CONSTITUTIONAL LAW JD 302 MOOT COURT, 2023

--------------------------------------------------------------------------------------------------------------------------------

Before

THE HONORABLE SUPREME COURT

IN THE MATTER OF:

Save Only True Marriage Coalition et. al . PETITIONERS

Vs

Civil Registrar-General RESPONDENT

x--------------------------------------------------------------------------------------------------x

MEMORANDUM ON BEHALF OF THE CIVIL REGISTRAR GENERAL

Issue: Should same – sex marriage be allowed?

Arguments:

1. Marriage is an inherent and intimate right.

1.1 The right to marry is a fundamental right inherent in the liberty of the

person and the right to decide who to marry is an intimate thing. A law that effects in

hampering this enjoyment of this fundamental right goes against the principle of upholding

liberty and protection of human rights.

Liberty is not merely freedom from imprisonment or restraint. It ultimately

includes that measure of freedom which may be enjoyed in a civilized community,

consistently with the peaceful enjoyment of like freedom in others, deemed to embrace the

right of man to enjoy his inherent ability and power to do something with which he has
 been endowed. However, the current definition of the Family Code hinders the marriage of

same-sex couples, which states:

“Marriage is a special contract of permanent union between a man and a woman

entered into in accordance with law for the establishment of conjugal and family life. It is the

foundation of the family and an inviolable social institution whose nature, consequences, and

incidents are governed by law and not subject to stipulation, except that marriage settlements

may fix the property relations during the marriage within the limits provided by this Code.”

2. Liberty means the opportunity to do those things which are ordinarily done by free men.

2.1 1. Liberty means the opportunity to do those things which are ordinarily done by free

men, this must include the right to marry. Article II, Sections 10 and 11 of the Constitution

states that:

Section 10: “The State shall promote social justice in all phases of national

development. “

Section 11: “The State values the dignity of every human person and guarantees full

respect for human rights.”

Social justice means everyone's human rights are respected, protected, and

promoted. Everyone has access to equal opportunities and the resources necessary to

thrive. This doesn't guarantee a perfect society where everyone is always happy;

however, everyone will have a fighting chance at the life they want.

3. Same- sex couples and their family should not be deprived of the rights and protection

instituted by the government’s recognition of their marriage.

 3.1. Children of same-sex couples are hurt and made lesser by the government's

failure to recognize same-sex marriage. As such, it violates the fundamental rights of

parents, including the right to raise and educate their children as they see fit.

Because so many rights are tied to marriage, it is unfair to deny these rights and

protections based on a person's sexual orientation.

3.2. Recent studies would tell us that marriage improves individual and social

well-being regardless of other demographic indicators. Domestic partnership does

not bestow the same social and symbolic meaning as marriage. Relationships and

relationship processes are very similar between same-sex couples and different-sex

couples. Same-sex parent families and children show the same levels of well-being

and permitting same-sex marriage will not affect the stability of heterosexual

marriage and does not affect the fundamental right that heterosexuals have to

marry. Contrary to arguments against same-sex marriage, studies indicate that

children raised by same-sex couples show no difference in psychosocial adjustment,

romantic behavior, or school outcomes, compared to children of opposite-sex

couples. Children of same-sex couples benefit from the positive outcomes from their

parents’ being married such as a more durable and stable relationship and better

psychological health. Denying same-sex couples marriage equality devalues and

delegitimizes sexual minorities, which may motivate them to conceal their sexual

orientation.

These being considered, we pray that:

1) Article 1 and 2 be declared unconstitutional.

 Counsels:

ELMA A. PRUDENTE

JESSELEI P. MAMADA

AVA THERESE HORNIDO

NATAN ASIBAL

YUSOP SALIH

AL DARREN DAVID

APRELLE JOY VERANO

JUDGE: CYRUS MEDINA