“Perspective on Civil Union for Same Sex Couple"

CHAPTER II

RELATED REVIEW LITERATURE

This chapter is confronted with well-discussed relevant literature and studies on the broad
topic that the researcher’s considering the importance of the study. Whereas synthesis helps
to utterly understand the research comprehensiveness of the chosen study.

This status may be granted exclusively to same-sex couples, equally to both same-sex and
heterosexual couples, or to all same-sex and some heterosexual couples, depending on the
jurisdiction. Domestic partnerships allowed both same-sex and heterosexual couples to
commit to more limited rights and obligations toward one other (in some U.S. states, for
example, heterosexual domestic partnerships have been restricted to couples in which one
spouse is over a specific age). As a result, even while phrases like "civil union," "domestic
partnership," and "registered partnership" are frequently used interchangeably, their meanings
might vary greatly depending on the state. While heterosexual couples do participate in these
types of officially recognized nonmarital partnerships, the majority of couples that do so do
so because marriage itself is not legally available to them. The legal recognition of same-sex
partnerships or same-sex marriage. Only few countries are agree for this matter between
gender, They are also some countries who are disagree between same sex marriage.

Throughout history, philosophers have offered a variety of perspectives on same-sex

relationships and their place in society. Some philosophers have argued that same-sex
couples should have the same rights and protections as heterosexual couples, while others
have maintained that marriage should be defined as a union between one man and one
woman.

In recent decades, there has been a growing movement for same-sex marriage equality. This
movement has been supported by a number of philosophers, who have argued that same-sex
couples deserve the same legal recognition and social acceptance as heterosexual couple. One
of the most prominent philosophical arguments in favor of same-sex marriage is based on the
concept of equality. Philosophers such as Judith Butler and Martha Nussbaum have argued
that “ all people should be treated equally under the law, regardless of their sexual orientation
“ Another philosophical argument in favor of “ Same-Sex Marriage is based on the concept
of love “

Philosophers such as Harry Frankfurt and Robert C. Roberts have argued that “ Love is the
central feature of marriage, and that same-sex couples are just as capable of loving each other
as heterosexual couples “ They argue that denying same-sex couples the right to marry is an
insult to their love and commitment to each other. The debate over same-sex marriage is
complex and multifaceted. There are a number of philosophical arguments on both sides of
the issue. However, the growing consensus among philosophers is that same-sex couples
should have the same rights and protections as heterosexual couples, including the right to
marry

Most likely in the Philippines, a nation where same-sex marriages are not currently
recognized by law. Nonetheless, in recent years, there have been multiple attempts to
establish legislation of this kind. where the Philippine House of Representatives received
House Bill 6595 in 2017. The law would have given same-sex couples all the privileges and
rights afforded to married couples, including the ability to adopt children, inherit property,
and make decisions regarding their mutual health. Nevertheless, the House of Representatives
failed to pass the bill.

Senate Bill 449 was submitted to the Philippine Senate in 2022. The law would have
acknowledged civil partnerships between individuals of the same sex and those of the other
sex. However, the bill is still pending in the Senate.

MANILA, Philippines — For Sen. Robinhood Padilla, it is “high time” for the Catholic-
majority Philippines to start giving same-sex couples the same rights married straight couples
have long enjoyed under the country’s laws. “It is high time that the Philippines provides
equal rights and recognition for couples of the same sex with no prejudice as to sexual
relationships are protected and recognized and given access to basic social protection and
security,” Padilla said in the explanatory note of Senate Bill No. 449.

In the Philippines, there is growing public support for same-sex civil unions. A number of
advocacy groups are attempting to make same-sex marriages legal in the Philippines. These
organizations contend that civil unions would provide same-sex couples the respect and legal
rights they are due. Additionally, they contend that in the Philippines, civil unions will
support the advancement of equality and nondiscrimination.

In order to grant same-sex couples the same legal protections that married heterosexual
couples have long enjoyed, the Padilla and Herrera-Dy initiatives aim to institutionalize civil
unions for them.. “It aims to be a landmark effort to provide civil rights, benefits and
responsibilities to couples previously unable to marry by giving them due recognition and
protection from the State,” Herrera-Dy said in the explanatory note of House Bill No. 1015.

Herrera-Dy had filed the same measure in the 18th Congress. The party-list lawmaker’s
measure never passed the population and family relations committee. It was first introduced
in the 17th Congress by Alvarez who, by virtue of his being House speaker, managed to rally
lawmakers behind it. Still, this was not enough for the measure to pass the chamber as it got
stuck in the women and gender equality panel. Bills seeks to give some rights that married
straight couples have, especially over property, have been filed by Sen. Imee Marcos in the
18th Congress and Rep. Edcel Lagman (Albay) in the 16th Congress, but these too never
passed the committee level. In the 14th Congress, then Sen. Miriam Defensor-Santiago filed a
bill seeking to exempt same-sex marriages solemnized abroad from the prohibition against it
in the Family Code, but this also did not hurdle the committee level. Which evolve more
current proccessing towards this issue. Currently, it is stated that the bill are under processing
to seek equality and social rights to engage this new gender, This way they can expessing
their rights to engage this social comittment.

RELATED STUDIES

Civil rights, guarantees of equal social opportunities and equal protection under the law,
regardless of race, religion, or other personal characteristics. Civil rights are an essential
component of democracy; when individuals are being denied opportunities to participate in
political society, they are being denied their civil rights. In contrast to civil liberties, which
are freedoms that are secured by placing restraints on government, civil rights are secured by
positive government action, often in the form of legislation. Civil rights laws attempt to
guarantee full and equal citizenship for people who have traditionally been discriminated
against on the basis of some group characteristic. When the enforcement of civil rights is
found by many to be inadequate, a civil rights movement may emerge in order to call for
equal application of the laws without discrimination. Members of the movement may also
engage in identity politics.

Civil rights must be given and guaranteed by the power of the state. Therefore, they vary
greatly over time, culture, and form of government and tend to follow societal trends that
condone or abhor particular types of discrimination. the civil rights of the lesbian, gay,
bisexual, transgender, and queer (LGBTQ). The rights movement made some major gains in
the late 1990s and early 2000s. Some states allowed same-sex marriage, and others granted
benefits to same-sex civil partnerships, but at the beginning of the 21st century the majority
of the U.S. population opposed same-sex marriage. Moreover, some social conservatives in
the U.S. and other countries demanded a constitutional amendment banning same-sex
marriage.

Almost all countries actively deny civil rights to some minority groups. Because civil rights
are enforced by countries, it is difficult to establish an international standard for civil rights
protection, despite the efforts of international governance bodies such as the United Nations.

Gaining perspective about Civil Union in Same-sex marriage grow more attention towards
the proponents of same sex marriage belief that same-sex couples have the same right to
marry as opposite-sex couples. They argue that same-sex marriage is a matter of fundamental
fairness and equality. They also argue that same-sex marriage benefits society as a whole by
promoting social stability and strengthening families. Just like how these philosopher’s belief
that according to John Stuart Mill: Mill, “ a proponent of individual liberty, argued that
consenting adults should have the freedom to form relationships regardless of their gender. “
While Martha Nussbaum: Nussbaum, a philosopher of love and justice, has defended same-
sex marriage based on the idea that “ Love is a fundamental human good that should be
recognized and supported. “ Also Judith Butler: Butler, a feminist and gender theorist, has
challenged traditional notions of marriage and argued for the recognition of diverse forms of
family relationships

As of 2023, same-sex marriage is legal in 32 countries around the world. In addition, same-
sex marriage is legal in all 50 states in the United States. Pursuing the legalization of same
sex marriage is a significant step forward for LGBT rights. It is likely that more and more
countries will legalize same sex marriage in the years to come.
Same-sex marriage is a complex and controversial issue. Its a matter of fundamental fairness
and equality, and it is important to continue to fight for the rights of all people to marry the
person they love. There are strong arguments on both sides of the debate. However, it is
important to remember that same-sex couples are just like any other couples. They deserve
the same rights and protections under the law.

THEORITICAL FRAME

" SOCIAL CONSTRUCTIONISM "

Social constructionism is a theory of knowledge that holds that characteristics typically

thought to be immutable and solely biological—such as gender, race, class, ability, and
sexuality—are products of human definition and interpretation shaped by cultural and
historical contexts (Subramaniam 2010). As such, social constructionism highlights the ways
in which cultural categories—like “men,” “women,” “black,” “white”—are concepts created,
changed, and reproduced through historical processes within institutions and culture.

" SOCIAL CONTRACT THEORY "

John Locke's social contract theory proposes that individuals surrender some of their
freedoms to society in exchange for protection and the benefits of living in a civil society. In
the context of same-sex civil unions, this theory suggests that same-sex couples, like
opposite-sex couples, are willing to enter into a legal contract with the state in exchange for
the rights, benefits, and recognition

“ INTERSECTIONALITY THEORY “

Intersectionality theory emphasizes that individuals experience the world through the
intersection of their multiple identities, such as race, gender, sexual orientation, and class. In
the context of same-sex civil unions, intersectionality theory suggests that the experiences
and perspectives of same-sex couples may vary depending on their intersecting identities, and
that
CHAPTER III

METHODOLOGY

This chapter provides an overview of the research methods used in the study. The researchers
describe the research design that was used for this study. Researchers also include where the
study will be conducted and who will be the respondents for this research. The instrument
used for data collection is also described, as are the procedures that were followed to carry
out this study. The researchers also discuss the methods they used to analyze the data.

Research Design

The researchers will use a qualitative research design, a social issue type of study, to
determine the perspective of people on civil unions in same-sex couples. The method
investigates the everyday experiences of how people's perspectives are affected by these
social issues. The research design will aid researchers in determining how data will be
collected and analyzed. Furthermore, the researcher’s goal in employing this social issue as a
research design is to provide more objective study and information in a way that readers can
easily understand. The study will strive to gather ideas on how people's perspectives change
towards civil unions among same-sex couples through the use of questionnaires distributed to
the respondents involved in the study.
REFERENCE

CHAPTER II

Cunninghan, M. (2007, December 3). Civil Union | Same-sex Marriage, LGBT, Equality.
Encyclopedia Britannica. Retrieved November 30, 2023, from
https://www.britannica.com/topic/civil-union

Hamlin, R. (2023, November 17). Civil Rights | Definition, Types, Activists, History, &
Facts. Encyclopedia Britannica. Retrieved November 30, 2023, from
https://www.britannica.com/topic/civil-rights

Team, C. (2023, October 7). Social Justice. Corporate Finance Institute. Retrieved November
30, 2023, from https://corporatefinanceinstitute.com/resources/esg/social-justice

J. (2016, January). Contractualism Theory. PhilArchive. Retrieved November 30, 2023, from
https://philarchive.org/archive/SUIC

Mcphetridge. (2022, November 4). Intersectionality. https://apastyle.apa.org. Retrieved

November 30, 2023, from https://apastyle.apa.org/style-grammar-guidelines/bias-free-
language/intersectionality