Supreme Court tackles: Are same-sex couples family too?

‘Is there a statistical study that shows that heterosexual couples make better families?’ Associate Justice
Marvic Leonen asks Solicitor General Jose Calida

Lian Buan

@lianbuan

Published 5:24 PM, June 26, 2018

Updated 5:24 PM, June 26, 2018

SAME-SEX MARRIAGE. Justices of the Supreme Court led by acting Chief Justice Antonio Carpio hold oral
arguments on same sex marriage. Photo by Ben Nabong/Rappler

SAME-SEX MARRIAGE. Justices of the Supreme Court led by acting Chief Justice Antonio Carpio hold oral
arguments on same sex marriage. Photo by Ben Nabong/Rappler

MANILA, Philippines – The global battlecry for same-sex marriage is #LoveWins. Here in the Philippines,
the groups backing the same-sex marriage petition deviated from the popular hashtag to trend one of
its own, #WeAreFamilyToo.

It is intrinsically Filipino to put a premium on families. After all, the Constitution guarantees protection
of the Filipino family, to “strengthen its solidarity and actively promote its total development.”

On Tuesday, June 26, the Supreme Court devoted a good part of the oral arguments to ask this question:
are same-sex couples a family too?
The right to raise a child

Solicitor General Jose Calida argued that when it comes to marriage, same-sex couples do not enjoy the
right to equal protection of laws because there is a substantial distinction between same-sex couples
and straight couples, and that is the ability to procreate.

Right to equal protection of laws is limited, "substantial distinction" being a valid ground to limit such a
right.

Associate Justice Samuel Martires asked Calida: If marriage was intended for procreation, then why are
old couples who are unable to procreate still allowed to marry?