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legalization of same-sex marriage. “That [same-sex marriage] won’t work for us. We’re
Catholics,” he said in a speech before the Filipino community in Burma. “And there’s the Civil
Code, which says that [a man] can only marry a woman.”
Supporters wave rainbow flags while marching during a LGBT Pride parade in metro Manila,
Philippines June 25, 2016.Click to expand Image
Supporters wave rainbow flags while marching during a LGBT Pride parade in metro Manila,
Philippines June 25, 2016. © 2016 Reuters
During last year’s presidential election campaign, Duterte said he was open to the idea. “If [draft
same-sex marriage legislation] reaches me in whatever capacity, I'll consider it,” Duterte said in
February 2016. The remark boosted Duterte’s popularity in the lesbian, gay, bisexual, and
transgender (LGBT) community and gave credibility to his image as a politician respectful of
LGBT rights. Pantaleon Alvarez, the speaker of the House of Representatives and a close
Duterte ally, responded by promising to support same-sex marriage legislation.
Critics quickly denounced the president’s turnaround. A Filipino LGBT activist decried the
flip-flop as a blow to the LGBT community’s efforts to establish a legal foundation for “property
rights and even in caring for children both parties decide to adopt.” While same-sex “holy
unions“ do occur in the Philippines, they are not legally recognized under marriage laws, forcing
couples to resort to legal instruments including “special power of attorney” documents to provide
their relationships a modicum of legal protection. Duterte’s reversal is not just about campaign
promises – it jeopardizes the fundamental rights of LGBT partners and families.
Allowing same-sex marriage would enable gays and lesbians in the Philippines to marry the
person they love and would strengthen everyone’s rights. From a human rights perspective,
broadening civil marriage to couples of the same sex demonstrates respect for the fundamental
rights of equality and nondiscrimination. It should be enshrined in Philippine law.
The Philippines should join countries including the United States, South Africa, Brazil, Colombia,
Argentina, Uruguay, New Zealand, Netherlands, Belgium, Spain, Portugal, Sweden, and Ireland,
all of which have enshrined marriage equality in their laws. In Asia, lawmakers in Taiwan are
mulling a draft law that would legalize same-sex marriage.
Duterte’s backtracking is easily remedied. He and his government should demonstrate the
political will to push through legislation to protect the rights of the country’s LGBT population,
starting with same-sex marriage.