Fighting the odds

“We Also Play A Role, We Are Here, We Exist”

Gemuel Santos

Does gender really count when it is love we are talking about? Does gender really affect
the quality of love? I thought love was blind? What definition of love are we even entertaining in
our minds? Can’t two identical genders love each other? Why is society so exercised to oppose
it?

There was once an event when I met someone, we were talking about something when he
brought up a girl into the conversation. He said the girl was pretty. And me being myself, I
replied “What is the use of beauty if the person is stupid?” he replied that the girl was intelligent,
nice, and funny. I said, “I doubt it, even if that person is intelligent I am certain that my
intelligence is superior, I am also very nice, and my sense of humor is out of this world”. He
agreed to what I said, but what he said next triggered every fiber of my existence. “You may
have all that, but she is a woman, so… you lost.” Do you know the feeling when you were
walking down the street and suddenly someone you don’t know slapped you very hard? That’s
how I felt when I read that. The conversation went on, and as I was triggered, I remarked “How
and when did I lose?” His reply to that was “At the moment when you were born with a male
reproductive organ.” As an intellectual person, that statement opened my eyes. As a student of
social science, it made me realize that a part of the society is still unwelcome of same-sex
relationships. As for myself, I was deeply saddened by it.

We have heard of this countless times “The Philippines is one of the most gay-friendly
countries in the world.” In an idealistic manner that could have been true. But in this reality
without filters nor sugarcoating words, a lot of people, most especially those in the LGBTQ+
community, know that our country is more tolerant than accepting. As a matter of fact, our
country ranked 117th in the Spartacus Gay Travel Index 2021, which is meant “to inform
travelers about the situation of lesbian, gay, bisexual, and transgender (LGBT) people in 197
countries and regions.” This also scored each country based on measures like trans gender rights,
the existence of anti-gay laws, and same-sex marriage.

The debate on same-sex marriage has been long going. It has always been controversial
because of our country’s predominantly catholic religion. It goes without saying that our
country's Catholicism is responsible for the current lack of same-sex marriage. However, looking
outside the box, a number of Catholic countries have legalized same-sex marriage within the past
decades, namely: Belgium in 2003, Portugal and Argentina in 2010, Brazil and Uruguay in 2013,
Ireland in 2015, Colombia in 2016, and Ecuador and Taiwan in 2019. These countries are just
some of the places where same-sex marriage is legalized. In addition, even Spain acknowledged
a bill that states “Matrimony shall have the same requirements and effects regardless of whether
the persons involved are of the same or different sex,” this bill became a law in 2005 finally
giving LGBTQ+ community members in the said country, the right to matrimony. It is very
ironic that the very same country which introduced Catholicism to the Philippines in the 15th
century, legalized same-sex marriage and we are not.

The Philippine law and same-sex marriage. If the Bible is one of the sources of
catholicism, then the constitution is the bible of all legal laws. The constitution of the Philippines
is the supreme law of the land as of 1987. Themes of peace and equality recur throughout the
document. It is also crucial to follow international law. Nuclear weapons of any type are
prohibited on the Philippine islands, and the state has the authority to pursue international ties
with other states. The constitution is also intended to establish government authority and
safeguard the Filipino people's welfare. Democratic institutions, such as universal voting rights
for persons aged 18 and up, have been established. The judicial, executive, and legislative
departments of government are also present.

The Filipino people have some liberties, such as the right to be safe and secured. As
stated in Article III, Section 2 of the Philippine Bill of Rights, due process of law, freedom of
speech, and private property rights are among the other liberties protected. In all functions,
civilian power outweighs military authority, according to the constitution.

Based on the Philippine Constitution, as supplied by The Lawphil Project, the Philippine
Constitution is intended to establish a just and compassionate society based on the Filipino
people's beliefs and ambitions. In addition, the constitution establishes national sovereignty over
the whole Philippine archipelago.

In layman's words, the Philippine constitution is a supreme and superior piece of

legislation that gives succinct summaries of laws.

While some argue that the Philippine constitution forbids same-gender marriage, this is
not the case. In a DZMM TeleRadyo segment titled "Same-sex marriage at civil union: Ano ang
pagkakaiba?" it is that although same-sex marriage is not specifically mentioned in the
constitution, and it does only says in the Article XV titled The Family, section 1 "The State
recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its
solidarity and actively promote its total development." and marriage is only defined in section 2
as an “inviolable social institution, is the foundation of the family and shall be protected by the
State.” The constitution makes no mention of marriage being solely between men and women.
However, the conflict resides in the Family Code of the Philippines, namely: articles 1, and 2 of
Chapter 1, Requisites of Marriage under Title I Marriage; article 46, paragraph 4 of Chapter 3,
Void and Voidable Marriages; and article 55 paragraph 6 of Title II Legal Separation.
 Article 1 states that “Marriage is a special contract of permanent union between a man
and a woman entered into in accordance with law for the establishment of conjugal and family
life. It is the foundation of the family and an inviolable social institution whose nature,
consequences, and incidents are governed by law and not subject to stipulation, except that
marriage settlements may fix the property relations during the marriage within the limits
provided by this Code.” and article 2 states that “No marriage shall be valid, unless these
essential requisites are present: (1) Legal capacity of the contracting parties who must be a male
and a female.” These two articles limited marriages between men and women. While Article 46
(4) states that “Any of the following circumstances shall constitute fraud referred to in Number 3
of the preceding Article: (4) Concealment of drug addiction, habitual alcoholism or
homosexuality or lesbianism existing at the time of the marriage. No other misrepresentation or
deceit as to character, health, rank, fortune, or chastity shall constitute such fraud as will give
grounds for action for the annulment of marriage.” Article 55 (6) mentions that “A petition for
legal separation may be filed on any of the following grounds: (6) Lesbianism or homosexuality
of the respondent,” These other two articles states that lesbianism or homosexuality can be
grounds for annulment and legal separation.
Several House bills have been introduced to alter the Philippine Family Code. House Bill
4269, introduced by Bohol Rep. Rene Relampagos in 2011, seeks to legitimize same-sex
marriages done abroad. Former House Speaker Pantaleon Alvarez introduced HB 6595 in 2017,
which would establish civil partnerships and provide same-sex couples with "all benefits and
protections as are granted to spouses in a marriage," such as the ability to jointly adopt, inherit
property, obtain tax benefits, and share health and pension benefits. The Congress conducted a
poll on its website to determine whether Filipinos support or oppose same-sex marriage. And it’s
important to note that 61 percent of Filipinos opposed it. This is also despite claims that the
Philippines is a gay-friendly country.

The LGBTQ+ community doesn’t want any special treatment. They only want the rights
they deserve for being humans. Remember that when scientists discover new organisms, species,
and discoveries, we acknowledge them, because they play a role in our society, we acknowledge
them because they are here, and we acknowledge them, simply because they exist right in front
of our eyes.

Thus, let us not be bound by the norms and fight for what we truly deserve!