REDEFINING MARRIAGE IN THE PHILIPPINES: THE SOCO-LEGAL ASPECT OF

SAME-SEX MARRIAGE

Introduction

Marriage has long been recognized as a union only between a man and a woman. It has
been upheld to be a way of shaping relationships and social identities of couples. Marriage has
given a lot of advantages to couples for instance Though created for the benefit of partners,
some are being set aside to this social institution. Homosexexual couples. However, due to the
changing times, many countries have gradually geared towards the acceptance of same sex
marriage. Several countries have already revised their marriage laws to recognize and legalize
same sex marriages.

Research Objectives

The purpose of this research is to analyse and assess whether or not same sex marriage is
feasible in the Philippines. The researchers intend to remove the stigma that same-sex couples
should be deprived of the rights enjoyed by heterosexual couples. It seeks to promote equality
and non-discrimination to homosexual couples, allowing them to be benefitted as that of
heterosexual couples in terms of strengthening their commitment and support to each other, and
shaping their social identity. Through this study, the researchers aim to send a strong message of
respect, dignity, and inclusion of the LGBT community in the institution of marriage as well as
to the whole of society.

Statement of the problem

1. What is marriage according to the 1987 Philippine Constitution?

a. Does the 1987 Philippine Constitution strictly limit marriage between a man and a
woman?
2. Does the prohibition on same sex marriage violate ones constitutional right to liberty?
3. Does the prohibition on same sex marriage violate ones right to privacy?
4. Does the prohibition on same sex marriage violate ones right to equal protection of the law?
5. If same-sex marriage is to be recognized in the Philippines, could same sex couples
sufficiently provide material support to one another?
6. In terms of intimacy, if same sex marriage is to be recognized in the Philippines, could same
sex couples satisfy the sexual needs of each other?
a. What would be the emotional and psychological impact of recognizing same sex
marriage to same sex couples?
Hypothesis

1. Art XV, Sec. 2. of the Philippine Constitution states that, Marriage, as an inviolable social
institution, is the foundation of the family and shall be protected by the State.
The constitution did not state that marriage should be limited between a man and a woman. It
only emphasized that it should be protected by the State since it is an inviolable institution
and the very foundation of the family.

2. The prohibition on same sex marriage violates ones right to liberty. Marriage should be
open to all kinds of couples, including same sex couples. It is a human right, in which
nobody should be deprived of. Liberty, as defined under the Philippine Constitution, is
the freedom from physical restraint. This right is further supported by Article 3, of the
Universal Declaration of Human Rights, which states that, Everyone has the right to life,
liberty and security of person.