiscrimination issues as well as the existing

societal prejudices that emanate mainly due to condemnation by various religious bodies.

Exemplified by the scholar Dudley (Barker and Monk, 2015), the legalization of gay marriages

in the various global societies is subject to promote family values and social stability. Therefore,

it is my view that gay and other forms of LGBT marriages should have constitutional recognition

and protection as the participants have equal rights to choose their lifestyle regardless of how the

society’s perception.
References

Barker, N. J., Monk, D., (2015)”.From Civil Partnership to Same- Sex Marriage”

Bever, L. (2014) "Children of Same-Sex Couples Are Happier and Healthier”

Chittal, N. (2014) "Judges Chip Away at Florida Gay Marriage Ban,"

Cristofaro, M. & Wilkinson, T. (2013) "Gay Marriage Is Immoral, Vatican Says,"

Edwards, D. (2014) "‘Grow a Spine!’: Huckabee Explodes at GOP for Giving up as

Gays Break 'Nature’s Law' of Marriage,"

Friedman, H. M. (2016). “Which Restrict LGBT Rights”

Gartrell, N. MD, and Bos, H. PhD (2010) “Equality Practice: Civil Unions and the

Future of Gay Rights”

Klein, E. (2013) “Impact of Gay Marriage”

Rachel H. Farr, Stephen L. Forsell, and Charlotte J. Patterson, (2010)"Divorce Rates

Higher in States with Gay Marriage.”

Wikipedia.(October 2018). LGBT rights in the Philippines. Retrieved from

https://en.wikipedia.org/wiki/LGBT_rights_in_the_Philippines.