LIBRES, CEDRIC MATTHEW N.

BSCRIMINOLOGY2

LEGALIZATION OF SAME SEX MARRIAGE IN THE PHILIPPINES

Introduction

Giving gays and lesbians legal marriage rights would jeopardize the stability of

the family, a pillar of our society. Should society promote traditional values and forms of

family life? Should employees with domestic partners be eligible for benefits? Should

we accept discrimination against gays and lesbians in the workplace or in housing?

Should we grant gay and lesbian couples the same rights as heterosexual couples,

such as the right to marry, adopt, and receive benefits? Bautista (2017) stated that

marriage is understood in the Philippines as a special contract of permanent union of a

man and a woman, and the foundation of the family, the nature, consequences, and

incidents of which are governed by law.

In the late twentieth century, debates about the legalization of same-sex

marriage became widely publicized due to Christianity's strong opposition, which views

it as morally wrong. Herrera (2020) also opposed to this idea of same sex marriage and

stated that, when it comes down to it, Asia's Catholic stronghold does not appear to be

ready for the next step toward total LGBTQI+ rights, particularly when it comes to same-

sex marriage. In addition to his statement, as a result, civil unions were created as a

way of legally recognizing a union between two same-sex partners with nearly all of the

rights of marriage. Civil unions, widely regarded as the first step toward same-sex

marriages, are gaining traction in the Philippines after Speaker of the House of
Representatives Pantaleon Alvarez introduced legislation in 2017 to legalize civil unions

for same-sex and opposite-sex couples.

It has come to the extent that this has been considered a problem. Being denied

the right to marry adds to the stigma of having a minority sexual identity. Lesbian and

gay couples have relationship satisfaction levels that are comparable to or higher than

heterosexual couples, according to empirical studies. Researchers discovered that

living in a state where same-sex marriage is illegal can result in chronic social stress

and mental health issues. Many research studies has already been done regarding this

matter. This study will be able to answer questions relevant to the issue which may also

help other researchers seek answers to their undying curiosity.

Body

In a study conducted by Conde (2017), it was stated that, during last year’s

presidential election campaign, Duterte said he was open to the idea of having this

legalized but he still have different views about this. In addition, the remark boosted

Duterte's popularity among lesbians, gays, bisexuals, and transgender (LGBT) people

and bolstered his reputation as a politician who values LGBT rights. Speaker of the

House of Representatives Pantaleon Alvarez, a close ally of Duterte, responded by

pledging to support same-sex marriage legislation. It was reintroduced in 2019, with

Senators Risa Hontiveros and Grace Poe supporting it. However, Senators Tito Sotto

and Manuel Pacquiao, both outspoken opponents of same-sex marriage, have

announced their intention to filibuster the bill if it passes the House and reaches the

Senate.

The Supreme Court's recent dismissal of a petition for same-sex legalization in

the Philippines is perhaps the furthest same-sex legalization has progressed in the

Philippines. According to the high court's notice, the petition to allow same-sex marriage

in the Philippines was rejected with finality because "no substantive reasons were made

to justify the reversal of the challenged decision." According to SC Clerk of Court Edgar

Aricheta in 2015, the SC will not consider any more pleadings or motions on the issue,

but the petition's denial does not mean that same-sex marriage in the Philippines is

dead. In reality, it may be the start of a new fight for the LGBTQI+ community to be able

to marry legally. In other words, legalizing same-sex marriage in the Philippines could

be better accomplished by Congress.

According to Buan (2018), the Falcis petition seeks to have the Family Code

clauses that restrict marriage to a man and woman only declared unconstitutional,

ostensibly because they violate the constitutional right to fair protection of the laws. The

plan seemed to be to fight one war at a time. Same-sex marriage will be legal until the

new anti-discrimination legislation is enacted. Given the opposition to civil unions in the

Senate, it's easy to imagine how conservative and Christian lawmakers in the

Philippines would respond to same-sex marriage.

Herrera (2020) also stated that there's no denying that the Philippines'

unmistakable Catholicism is at the root of the country's current lack of same-sex

marriages. However, in the last two decades, a number of Catholic countries have

allowed same-sex marriage. Although Pope Francis has confirmed several times that
homosexuality is not a sin and that LGBTQI+ people should be treated with compassion

rather than punishment, the Catholic Church's leader continues to oppose same-sex

marriages. Ochoa (2016) supported this statement by saying that due to the influence of

religion in this predominantly Catholic country, where it is frequently presented as a

morality issue, same-sex marriage in the Philippines remains a highly contentious issue.

Nonetheless, further research into the psychological underpinnings of this religious

influence is also required.

Conclusion

Allowing same-sex marriage in the Philippines would allow gays and lesbians to

marry the person they love while also strengthening everyone's rights. From the

standpoint of human rights, extending civil marriage to couples of the same sex

demonstrates a commitment to the fundamental rights of equality and

nondiscrimination. It should be written into Philippine law. However, there are

circumstances that should be considered upon allowing this to happen. There are many

people will be contradicting this idea as they may see this as an immoral act to

Christianity.

To claim the Catholic world is fragmented is an underestimate, but progress in

legalizing it has been made around the world. It will certainly be years before same-sex

marriage is legalized in the Philippines, but if Falcis' case has progressed this far, who

knows how far the cause will advance in 2020 and beyond. Allowing same-sex couples

to marry fit with the advancement of human rights for others, although it went against
the values of others, and this dictated their civility and how they treated same-sex

couples wishing to marry.

The anti-gay marriage essay should point out that profoundly rooted antipathy

toward homosexuals, as well as the negative repercussions of revealing homosexual

orientation, result in people who have discovered their own feelings having an identity

crisis. Some people survive the hurricane, while others die, and many more suffer from

the stigma's trauma for years. Some of them despise themselves and want to "cure"

themselves. Different sexuality of personality is formed as unique life experiences

combine with unique biological capabilities. The scope of these experiences, as well as

the infinite diversity of human experience, explains why no one has yet found the

"cause" of homosexuality. This issue about the legalization of same-sex marriage in the

Philippines must be then be talk about since many are in the verge of fighting for their

equal rights. Nonetheless, this by chance must be carefully done by the Government

since by just a snap, this may also cause major conflict.

References
Bautista, M. (2017). Same-Sex Marriage Thesis. Retrieved from
https://www.scribd.com/document/344248367/Same-Sex-Marriage-Thesis
Buan, L. (2018). Your guide to the Supreme Court oral arguments on same-sex
marriage. Retrieved from https://www.rappler.com/nation/supreme-court-same-
sex-marriage-oral-arguments-guide
Conde, C.H. (2017). Philippines Should Adopt Same-Sex Marriage. Retrieved from
https://www.hrw.org/news/2017/03/20/philippines-should-adopt-same-sex-
marriage
Herrera, F. (2020). A Rundown on the History of Same-Sex Marriage in the Philippines.
Retrieved from
https://www.esquiremag.ph/politics/news/same-sex-marriage-in-the-philippines-
a2292-20200107
Ochoa, D. (2016). A Bond Between Man and Woman: Religiosity, Moral Foundations,
and Same-Sex Marriage Attitudes in the Philippines. Retrieved from
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