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Is Same Sex Marriage Can be Apply in the Philippines?

The state of New York recently passed a law that legalizes same-sex
marriages. That means gay and lesbian couples could marry, with legal protection
ordinarily granted to male-female couples. New York is the latest US state that
allows same-sex marriage.
Also recently, weve seen Filipino gay and lesbian couples getting married
in the Philippines, re-sparking the debate on same-sex marriage. These individuals
may have undergone such a ceremony to express their love and commitment to one
another. They may have done it to rekindle the debate. They may have other
reasons, but it could not include seeking legal protection and benefits that flow
from marriage.
Philippine laws do not recognize and protect same-sex marriage. It doesnt
matter which religion you belong.
Marriage is a special contract of permanent union between a man and a
woman entered into in accordance with law for the establishment of conjugal and
family life. This is part of the definition provided in Section 1 of the Family Code.
The Supreme Court stated in a 2007 case that one of the most sacred social
institutions is a special contract of permanent union between a man and a woman,
referring to the institution of marriage. One of its essential requisites of marriage is
the legal capacity of the contracting parties who must be a male and a female. The
SC also noted that allowing a change of name by reason of a sex reassignment
surgery (sex change) will allow the union of a man with another man who has
undergone sex reassignment (a male-to-female post-operative transsexual).
Same-sex marriage may be allowed under exceptional circumstances. Art. 26
of the Family Code recognizes as valid in the Philippines those marriage
solemnized abroad and are valid there as such, except for marriages forbidden
under Art. 35(1), (4), (5) and (6) and Art. 36, 37 and 38 of the Family Code. The
argument makes sense because none of the provisions cited Art. 35(1), (4), (5)
and (6) and Art. 36, 37 and 38 of the Family Code prohibit same-sex marriage.
This might lead some couples to go abroad, perhaps New York or some other
states/countries that recognize same-sex marriage, and have it recognized here in
the Philippines.
However, the Family Code provides in no uncertain terms that the couple
must be a man and a woman. While a same-sex marriage is allowed in other

jurisdictions, it cannot be recognized here because it is contrary to law, public

order and public policy.
Same-sex marriage is against "natural law. Natural law dictates that a union
in marriage is only between a female and a male.
From the point of view of our culture, its impossible for quite some time.
The law lives within the culture and not the other way around.
Moreover, same-sex marriage also goes against "divine law," as dictated by
the Bible. The Catholic Church has a strong influence on our moral sense of right
or wrong, which is in our laws. Our laws have Catholic influence, which will be a
big opposition on same-sex marriage.
Therefore, same-sex marriage is impossible to be legalized in the Philippines
because it may not even be constitutional under Philippine laws. We cannot always
imitate what they do in America in terms of the law because they have different
legal minds. They have a different Constitution compared to ours. However, it may
only be allowed in the Philippines if the Constitution is amended.

Prepared by:

Eprilyne E. Yasuda