Gender Identity and Sexual Preference

In a field of study of Sociology, theres a distinction between Sex and Gender.

Sex refers to the biological traits the society used to assign to people and it
is only between male and female or sometimes, intersex while Gender is
referred to ones attitudes, feelings and behaviours that given person
associates with ones biological sex. There are gender normative, in which the
gender of the individual or the behaviour of an individual as regards his / her
gender is acceptable to and is compatible with cultural expectations while
Gender Non conformity refers to the behaviour as regards gender is
incompatible with cultural expectations.
Gender Identity and Sexual Preference are often mistakenly thought to mean
the same, however, an article providing for such made a distinction between
the two. Gender Identity refers to ones sense of self, it could either be
female, male or transgender, when ones gender identity and biological sex
are incongruent, they are considered as transsexual or transgender. While
Sexual Preference or Sexual Orientation refers to the sexual and romantic
attractedness to either opposite sex, or both sexes. 1

Sexual Determination and Differentiation

Sexual Determination refers to the initial event that determines whether the
Gonads will develop as testes or ovaries while Sexual Differentiation refers to
the subsequent events that ultimately produce either the male and female
phenotype. According to Aristotle, the heat of the male during sexual
intercourse determines the sex of the offspring.

Marriage
In a conjugal view, marriage is defined as a union between men and women
who make a permanent exclusive commitment to each other of the type that
is naturally fulfilled by bearing and rearing children. However, in a revisionist
view, they defined marriage as a union between two people, whether of the
1 The guidelines of Psychological Practice with Lesbian, gay, bisexual clients
adopted by APA Council Representatives February 18 20, 2011

same sex or opposite sex, who commit to romantically loving and caring for
each other and to sharing the benefits and burden of life. 2
In the Philippines, Marriage, as defined by law is a special contract of
Permanent Union between man and woman entered into in accordance with
the law of establishment of conjugal family life. It is the foundation of family
and an inviolable social institutions whose nature, consequences and
incidents are governed by law and not subject to stipulations. 3

Same Sex Marriage

Same sex marriage or gay marriage is one of the most controversial
marriage in the world. It is defined as a union of same sexes. This kind of
marriage is a ceremonial union between both same sexes, can either be
male to male or female to female.

There are several decisions abroad that decided in favour of same sex
marriage. In a decision of the Supreme Court of Vermont in the case of Baker
vs State cited in a journal by Hatzis, it states that The state constitutionally
required to extend same sex couples the common benefits and protection
that flow from marriage under Vermont Law. Whether this ultimately takes
the form of inclusion within the marriage laws themselves or a parallel
domestic partnership system or some equivalent statutory alternative, rest
with the legistlature.
According to Chief Justice Margaret Marshall of Massachusetts Supreme Court
The right to marry means little if it does not include the right to marry the
person of ones choice subject to appropriate government restrictions in the
interest of public health, safety and welfare , according to her The
obligation of the court is to define liberty of all, not to mandate the moral
code.

2 Girgis, S., George, R. P., & Anderson, R. T. (2011). What is Marriage? Harvard Journal of Law
and Public Policy, 34(1), 245287.

3 The Family Code of the Philippines, Article 1, 6 July 1987

According to Judge Richard Posner in his Published book as also cited in a

Journal by Hatzis Any person who wants marriage license has a strong
presumptive right to it regardless of how the person defines marriage. He
might be a man who wanted to marry his sister or a very mature 12 year old
boy who wanted to marry his 12 year old girlfriend and the like.
This decision of Judge Posners book write up essentially means that a person
can make decisions about his life only when he can identify individuals who
have been assigned rights to his life. 4
In a recent case of Obergefell vs Hodges, allows same sex couples or it
allows the recognition of marriage of same sex couples, the decision is
extracted from historical jurisprudence as well as the 14th Amendment.5
In the Philippines, there are no Jurisprudence yet as regards allowing the
union of same sexes, or same sex marriage however there are attempts on
asking the court to allow same sex marriage to be recognize here in the
Philippines, however, the said petition asking for such has been dismissed by
the court and the said petition has been asked to be dismissed by the Office
of the Solicitor General. According to the said petition, it seeks to annul
articles 1 and 2 of the family code as it seeks to prohibits a persons
constitutional right to liberty and equal protection clause. 6

4 To, A. T. H. (2005). T HE N EGATIVE L OVE S YNDROME AND THE by Bob Hoffman. Intellect,
814(1986), 120.

5 Supreme Court of the United States. (2015). Case of Obergefell et al. v. Hodges, Director,
Ohio Department of Health, et al. 576 Us _____, (14), 103. Retrieved from
http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf

6 Speqtrum Article: Solicitor General wants same Sex Petition to be Junked.