FOREIGN

LEGISLATIONS

The Defense of Marriage Act

(DOMA)
Enacted September 21, 1996, is a United States
federal law that allows states to refuse to recognize
same-sex marriages granted under the laws of other
states. Until Section 3 of the Act was ruled
unconstitutional in 2013. (United States v. Windsor)

Proposition 8
ballot proposition and a
state constitutional amendment
A California

passed in the November 2008 California state elections.

The proposition was created by opponents of same-sex
marriage in advance of the California Supreme Court's
May 2008 appeal ruling, In re Marriage Cases, which
followed the short-lived 2004 same-sex weddings
controversy and found the previous ban on same-sex
marriage (Proposition 22, 2000) unconstitutional.
Proposition
8
was
also
ultimately
ruled
unconstitutional by a federal court (on different
grounds equal protection clause) in 2010, although the
court decision did not go into effect until June 26, 2013,
following the conclusion of proponents' appeals.

Referendum 74 (R-74 or
Ref 74)
A Washington state referendum to approve
or reject the February 2012 bill that would legalize
same-sex marriage in the state. On June 12, 2012,
state officials announced that enough signatures in
favor of the referendum had been submitted and
scheduled the referendum to appear on the ballot in
the November 6 general election. The law was
upheld by voters in the November 6, 2012 election
by a final margin of 7.4% (53.7% approve, 46.3
reject) and the result was certified on December 5.

Canadian Constitution
The Constitution of Canada does not explicitly
grant or deny any right to LGBT people, and
Section 15 of the Charter prohibits the main
types of discrimination to which LGBT
Canadians may be subject. Section 15(1)
reads:
Every individual is equal before and under the law and
has the right to the equal protection and equal benefit of
the law without discrimination and, in particular, without
discrimination based on race, national or ethnic origin,
colour, religion, sex, age or mental or physical disability."

Canadian Constitution
Section 15 was written so as to protect
against discrimination generally, with the
"enumerated" grounds of prohibited
discrimination (race, sex, etc.) being only
examples instead of a comprehensive list. In
a landmark ruling in 1995 in the case of Egan
v. Canada, the Supreme Court of Canada
recognized that sexual orientation was
implicitly included in section 15 as an
"analogous ground" and is therefore a
prohibited ground of discrimination.

Asian Countries (Muslim

Countries)
In the Islamic regimes of Afghanistan, Brunei, Iran,
Saudi Arabia, and Yemen, homosexual activity is
punished with the death penalty.

Europe
Eleven out of the seventeen countries that have
legalised same-sex marriage are situated in
Europe; a further twelve European countries have
legalised civil unions or other forms of recognition
for same-sex couples. Austria, Finland, Germany,
Greenland, Ireland and Switzerland are
considering legislation to introduce same-sex
marriage.
Armenia, Azerbaijan, Belarus, Bulgaria, Croatia,
Hungary, Latvia, Lithuania, Moldova, Montenegro,
Poland, Serbia, Slovakia and Ukraine have a
constitutional ban on same-sex marriage.

Europe
As of 2014, every jurisdiction in Europe has
legalised same-sex sexual activity, the only
inhabited continent to do so.

LOCAL
LEGISLATIONS

Revised Penal Code

Grave Scandal (Article 200)
The penalties ofarresto mayorand public censure
shall be imposed upon any person who shall offend
against decency or good customs by any
highly scandalous conduct not expressly
falling within any other article of this Code.
applies to sexual conduct or affection which occurs
in public.

Anti-Same Sex and Transsexual

Marriage Bills
Since 2006, three anti-same sex marriage
bills have been introduced and are pending
before the Senate and Congress. In early
2011, Rep. Rene Relampagos of Bohol filed a
bill to amend Article 26 of the Philippine
Family Code, to prohibit "forbidden
marriages." Specifically, this seeks to bar the
Philippine state from recognizing same-sex
marriages contracted overseas. The bill is in
committee.

Anti-LGBT discrimination bill

House Bill 110 is the new version of an antiLGBT discrimination bill filed by Akbayan
party-list Rep. Kaka Bag-ao in the 15th
Congress.
Bag-ao re-filed it in the 16th Congress as
Dinagat Islands Representative.

Anti-LGBT discrimination bill

The act imposes fines and jail time for
discrimination against LGBT's in the following
incidents:
-deny access to public service, including military
service, to any person on the basis of sexual
orientation and/ or gender identity;
-include sexual orientation and gender identity, as
well as the disclosure of sexual orientation, in the
criteria of hiring, promotion and dismissal of workers,
and in the determination of employee compensation,
training, incentives, privileges, benefits or allowances
and other terms and conditions of employment;

Anti-LGBT discrimination bill

-refuse admission or expel a person from
educational institutions on the basis of sexual
orientation and gender identity;
-refuse or revoke the accreditation, formal
recognition, and or registration of any
organization, group, politcial party, institution
or establishment solely on the basis of sexual
orientation;
-deny a person access to medical and other
health services open to the general public;

Anti-LGBT discrimination bill

-deny a person access to or the use
of establishments, facilities, utilities
or services including housing, open
to the general public;
-subject or force any person to any
medical or psychological
examination to determine and/or
alter the person's sexual orientation;

Anti-LGBT discrimination bill

-harassment by members of
institutions involved in the
enforcement of law and the
protection of rights, such as the
PNP and AFP.

References:
Wikipedia
http://www.abscbnnews.com/nation/07/04/13/anti-discriminationbill-filed-lgbt-rights