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“And there is the civil code, which states you can only marry a woman
for me, and for a woman to marry a man. That’s the law in the
Philippines.”
But he stressed: “Wherever God has placed you, stay there.” (The New
York Times) March 20, 2017 (Felipe Villamor)
"A homosexual union is not and can never be a marriage as properly understood and
so-called," the CBCP said in the statement posted on its website.
The case, which was filed by a gay lawyer named Jesus Falcis in 2015,
urges the court to declare the marriage restriction in the country’s
Family Code – which limits marriage to one man and one woman –
unconstitutional (Ryan Thoreson, 2018)
"Is it possible to love, to promise, to commit, to have children, to have intimate relations outside of
marriage?" Leonen asked during his interpellation of lawyer Jesus Nicardo Falcis III.
"Same-sex couples, just like opposite couples, can establish a conjugal and family life," he added.
(Falcis)
Falcis explained that under the 1987 Constitution, there are no gender restrictions when it comes to
marriage.
"Heterosexual couples may or may not marry but LGBT couples don't have the same choice," Falcis
said, noting that the Constitution provides that their rights should also be protected.
Falcis argued that these provisions violate homosexuals' right "to found a family" as protected
under Section 3 (1) of the 1987 Constitution.
"The 1987 Philippine Constitution does not define marriage solely as between man and
woman...The right of individuals, homosexual or heterosexual, to choose the person he or she
wants to have a relationship with and consequently have that relationship legally recognized with
all concomittant the rights and obligations is a private decision for individuals to make, not the
state," the petition read.\
Limiting the definition of marriage between man and woman is grave abuse of discretion, argued
Falcis, based on the following grounds:
- the 1987 Constitution does not define marriage as between man and woman;
- the Family Code does not require married individuals to procreate or have the ability to procreate;
- homosexuals are not ordinarily impotent, and not prohibited by law to adopt;
- gay individuals are human beings who can love another person just like straight individuals; and
- both gay and straight couples can enter into long-term relationships, and have the same chances of
breaking up.