Legalizing same-sex marriage

Same-sex marriage, do you ever wonder why same-sex marriage is not legal in the Philippines
and other countries? If so, you should first know what is same-sex marriage, why should it be
legalized in our country? and why many people don’t agree about it. Same-sex marriage is the
practice of marriage between two men or between two women. Although same-sex marriage
has been regulated through law, religion, and custom in most countries of the world, the legal
and social responses have ranged from celebration on the one hand to criminalization on the
other. Is it wrong to love someone, regardless of whether it is a same-sex couple or not? And
why can’t they enjoy the benefits of being a married couple? After all, Marriage is recognized as
an international human right for all people.

There are over 18 countries that have legalized same-sex marriage. Some of the countries
included are Argentina, Belgium, Brazil, England, France, Iceland, Netherlands, New Zealand,
Portugal, Scotland, South Africa, and Spain. But the Philippines, on the other hand, are still in
endless discourse. Same-sex marriage is a very emotional issue for many people around the
world. But should the Philippines legalize same-sex marriage? Yes, the Philippines should legalize
same-sex marriage because it will help establish a social norm. A lot has fought for their rights
and equality. The blacks have already won their fight, as well as women seeking equal and fair
judgment. Now, the LGBT community, which continues to grow and supporters, are battling for
the same source. Each individual has a civil right to marry someone who they love including gays
and lesbians. But it’s not just about civil rights, LGBT wants acceptance. According to those people
who oppose the legalization, gay marriage would weaken the institution of marriage. But this
argument is not against gay marriage but against gays, because they believe that gays would
destroy the good. There are many countries that legalize same-sex marriage and it didn’t destroy
the institution of marriage and the good. Gay people who love each other and want to commit to
each other through marriage should be allowed in the same way as straight couples.
Homosexuals, maybe gay or lesbian, have been widely accepted by the majority in our generation
today. People have come to recognize the third sex and as time goes by, they have also accepted
same-sex relationships. But controversies and arguments arise when homosexuals started
proposing the idea of legalizing same-sex marriage also called gay marriage. Is it right in the eyes
of God, of society, and the law? This issue has been going on for many years. It has received a lot
of protestation and resistance since it contradicts the true meaning of marriage as a union
between man and woman. Though there have been few countries that already approved and
formally legalized same-sex marriage, still the Philippines like the other countries does not
recognize same-sex marriage. The conflict over same-sex marriage is not a simple one. It involves
many processes concerning legislative, cultural, religious, and family issues.

The majority of Filipinos are against legalizing same-sex marriage in the Philippines, the Social
Weather Stations (SWS) said in a survey released on the last day of Pride Month. At least 61
percent of respondents said they would oppose a bill that would legalize same-sex marriage in
the country. Among them, 44 percent said they strongly disagree while 17 percent said they
somewhat disagree. Some 22 percent, meanwhile, said they would support it, while 16 percent
said they were still "undecided," the survey showed. The SWS also said 74 percent of
respondents who were affiliated with the Iglesia ni Cristo and 70 percent of those from other
Christian denominations were against same-sex marriage. Among Muslim and Roman Catholic
respondents, 60 percent were opposed to same-sex unions, the survey showed. The survey
asked 1,200 respondents across the country whether or not they agree with the statement
"there should be a law that will allow the civil union of two men or two women." The survey
was done via face-to-face interviews from March 23 to 27. SWS did not mention the sexual
orientation of the respondents. It had sampling error margins of ±3 percent for national
percentages and ±6 percent each for Metro Manila, Balance Luzon, Visayas, and Mindanao. The
public poll came shortly after the Supreme Court concluded oral arguments on a petition
seeking to allow same-sex marriage in the Philippines. The plea was filed by lawyer Jesus
Nicardo Falcis III, "an open and self-identified homosexual,” who asked the court to invalidate
provisions in the Family Code of the Philippines that "define and limit marriage as between man
and woman. "Solicitor General Jose Calida opposed the petition and argued that the 1987
Constitution only allows the union between a man and a woman. The fight to legalize same-sex
marriage in the Philippines has always been put to uncertainty due to the dominance of
Catholic belief in the country and the legislation. But with President Rodrigo R. Duterte’s open
mind on the issue, the drive to push for its passage is back on course. Lawyer Jesus Nicardo
Falcis III, a self-identified gay man, said the Lesbian, Gays, Bisexual, Transgender (LGBT)
community counters the argument of conservative faith as they are pushing for legality more
than morality.“We have no legal rights for LGBT couples; on conjugal ownerships.
'Yung partners na nagsama for years, decades until death may naipundar na 'yun sila pero
pagka-namatay 'yung isa, sa mga kamag-anak na posibleng nagtakwil sa kanya pa ang
makakatanggap ng properties na nakapangalan sa kanya (Those who have been together for
years, decades until death have acquired properties together but in cases of one’s sudden
death, his relatives, who likely ostracized and despised him, are the ones receiving the property
in his name, not his partner),” he said during the Philippine News Agency’s Pros and Cons
episode on same-sex union. Under the law, in cases of death without the last will and
testament, the wife, ascendants, and descendants will receive the inheritance. But without any
marriage certificates to show, no matter how long a gay couple has been together and no
matter how much money the other person in the relationship has poured in for the property if
it is under the deceased name, they will not get any share. This is the same for SSS and GSIS
beneficiaries -- the primary is the legitimate dependent spouse, secondary are parents. Initially,
the lawyer insisted on a revisitation of the Family Code's limit of marriages to heterosexual
couples. But through time, Congress resorted to another solution to address the issue since
marriage, according to the Constitution, is inviolable. It is also the main argument of those who
oppose the proposal. Bataan first District Representative Geraldine Roman, the country's first
transwoman legislator and a supporter of the same-sex civil union bill, has said that the only
difference between a civil union and marriage is that marriage has a "religious connotation".
House Bill 6595, which legalizes civil unions and was filed by former Speaker Pantaleon Alvarez
at the House of Representatives, is the better option. Roman said they have all been advocating
for this. The same-sex civil union has Duterte's nod because it "fixes the different aspects of the
union of those of the same sex," said former Palace spokesperson, lawyer Harry Roque. (PNA)
Legal Rights Protection, one of the most useful advantages of legalizing marriage is the
protection it gives the couple when it comes to health care, finances and taxes. Before, two
people who are cohabitating and in a homosexual relationship living as couples are not given
the security of protecting what both have them earned and saved together. If a partner dies,
the surviving lover does not have the right to the property under the name of the deceased
even if both of them have paid for the property. With the legalization of gay marriage, they are
now considered by the state they live in as legally married so they now can enjoy tax breaks
given to heterosexual married couples and are entitled to become heirs to their spouses. This
also includes signing documents together as a couple and opening joint accounts and
purchasing properties together. Possibility of Tax Increase, with the tax benefits to be given to
surviving legal partners, can be added expense for the government. Some people are thinking
that with the legalization of same-sex marriage and the increase in tax benefits, the
government will be prompted to raise taxes in order to afford these added expenses.

Gives Right to Start a Family, There have been lesbian and gay couples who want to start a
family and have their own children. Before, this was not allowed and looked at negatively by
society. If ever one partner already has children, the other partner does not have the right to be
an adoptive parent or if ever, the process does not work in their favor and takes years to be
completed. With the legalization, gay couples can now adopt children just as straight couples
can. They can even have children of their own through in vitro fertilization or by getting
surrogate mothers or sperm donors. Affects Child Development, Even if gay parents are allowed
to adopt or have children, having two parents of the same sex might not be healthy or what’s
best for the children involved. These kids need both a father and a mother image to have a
balance and normal childhood. Gender roles can be hard to play especially if biological and
physical aspects are the issue. If a boy grows up with two women, with the other one playing
the role of the father or both playing the role of mothers, father image will be lacking and the
couple cannot answer questions typically asked by boys to fathers, say, the physical changes in
the body. The same goes for girls living with two-male parents.

The issue of same-sex marriage is complicated. It involves many processes concerning legislative,
cultural, religious, and family issues. Many people disagree about the same-sex couple, because
of the Philippines ’ culture and religious beliefs, the government needs to consider all of the
possible consequences and aspects when it comes to legalizing same-sex marriage, even there
are some laws provided by the government for the rights of same-sex couples, we can’t deny the
fact that gay people who love each other and want to commit to each other through marriage
should be allowed in the same way as straight couples.
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2020, https://www.britannica.com/topic/same-sex-marriage. Accessed 13 March 2022.

Koppelman, A. (1996). Same-Sex Marriage and Public Policy: The Miscegenation Precedents. Qlr, 16,
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And-Cons-Of-Same-Sex-Marriage-PCRJ29GY3XU

ABS-CBN News. (2018, June 30). 61 PCT of Pinoys against legalizing same-sex marriage:
SWS. ABS. Retrieved March 13, 2022, from https://news.abs-cbn.com/news/06/30/18/61-pct-of-
pinoys-against-legalizing-same-sex-marriage-sws

Cudis, C. (2019, July 5). Marriage is a legal, not moral issue: Lawyer. Philippine News Agency.
Retrieved March 13, 2022, from https://www.pna.gov.ph/articles/1073817

Miller, K. (2017, January 14). 9 advantages and disadvantages of gay marriage.

FutureofWorking.com. Retrieved March 13, 2022, from https://futureofworking.com/9-
advantages-and-disadvantages-of-gay-marriage/