You are on page 1of 3

James Gregory A.

Villasis JD 1-1 He is a Woman, She is a Man: Conflict Between Transsexuals Right to Marry and Their Legal Sex Thesis Statement: However well-settled is the rule that the right to marry is a fundamental right for all, transsexuals are still deprived of this right due to the constraint of the law to legally recognize them of their chosen sex. Legislative act through amendment in the present Civil Register Law recognizing sex re-assignment as a factor to alter sex would give transsexuals the capacity to contract marriage to the other sex. Outline I. Concept of Marriage a. Concept of Marriage under the 1987 Constitution i. Marriage as an inviolable social institution. ii. Marriage as foundation of family b. Concept of Marriage under the Family Code i. Marriage as a permanent union between man and woman. ii. Legal capacity of contracting parties which are a man and a woman as essential requisite of marriage. c. Jurisprudential Concept of Marriage i. Marriage as a union between man and woman. ii. Marriage as a forum for procreation. Right to Marry a. Right to marry as a fundamental human right. i. The right to marry under the Universal Declaration of Human Rights ii. The right to marry under the Convention for the Protection of Human Rights and Fundamental Freedom. b. Right to marry as a Constitutional right i. Right to marry under the Constitutional right to due process arising from liberty. ii. Right to marry under the Constitutions equal protection clause. Legal impediments against transsexuals to contract marriage even to the opposite sex. a. Void marriage due to lack of essential requisites. b. Void marriage due to psychological incapacity. i. Jurisprudential concept of psychological incapacity



ii. Failure to sexually cooperate as a ground for psychological incapacity. c. Homosexuality as a ground for legal separation. IV. Sex and gender in the Philippine legal system a. Comparison between sex and gender i. Definition of sex and gender ii. Sex and gender as interchangeable terms b. The concept of binary sex and gender paradigm. i. Legal factors considered in determining sex 1. In Littleton case. ii. Biological factors considered in determining sex 1. Anatomy 2. Physiology V. The Authority of State to determine the sex of an individual. a. The statutory rule under the Civil Register Law. i. The immutability of Sex in the birth certificate. ii. The circumstances where entries in the birth certificates may be changed. b. The jurisprudential rule in determining sex. i. Silverio v. Republic ii. Republic v. Cagandahan Conflict between jurisprudential rule and statutory rule in determining sex a. The exception in Cagandahan. b. The difference between Cagandahan and Silverio. Legalizing transsexual marriage in the Philippines a. Shifting the binary sex and gender paradigm under the Philippine legal system. i. The application of scientific advances in classification of sex and gender. b. Amendment to the Civil Register Law i. Legalizing the change of sex in the birth certificate due to sex reassignment. Implications of transsexuals right to marry a. Its implication as to the right to marry as a constitutional and fundamental human right. b. Right to marry as a matter of individual right and not of a public policy.




He is a Woman, She is a Man: The Authority of the State to determine Sex of Transsexuals Thesis Statement:

Outline I. II. Importance of determining sex a. Civil rights b. Political rights When is a man a man, and when is a woman a woman? a. Silverio v. Republic i. Facts ii. Legal Setting b. Republic v. Cagandahan i. Facts ii. Legal Setting Opinion of the Courts a. Silverio v. Republic b. Republic v. Cagandahan Conclusion