Same-Sex Marriage in the Philippines

Submitted by:

Labampa, Clarisse T.

Malixi, Danielle Angelo

Submitted to:

Ms. Samantha Anne Joy N. Aspile

1. Introduction about the issue

Because of the Philippines' strong religious and cultural beliefs, same-sex marriage is still

illegal. Marriage is only permitted between a man and a woman, according to the Family

Code (Respicio & Co., 2023). (Crespo, 2021) stated that LGBTQ+ organisations or

groups have called for the legalisation of same-sex unions, but this definition has

remained unchanged. It has been challenging to pass legislation allowing same-sex

marriage because of the Catholic Church's strong objection to it, which has a big impact

on Filipino culture. Opposing same-sex marriage is seen by some people as unfair and a

violation of human rights. Despite of sexual position, they argue that everyone should be

able to marry and that same-sex couples are entitled to the same legal rights as

heterosexual couples, including inheritance, health benefits, and the ability to adopt

children.
 Proposals for civil unions that would grant same-sex couples some legal protection are

among the efforts made in recent years to solve the problem. However, conservative

lawmakers and religious organisations have strongly opposed these efforts, which has

prevented them from moving further. The topic is still hotly debated; some contend that

the Philippines should acknowledge the rights of LGBTQ+ people, while others are

persistent about maintaining conventional marriage traditions. This persistent problem

demonstrates the differences in Filipino society on marriage equality and LGBTQ+

rights.

Moreover, Supporters of same-sex marriage argue that it is against equality and human

rights to prevent same-sex couples from being married. According to their beliefs,

everyone should have the civil right to marry, regardless of their sexuality. By making

same-sex marriage legal, LGBTQ+ couples would be guaranteed the same legal rights

and advantages as heterosexual lovers, including the ability to inherit, adopt children, and

receive health benefits (Philstar, 2023).

2. The Issue in itself

 Brief history of the issue

In the Philippines, same-sex marriage has never been allowed. Marriage is defined under the

1988 Family Code as a union of a man and a woman Respicio & Co., (2023). Although attempts

to change this definition have been made over the years, they have not been successful A bill

designed to legalise same-sex marriage was submitted in Congress in 2000, however it was
turned down (Crespo, 2021). Religious organisations, particularly the Catholic Church, which

has major influence in the nation, have strongly opposed other legislation, such as those that

would have allowed same-sex couples to form civil unions ([Link], 2019).

In despite this, there has been a rise in support for same-sex marriage in recent years. Public

personalities such as Vice Ganda have publicly advocated for same-sex marriage legalisation,

and the LGBTQ+ movement continues to thrive in advocating for equal rights. However, same-

sex unions are still not legally recognised in the Philippines. In order to have their relationships

acknowledged, same-sex couples frequently travel to nations where same-sex marriage is

permitted (Philstar, 2023).

One of the few Asian nations that prohibits same-sex marriage is the Philippines. While there is

increased support for marriage equality, conservative and religious organisations keep blocking

any changes to the legislation, making the issue controversial throughout the nation. Many

people think that changing Philippine legislation regarding same-sex marriage will require more

time and effort. This history emphasizes the continued fight for LGBTQ+ rights in the

Philippines and the continued opposition from religious and political organisations.

 Laws enacted

The Family Code of the Philippines, which defines marriage as a union between a man and a

woman, has an important impact on the same-sex marriage debate in the Philippines. Since 1988,

this standard has been in effect, and attempts to change it to allow same-sex weddings have been
repeatedly turned down. Conservative legislators who argue that marriage should only be

permitted for heterosexual couples and the Catholic Church, which has significant influence over

the nation, are the main sources of the strong opposition. The Civil Code, which has no rules for

same-sex partnerships, supports the traditional idea of marriage in a similar manner as the

Family Code. While several anti-discrimination laws, such as Republic Act No. 7277 (the Magna

Carta for Disabled Persons) and Republic Act No. 10524, have attempted to address LGBTQ+

rights, their main objective is on social services and employment, not marriage rights. There

have been some initiatives to address LGBTQ+ rights despite of these legal challenges, such as

the SOGIE Equality Bill, which seeks to protect people from discrimination on the basis of their

gender identity and sexuality. However, even if these programs promote social equality, they do

not cover the legalisation of same-sex unions. Because of the major effect of religious and

traditional ideas, same-sex couples in the Philippines face legal challenges in getting their unions

recognised, and changes to this legal structure have not yet gained enough support.

3. Your Stand / Reaction / Solution

 Positive Stand

A positive stance on same-sex marriage in the Philippines highlights the importance of equality

and human rights for every individual, regardless of their sexual orientation. Legalizing same-sex

marriage would recognize the dignity of LGBTQ+ individuals by granting them the same legal

rights and protections that heterosexual couples enjoy. This would reflect the country’s

commitment to reducing discrimination and building a more inclusive society. Additionally,

recognizing same-sex unions would provide couples with essential legal protections, such as
inheritance rights, healthcare decision-making, and financial security, ensuring that all

relationships are given equal respect and treatment under the law.

 Negative Stand

The people that are opposing same-sex marriage in the Philippines express their negative

thoughts by the combination of religious, cultural, and legal arguments about it. The Catholic

Church, which holds a significant part to the Filipino society has been one of the most vocal

critics about the issue. The Church teaches that marriage should only be between a man and a

woman, and any attempt to change the teaching or to legalize same-sex marriage would violate

the institution’s quality. Mostly of the Filipinos, especially those from the Family that are

conservative and religious, shares the same mindset. Saying that recognizing same-sex marriages

would damage society's moral foundation and unity of society.

Based on the culture of our country, there is a strong belief that marriage should be defined in

traditional terms, that a union should be only with a man and a woman. This point of view is

deeply from the old and typical Filipino values, where traditional gender and family norms are

really valued. I think critics like The Catholic Churches and other people that oppose same-sex

marriage fear that legalizing it would cause a change in the family's structure and might have

unexpected social implications, especially in relation to parenting and the duties of parents. The

Catholic Bishops' Conference of the Philippines (CBCP), which has frequently voiced its

opposition to same-sex marriage due to the significance of sustaining the "natural" family

structure, serves as an illustration of this worry (Crespo, 2021). They worry that the lack of

typical parental role models in same-sex families may have an impact on the raising of children.

Critics fear that this might weaken the social foundation by causing misunderstandings about

gender roles and family relationships. Furthermore, opponents argue that changing the Family
Code to allow same-sex marriage could be the possible reason for further legal changes that

might interfere other parts of the Filipino society, such as inheritance and adoption laws. In the

case of same-sex marriage, critics are worried that if same-sex unions are legalized, it might

challenge traditional inheritance rights/laws. Without legal marriage recognition, a partner in a

same-sex relationship could face difficulties in claiming inheritance rights automatically given to

spouses in heterosexual marriages. A potential solution that has been proposed is the

legalization of civil unions for same-sex couples. This would allow the protections and legal

rights similar to heterosexual marriage, like inheritance, health benefits, property rights, without

changing the very definition of marriage. Some lawmakers, including Senator Risa Hontiveros,

introduced bills that focuses on civil unions as a compromise. This program allows same-sex

couples to gain legal approval and security, It avoids the debate over altering the traditional

concept of marriage. This proposal seeks to address the issue and the rights of LGBTQ+ people,

yet the bill is not yet approved by the government.

 Final Stand and Justification

In the Philippines I think that legalisation of same-sex marriage is an important part of equality,

humanity and inclusion. Marriage equality safeguards the right of LGBTQ+ persons to enjoy the

same legal protections and status afforded to heterosexual couples, a matter of_equal rights for

all under the US Constitution. Aside from the legal benefits of marriage inheritance, healthcare

decision-making rights there is also the social benefit: a society that values love and commitment

between two people regardless of their gender. This progressive step is what the Philippines

needs; to respect everyone's basic human rights.

References

 Family Code of the Philippines (1988)

Overview. [Link]

 Wikipedia contributors. (2023). Recognition of same-sex unions in the Philippines.

[Link]

 [Link] (2019). Same-sex civil unions in the Philippines: What you need to know.

[Link]