Fajardo, Lea Joy D.

May 21, 2021

STEM 12 Y1-1P Position Paper

Marriage: Is it Only for a Man and a Woman?

For many years now, the institution of marriage in the Philippines, which states that a man

can only marry a woman, has been one of the leading controversial topics in the country. The

Philippines is predominantly a Christian country, with over 80 percent of the population are Roman

Catholic (Lipka, 2020). Christians consider morals derived from the Holy Bible in legislating laws,

nurturing a man and woman relationship. However, with the rising trend of homosexuality and the

LGBTQ+ community, the campaign to legalize same-sex marriage in the Philippines ignites, and

the controversy “Should homosexual marriage be legalized?” becomes more relevant. It is, in fact,

already legalized and recognized in several countries, including the Netherlands, United States,

Argentina, Canada, Mexico, New Zealand, and even in South Africa and Spain (McCarthy, 2020).

The legal recognition of same-sex marriage allows them to acquire numerous rights, protections,

and equality that only legally married couples could have (Guillen, 2015). However, because of

the strong influence of the church in the Philippines, debates about the right to marry are

continuously arising over the years. Nevertheless, marriage should not be enclosed for a man and

a woman relationship only because we must also accept and recognize the same-sex relationship.

Several people, mainly those with strong religious beliefs, would argue that marriage

should only be between a man and a woman. This point of view makes sense according to the Holy

Bible as said in Genesis 2:24: "Therefore a man leaves his father and his mother and cleaves to his

wife, and they become one flesh." Christians believe that the uniting of one flesh is marriage and

can only be the union of a man and a woman. It is, then, dictated by the Family Code of the
Philippines, limiting marriage to a union of a man and a woman (Executive Order No. 209).

However, this argument is just a matter of religious beliefs and nothing but a Filipino social

construct, demanding marriage to be only between opposite-sex that in some way discriminates

the rights of the LGBTQ+ population. As argued by Lawyer Jesus Nicardo Falcis III, he states that

parts of the Family Code violate the same-sex couples' rights to found a family and deprive them

of the right to marry as protected under the 1987 Constitution (ABS-CBN News, 2018). Although

the Supreme Court of the Philippines already dismissed the petition to legalize marriage between

same-sex couples reported by the Catholic News Agency (2020), there are still risks that limiting

marriage for a man and a woman would lead to inequality and discrimination.

One reason marriage should not only be bounded by a man and a woman relationship is

that same-sex couples also have the right to marry legally. Same-sex marriage is a human right

that should be respected, just like traditional heterosexual marriages. The right of the individuals

to choose the person he or she wants to have a relationship with is a decision for individuals to

make, not the state nor the church. This form of marriage protects the legal rights of gay couples,

allowing them to acquire the well-deserved opportunity for equality. According to Attorney

Guillen (2015), there are numerous rights, benefits, and protections available to legally married

couples, regardless of whether they are same-sex or opposite-sex couples. These include, but are

not limited to, social security, taxation and inheritance rights, access to family health coverage,

and employment benefits. However, without any legal marriage certificates to provide, no matter

how long a gay couple has been together, they cannot inherit any share under the deceased spouse’s

name. Nevertheless, it is not a matter of money or inheritance, but a matter of sharing what they

have with their partner. These facts stand that everyone should have the same rights whether or

not they are straight.

 Another reason marriage should not be limited for a man and woman is that if same-sex

marriage is legalized, same-sex couples would have the right to start a family and raise children

by adopting. Attorney Heinig (2020) stated that same-sex partners could easily foster a child if

their marriage is legalized and fully recognized by their country. Some people might say, for

instance, that children need both a mother and a father to raise them. However, many others believe

that gender does not matter when parenting. According to the statistical study conducted by

Goldberg and Conron (2018), over 114,000 same-sex couples are raising an adopted or foster child

in the United States, and it is rising tremendously. This concludes that legalizing same-sex

marriage would further increase adoption rates and, at the same time, would benefit children who

live in orphanages to have a better home. Therefore, these facts stand that same-sex couples

deserve opportunities of having equal benefits and legal rights, a heterosexual couple could have.

In conclusion, marriage should not be bordered by the walls of tradition that a man can

only marry a woman, and same-sex marriage must be legalized. Having a relationship with same-

sex is not a sin but a reality. Thus they should be respected and given equal rights by the laws in

our country. Moreover, the Supreme Court of the Philippines is recommended to reconsider the

petition to legalize same-sex marriage in our country. The Philippine government should also

demonstrate a political will to push through the legislation to protect the rights of the country’s

LGBTQ+ population to promote equality. Furthermore, Filipinos are encouraged to support same-

sex marriage legislation and sign petitions, if ever reconsidered by the Supreme Court. With these

possible solutions in hand, our society could attain equality and fair rights to all humankind,

regardless of gender.
References:

ABS-CBN News (2020. SC Junks Same-Sex Marriage Petition ‘with finality’. Retrieved from
https://news.abs-cbn.com/news/01/06/20/sc-junks-same-sex-marriage-petition-with-finality

Catholic News Agency (2020). Supreme Court of the Philippines rejects petition to legalize same-
sex marriage. Retrieved from https://www.catholicnewsagency.com/news/43206/supreme-court-
of-the-philippines-rejects-petition-to-legalize-same-sex-marriage

Goldberg, S. & Conron, K. (2018). How Many Same-Sex Couples in the US are Raising Children.
Retrieved from https://williamsinstitute.law.ucla.edu/publications/same-sex-parents-us/

Guillen, L. (2015). Federal Marriage Benefits Available to Same-Sex Couples. Retrieved from
https://www.nolo.com/legal-encyclopedia/same-sex-couples-federal-marriage-benefits-
30326.html

Heinig, M. (2020). Gay and Lesbian Adoptation and Parenting. Retrieved from
https://www.nolo.com/legal-encyclopedia/gay-lesbian-adoption-parenting-29790.html

Lipka, M. (2015). 5 facts about Catholicism in the Philippines. Retrieved from

https://www.pewresearch.org/fact-tank/2015/01/09/5-facts-about-catholicism-in-the-philippines/

McCarthy, N. (2020). Where Gay Marriage is Legal. Retrieved from

https://www.statista.com/chart/3594/the-countries-where-gay-marriage-is-legal/

Official Gazette of the Republic of the Philippines (n.d). Executive Order No. 209, s. 1987 The
Family Code of the Philippines. Retrieved from
https://www.officialgazette.gov.ph/1987/07/06/executive-order-no-209-s-1987/
 English for Academic and Professional Purposes
Performance Task

POSITION PAPER
(Rubric)
CATEGORY QUALIFICATIONS POINTS
The introductory paragraph has a strong hook or attention grabber
Attention that is appropriate for the audience. This could be a strong
10
Grabber statement, a relevant quotation, statistic, or question addressed to
the reader.
Focus or The thesis statement clearly names the topic of the essay and
Thesis outlines the main points to be discussed. The author's position is 15
Statement strongly and clearly stated.
Includes 3 or more pieces of evidence (facts, statistics, examples,
Support for real-life experiences) that support the position statement. The
15
Position writer anticipates the reader's concerns, biases or arguments and
has provided at least 1 counter-argument.
All of the evidence and examples are specific, relevant and
Evidence and
explanations are given that show how each piece of evidence 15
Examples
supports the author's position.
Arguments and support are provided in a logical order that makes it
Sequencing 15
easy and interesting to follow the author's train of thought.
Writing Piece is clearly written with no grammar, spelling, punctuation, or
15
Mechanics capitalization errors.
The conclusion is strong and leaves the reader solidly
Closing understanding the writer's position. Effective restatement of the
15
Paragraph position statement begins the closing paragraph and is followed by
an effective summary of the essay body.
Total: 100

Based from the rubric of: https://www.scholastic.com/content/dam/teachers/lesson-plans/migrated-

featuredfiles/persuasiveessay.pdf

NOTE: Please attach this file with your output before submission.

Prepared by:

JOHM JOSHUA B. MEDALLADA, LPT