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SAME-SEX MARRIAGE

PURPOSE
The purpose of this monograph is to provide an elaborative discussion of
authors stand on the issue regarding gay or same-sex marriage. Currently, same-sex
marriage is a hot social issue that does not only affects the LGBT community but the
whole world. It is debatable topic especially in the Philippine which is considered a
Catholic country. This paper will discuss the opinion of the author related to the issue,
and give the perspectives of the law and the church about the same-sex marriage.

INTRODUCTION
On 2014, Pacifico Agabin, a former law dean of the University of the Philippines
said that The Family Codes concept of marriage as a contract between a man and a
woman aside from being obsolete, violates the equal protection clause of the
Constitution. In my opinion to bar the lesbians, the gays, the transsexuals and
homosexuals from the civil right to marry would violate the guarantee of equal
protection.1 He stressed that denying LGBT couples the right to marry is
unconstitutional. Agabin is only one the many people who are in favour of same-sex
marriage. They want to spread the motion that everyone must be treated equally, hence,
marriage should be allowed to everyone regardless if it is not between a man and a
woman. Many homosexual couples want to be treated legally like heterosexual couples
and be able to enter into marriage. 2 The issue is whether or not same-sex marriage
should be allowed here in the Philippines.

MARRIAGE BEFORE THE LAW


Marriage is a special contract of permanent union between a man and a woman
into in accordance with law for establishment of conjugal and family life. It is the
foundation of the family and an inviolable social institution * (Article I, Family Code of

the Philippines) Marriage is the union and inviolable social institution of one man with
one woman for the reciprocal blessings of a domestic home life, and for the birth,
rearing, and education of children. Under the Constitution, Marriage, as an inviolable
social institution, is the foundation of the family and shall be protected by the State.
(Article XV, Section 2, 1987 Philippine Constitution)
The Philippine law, particularly the Family Code, stressed that a marriage should
only be celebrated between a man and a woman. No provisions in the law state that a
man and a man, or a woman and a woman, or same-sex couple can marry and enjoy
the protection of the State. Until today, there is no pending legislative acts that
encourage same-sex marriage. Unless the Constitution or any statutes are amended or
revised, same-sex marriage is impossible to be recognized here in the Philippines.

MARRIAGE BEFORE THE CHURCH


Recently the Catholic Bishops' Conference of the Philippines (CBCP) responded
to recent pushes for special privileges for homosexuals in the majority-Catholic country.
CBCP stand that the government must not legalize same-sex unions, and individuals
must oppose any such proposals. The bishops released their "Question and Answer
Catechism on the Dignity and Vocation of Homosexual Persons," which was written
as "a pastoral response to the acceptance of homosexual lifestyle and legalization of
homosexual unions." The document begins with an explication of what marriage is and
how it fits into God's plan for mankind. It concluded that "there are absolutely no
grounds for considering homosexual unions to be similar or even remotely analogous to
God's plan for marriage and the family."3
The Church also affirms that marriage is an institution but not only in accordance
with the law but by the establishment of such by God for the foundation of the family. A
union between same-sex individuals can never be blessed by marriage in the eyes of
God. Same-sex relationships do not have the basic biological and marital elements of
marriage and family. Love shared by any individuals to others, may it be for opposite or
same sex, is not discourage by the Church, but the union in the aspect of marriage in

which spouses should live together as husband and wife is strongly explained to be
shared only by a man and a woman.

OPINION
I, as a woman, a religious follower of God, and a citizen of this country, believed
that marriage is only for a man and a woman; hence I am against to same-sex
marriage. The provision in our law that states that marriage is a union between a man
and a woman is authored by legislators because they believed in the Gods words that
such a special union should be respected and protected at all cost. The policy under the
Constitution that there must be a separation of State and Church should not be
construed against the natural law. I believed that the marriage between a man and a
woman should not only be followed because of the Divine Law or General Law but also
because naturally only on such union we can experience the love of family that would
develop us to be better man and an important part in the society.

Wee, D. (October 4, 2014). Philippines law experts: denying gay marriage is unconstitutional. October 9,

2016:http://www.gaystarnews.com/article/philippines-law-experts-denying-gay-marriage-unconstitutional
091014/#gs.kLVqu9c.

Same Sex Marriage: Before the Law, All are Equal. October 9, 2016: https://www.goethe.de/ins/ph/en/

kul/ mag/20671419.htm.
3

Fitzgerald, R. (September 2, 2015). Not if Filipinos listen to their bishops. October 9, 2016:

http://www.churchmilitant.com/news/article/gay-marriage-in-the-philippines.