Chapter 1

Background of the Study

I. Introduction

The Philippines is ranked as one of the most gay-friendly nations in Asia.

The country ranked as the 10th-most gay-friendly in a 2013 global survey

covering 39 countries, in which only 17 had majorities accepting homosexuality.

The survey conducted by the Pew Research Center showed that 73% of adult

Filipinos agreed with the statement that "homosexuality should be accepted by

society", up by nine percentage points from 64% in 2002. The main reasons for

the high percentage of LGBT acceptance in the Philippines are the archipelago's

historic point of view and respect to gender-shifting and non-based gender roles

before the 12th century which have been inputted in indigenous cultures prior to

Islamization and Christianization and the current public mediums (television,

writings, radio, and social media) that have set a spotlight on the sufferings of

countless LGBT Filipinos in their own country due to colonial-era and colonial-

inspired religions.

During the Islamic movements in Mindanao which started in Borneo, the

homosexual acceptance of the indigenous natives were subjugated by Islamic

beliefs. Nevertheless, states and barangays that retained their non-Islamic

cultures continued to accept homosexuality. These deep Catholic roots

nationwide (and some Islamic roots in Mindanao) from the colonial era have
resulted in much discrimination and oppression for the LGBT community in the

present time.

The LGBT community remains as one of the country's minority sectors today.

Lesbian, gay, bisexual and transgender people often face disadvantages in

getting hired for jobs, acquiring rights for civil marriage, and even in starting up

personal businesses. This has led to the rise of the cause for LGBT rights,

defined as the right to equality and non-discrimination. As a member of

the United Nations, the Philippines is signatory to various international

covenants promoting human rights.

This report reviews the legal and social environment faced by lesbian, gay,

bisexual and transgender (LGBT) people in the Philippines. The Dialogue

brought together 50 LGBT organizations representatives to discuss the human

rights of LGBT people under eight themes: education, health, employment, family

affairs, community, religion, media and politics.

The main purpose of this study is to increase peoples knowledge and to

help them to determine which gender they should partner with, and know that

there is a case for same-sex marriage and to know that it is illegal in the

Philippines.
Statement of the problem

This study would like to find out the views of LGBTQA+ Community on

same-sex marriage in the Philippines. More specifically, the study attempted to

answer the following questions:

[Link] is the issue of same-sex marriage in the Philippines?

[Link] are the views of LGBTQA+ community on same-sex marriage in

the Philippines?

Significance of the study

The results of the study will be of great benefit to the following:

Researchers-In this study the researchers will identify the problems engaging

the issue of same-sex marriage and it will gain them knowledge about the issue

of same-sex marriage.

Students-The data will provide knowledge to them specially to those who suffers

identity crisis. They may be enlighten to the future effects of their current actions.

Government- This research will provide ideas on how the government address

the problems, make solutions and do positive actions.

LGBTQ members-This research will help them to determine which gender they

should partner with, and know that there is a case of same-sex marriage.

Future researchers-This research will be a useful reference for the researchers

who would plan to make any related study.

 Chapter II

Related Literature and Studies

Foreign

The U.S. Supreme Court ruled on June 26, 2015, that the Constitution

grants same-sex couples the right to marry, effectively legalizing same-sex

marriage in the thirteen states where it remained banned. The five-to-four

ruling, which extends to U.S. territories, came amid dramatic shifts in public

opinion: 67 percent of Americans polled in 2018 approved of same-sex

marriage, up from 27 percent in 1996.

The ruling came less than two decades after President Bill Clinton

signed the Defense of Marriage Act (DOMA), which defined marriage as a

union between a man and a woman, thereby denying same-sex couples

federal marriage benefits, such as access to health care, social security, and

tax benefits, as well as green cards for immigrant spouses of U.S. citizens. In

June 2013, the Supreme Court struck down the parts of DOMA that denied

federal benefits to same-sex couples.

Despite these Supreme Court rulings, a debate continues in the United

States between advocates of legal equality and individuals and institutions

that object to same-sex marriages on the basis of religious belief. In June

2018, the U.S. Supreme Court ruled in favor of a Colorado baker

who refused to make a wedding cake for a same-sex couple because of his

religious beliefs, violating the state’s civil rights law. However, the court chose

not to issue a broader ruling on whether businesses have a right to deny

goods or services to LGBT people for religious reasons.

More than half of the countries that allow same-sex marriage are in

Western Europe. Same-sex marriage has been legalized in the Netherlands

(2001), Belgium (2003), Spain (2005), Norway (2009), Sweden (2009),

Portugal (2010), Iceland (2010), Denmark (2012), France (2013), the United

Kingdom (2013), Luxembourg (2015), Ireland (2015), Finland (2017), Malta

(2017), Germany (2017), and Austria (2019). Italy is the largest Western

European country where same-sex marriage is not legal; its parliament,

however, approved civil unions for same-sex couples in 2016.

Support for same-sex marriage is weaker in Eastern Europe. A 2017 Pew

Research Center poll found that support for legal recognition of same-sex

marriage is 16 percent in Belarus and just 9 percent in Ukraine. Support in

Poland and Hungary, which both have constitutional bans on same-sex

marriage, is 32 percent and 27 percent, respectively. At least ten other

countries in Central and Eastern Europe have such prohibitions. Hungary and

the Czech Republic, however, do recognize same-sex partnerships; in 2018,

a Budapest court ruled that same-sex marriages performed abroad must be

recognized as partnerships. Estonia also allows civil unions, though popular

support for same-sex marriage in the Baltic states is low.

Local

The Philippine Supreme Court heard a long-awaited argument on Tuesday

that could open the door to same-sex marriage in the overwhelmingly Catholic

country.

The case, which was filed by 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.

If the Supreme Court rules that the provisions of the Family Code are

unconstitutional and permits same-sex marriage, or the national legislature

enacts a law allowing same-sex marriage, the Philippines will join Taiwan at the

forefront of Asian countries with marriage equality

Beyond the Supreme Court hearing, the recognition of same-sex

partnerships has gained considerable steam in the Philippines.

 In the House of Representatives, Speaker Pantaleon Alvarez filed a bill in

October 2017 that would create civil partnerships. The bill, HB 6595, would grant

same-sex couples “[a]ll benefits and protections as are granted to spouses in a

marriage,” including the ability to jointly adopt, inherit property, obtain tax

benefits, and share insurance, health, and pension benefits. The bill was debated

by a House panel in January 2018, but has not been voted on.

President Rodrigo Duterte has sent conflicting messages about his views on

same-sex marriage, indicating support for it on the campaign trail, seemingly

reversing his position in March 2017, and then endorsing the idea again in

December 2017.

As the Supreme Court deliberates over the same-sex marriage case,

lawmakers have an opportunity to proactively protect the rights of LGBT Filipinos.

In 2017, the House of Representatives made history by approving a

nondiscrimination law that, if passed by the Senate, would protect LGBT people

from discrimination in employment, education, health care, housing, public

services, and other areas.

It should now show similar leadership in recognizing and advancing the rights

of same-sex couples.
Synthesis

As the [Link] is also pointed out that more than half of the

countries that allow same-sex marriage are in western europe. same-sex

marriage has been legalized in the netherlands (2001), belgium (2003), spain

(2005), norway (2009), sweden (2009), portugal (2010), iceland (2010), denmark

(2012), france (2013), the united kingdom (2013), luxembourg (2015), ireland

(2015), finland (2017), malta (2017), germany (2017), and austria (2019). italy is

the largest western european country where same-sex marriage is not legal; its

parliament, however, approved civil unions for same-sex couples in 2016.

 Chapter III

Summary of Findings, Conclusion and Recommendations

This chapter presents the findings on the research word untaken. The

conclusion drawn and recommendation are made as an outgrowth of this study.

This study is about the views of LGBTQA+ community or same-sex marriage in

the Philippines.

Findings

The researchers came up to the following findings:

1. The Constitution of the Philippines does not prohibit same-sex marriage.

And not allowed for same-sex marriage. The Philippines is ranked as one

of the most-gay friendly nations in Asia.

2. The LGBTQ members are angry because it is banned in the Philippines

and they hold a rally outside the supreme court for the oral arguments

regarding the petition seeking to legalize same sex marriage.

Conclusion

Based on the findings of the study the following conclusion are drawn:

1. The proponents conclude that the constitution of the Philippines does not

prohibit same-sex marriage. And not allowed for same-sex marriage

 2. The findings of the study is also shown that the same-sex marriage is

banned in the Philippines so the LGBTQ members are angry and they

hold a rally.

Recommendations

For the students, proponents recommended to them to study the same-sex

marriage in the country.

For the LGBTQ community, this research study will help LGBTQ community

reflect on and change their attitude towards what they are.

For future researchers, proponents recommendation them to study the status of

same-sex marriage in the country.

Definition of terms

For better understanding on the study, the following words, phrases are defined
on followed:

Babaylan-Shamans of the vanous of ethnic groups of the pre-colonial

Philippines islands.

Family code-Family code of the Philippines (Excutive order no.209)was signed

into law by then President Corazon Aquino on july 6,[Link] basic law covering
persons and family relations governs marriages, legal separations, property
relations between spouses, and parental authority, among others.

Gender identity-A perons perceptions of having a particular gender, which may

or may not correspond with their birth sex.

Homosexuality-The quality or characteristics of being sexually attracted solely

to people of ones on sex.

House of representatives-Lawmakers in the Representative are called

Representative or Congressmen/Congress-women.

LGBTQA+-Is an initialism that stands for lesbian gay, bisexual, and transgender.
In use since the 1990s,the term is an adaption of the initialism LGB, which was
used to replaced the term gay in reference to LGBT community beginning the
mid-to-late 1980s.

Marriade equality-The situation in which same-sex couples have the same legal
rights to marry as opposite-sex couples.

Same-sex marriage- Marriage between partners of the same-sex(as recognized

in some jurisdictions).

Sogie bill-The Sexual Orientation and Gender Identity Expressions Equality Bill,
also known as the Anti- Discrimination Bill (ADB), is a proposed legislation of the
congress of the [Link] is intented to prevent various economic and public
accommodation-related acts of discrimination against people based on their
sexual orientation ,gender identity or expression.

Supreme court-The highest federal court in the US, consisting of nine justices
and taking judicial precedence over all other courts in the nation .

Views of LGBTQA+ community on same-sex marriage in the Philippines

A research Paper in Partial fulfillment of the Requirement in

English 10

Submitted to:

Christopher V. Jagolino

Mary Rose Tuastumban

Sean Brian Villaluz

10-spinel

January 2020
Reference

Backgrounder by Claire Felter and Danielle Renwick

Last updated October 29, 2019
Zoltan Aguera, Eleanor Albert, Laura Hillard, Noah Morgenstein, Brianna Lee,
and Samuel Parmer contributed to this report.
[Link]
fbclid=IwAR2E8zxyKGGPwccrE1dz5ULXnJXySZ4x7hFfb2hjr9JN3spjPjZD92MbQcU

Ryan Thoreson
Researcher, Lesbian, Gay, Bisexual, and Transgender Rights Program
June 19, 2018 3:44PM EDT
[Link]

Lian Buan
@lianbuan
Published 1:16 PM, October 31, 2019
Updated 1:16 PM, October 31, 2019

[Link]
better-resolved-by-congress

From Wikipedia, the free encyclopedia

last edited on 12 January 2020, at 11:25 (UTC).

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