D/C Salva, Gilbert C.

Socio 102 (62216)

Group 10: Negative side

Legalization of Same-sex marriage in the Philippines

Same-sex marriage, 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. The issue of same-sex marriage frequently sparked emotional and political clashes between
supporters and opponents. By the early 21st century, several jurisdictions, both at the national and
subnational levels, had legalized same-sex marriage; in other jurisdictions, constitutional measures were
adopted to prevent same-sex marriages from being sanctioned, or laws were enacted that refused to
recognize such marriages performed elsewhere. That the same act was evaluated so differently by various
groups indicates its importance as a social issue in the early 21st century; it also demonstrates the extent
to which cultural diversity persisted both within and among countries. In the Philippines same-sex
marriage is not legally recognized because it is a religious country as a result of the Spanish Catholic
reign in the Philippines for more than 300 years thus because of its religious beliefs they define marriage
as the "covenant by which a man and woman establish between themselves a partnership of the whole of
life and which is ordered by its nature to the good of the spouses and the procreation and education of
offspring", and which "has been raised by Christ the Lord to the dignity of a sacrament between
the baptized.
A gay lawyer named Jesus Falcis in 2015, urges the court to declare the marriage restriction in
the country’s Family Code – which limits marriage to one man and one woman – unconstitutional. It also
asks the court to recognize marriage equality in the Philippines. Falcis argues that the marriage
restrictions violate his rights to due process, equal protection, and forming a family under the Philippine
Constitution. However, On January 6, 2020, the Philippines’ Supreme Court announced it had dismissed
a motion to reconsider its September 2019 ruling denying a petition to approve same-sex marriage in the
country, effectively concluding this case “with finality.” The petition had essentially requested that the
Court declare unconstitutional on equality grounds certain provisions of the Philippine Family Code that
define marriage as a union between a man and a woman. The Court indicated in its ruling that the
petitioner’s request was too limited in scope, as there are a wide variety of other statutes besides the
Family Code that similarly treat marriage as a heterosexual institution. Thus, it stated that the petitioner
should have made a direct argument against those other statutes as well, which he failed to do.
Same-sex marriage should not be legalized in the Philippines because the Philippines is a
religious country therefore it goes against their beliefs that “Marriage is an act between one man and
woman, a monogamous or exclusive union in which two become one in a lifelong partnership.” The
church has never taught that a man should marry a man and a woman should marry a woman. The Church
also holds that same-sex unions are an unfavorable environment for children and that the legalization of
such unions damages society. According to Archbishop Cruz (2013), Same sex marriage is against the
natural law, human law and the divine law.

Moreover same-sex marriage will have negative effects on the children, raising kids in
households with a mother and a father works best rather than having a parent of the same sex. When same
sex couple particularly adopt or have a child it would have negatives effects on the children, according to
Delos Reyes a board member of a pro-life Philippines. Only a natural marriage can consistently and
procreate provide a nurturing and stable environment for the growth and maturation of a child
furthermore it may totally confuse a child for both the parents having the same sex. The act of allowing a
gender of same sex to become parents will likely raise confusion in the children. This will particularly
promote confusion among them which can have negative a negative impact when they will begin building
their own family. Same-sex relationship are much more unstable and short-lived than heterosexual
relationship (Christian, 2016). Kids will end up being bullied in school, even if same-sex marriage is
legalized, not all accept and embrace this practice, particularly kids. Those who oppose same-sex
marriage claim that making this marriage between homosexuals legal can bring problems in the future
especially when children are involved. Children having same-sex parents may be prone to bullying at
school and some even end up being physically hurt by other kids.

Lastly, Same-sex marriage is simply against human nature.  Marriage is for procreation, and a
couple of the same sex can’t reproduce. In order to reproduce as a species, couples of different sexes are
urgently needed. Hence, humanity would have gone extinct if there were only gay couples around in the
past. Thus, many people also claim that marriages of people of the same sex are against nature and should
be prohibited due to that.

In conclusion, marriage is not just about having a relationship with your partners or love ones but
it is a culturally and often legally recognized union between people called spouses. It establishes rights
and obligations between them, as well as between them and their children, and between them and their in-
laws hence being married to someone comes with a heavy responsibility to both couple that are together
and shows the commitment that they have with each other.
Argument 1

It Is Not Marriage

Calling something marriage does not make it marriage. Marriage has always been a covenant
between a man and a woman which is by its nature ordered toward the procreation and education of
children and the unity and wellbeing of the spouses. The promoters of same-sex “marriage” propose
something entirely different. They propose the union between two men or two women. This denies the
self-evident biological, physiological, and psychological differences between men and women which find
their complementarity in marriage. It also denies the specific primary purpose of marriage: the
perpetuation of the human race and the raising of children. Two entirely different things cannot be
considered the same thing.

This argument can be justified according to “Executive order no. 209 also known as THE FAMILY
CODE OF THE PHILIPPINES” Chapter 1 which titled Requisites of Marriage, Article 1 which states
Marriage is a special contract of permanent union between a man and a women entered into in
accordance with the law for 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
subject to stipulation, except that marriage settlements may fix the property relations during the
marriage within limits provided by this code.

It also on Article 2 Which state that No marriage shall be valid, unless these essential requisites
are presents:

One of these requisites states that the legal capacity of the contracting parties must be a male and
female.