Agree or Disagree on the Same Sex Marriage

Most people used interchangeably sex and gender as the same thing. Sex and gender
are different from each other. In general terms, sex refers to the biological differences
between males and females, such as genitalia and genetic differences. Gender is more
difficult to define, but it can refer to the role of a male or female in a society, known as a
gender role, or an individual’s concept of themselves, or gender identity. There are 2 (two)
common biological genders that science have been classified which we have known for so
many years, namely male and female. A person with XX chromosomes usually has female
sex and reproductive organs, and is therefore assigned biologically female. A person with
XY chromosomes usually has male sex and reproductive organs, and is therefore usually
assigned biologically male.
Same sex marriage is the union between a person with the same gender; a man
marrying a man and a woman marrying to a woman. In 2017, Atty. Jesus Falcis, a gay
lawyer who filed a case allowing same sex marriage, he argues that the marriage restrictions
violate his right to due process, equal protection, and forming a family under the Philippine
Constitution. He also urges the court to declare the marriage restriction in the country’s
family code – which limits marriage to one man and one woman – unconstitutional.
“Marriage is a special contract of permanent union between a man and a woman entered
into in accordance with the 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. (52a)”
(Article 1 of the Family Code of the Philippines)
It is stated in the Family Code that it is a contract between a man and a woman that can be
recognized as a married couple. It is also stating in another article of the family code, the
essential requisites to a valid marriage. Marriage is an inviolable institution that the state has
interest because it vested in the marriage the public interest. Marriage is the foundation of
our very existence and survival. It is a basic unit of a social institution. The ability to
procreate is the very existence of marriage that is why only heterosexual couple can only be
granted by the state because the state needs people in order to exist and survival is the key to
maintain its people residing in it. A homosexual couple cannot procreate. It is not in the
nature of human to conceive with their own sex but only those opposite of sex which are the
male and female.
No marriage shall be valid, unless these essential requisites are present:
1) Legal capacity of the contracting parties who must be a male and a female; and
2) Consent freely given in the presence of the solemnizing officer. (53a)
(Article 2 of the Family Code of the Philippines)
Atty. Jesus Falcis further argues that some of the provision in the Constitution allegedly
violated his Constitutional rights.
Section 1, Article III: No person shall be deprived of life, liberty, or property without due
process of law, nor shall any person be denied the equal protection of the laws.
Section 3(1), Article XV: The State shall defend the right of spouses to found a family in
accordance with their religious convictions and the demands of responsible parenthood
No person shall deprive of liberty and the LGBT community has the liberty to
choose whoever they want to be with. It is supported with the clause in the Section 3(1),
Article XV that the State shall defend the right of spouses to found a family. It is also
depriving of life of a person because the State hinders the life that the person wants. These
people are complying in good faith. No person’s right has been violated by doing so. Maybe
the society has not accepted this norm but is it better to not accept our people? Society can
adapt itself but a person who is afraid to show his true self and live the life that he is not,
cannot. It will always go back to what a person truly is. This change is inevitable and it will
always keep on happening in the future. LGBT community is part of the people of the
Philippines therefore they are entitled with these rights, to found a family. All person
governed by the State shall not be denied the equal protection of the laws. They are not self-
proclaimed gays and lesbians to be not included in the equal protection of the laws. Would
you claim yourself as gay when you are not?
The Constitution allows only a man and a woman to contract in marriage and its
contrary to the LGBT community which relationships are of the same sex. What has been
fighting here by the LGBT is the benefit of a married couple and for them to be recognize by
the state. It is also their right to exercise these rights. It was never their fault to become who
they are, to become a lesbian, gay, etc. They find attraction in their same sexuality. They
want more than just a relationship, they want to take it to the next step which is to become a
married couple. Nothing could ever make them happier than to be married to the one they
love. But it is not also enough if the state does not recognize it. In terms of legality, there
would be no benefits and protections as to a heterosexual married couple have. Although
there was an attempt to propose a bill which is the Civil Partnership Act or House Bill 6595
to allow couple to enter in civil partnership, whether they are opposite or of the same sex. It
is a bill that a couple, either opposite or same sex can contract into a civil partnership and it
grants all the protections and benefits like a married couple.
Section 11 (a): “All benefits and protections as are granted to spouses in a marriage under
existing laws, administrative orders, court rulings, or those derived as a matter of public
policy, or any other source of civil law,”
The difference is that the word marriage itself is not present like a normal a married couple
or the sanctifying grace as was mentioned in the issue. It was debated that it encourages
young couples to engage in a civil partnership instead of a marriage. President Rodrigo
Duterte gave his statement regarding same-sex marriage on 2017 when he was visiting
Myanmar “That is their culture,” “That’s for them. That can’t apply to us, because we are
Catholics,” President Duterte said. He emphasized what was written in the Civil Code. “And
there is the civil code, which states you can only marry a woman for me, and for a woman to
marry a man. That’s the law in the Philippines.” Majority of Filipinos are Catholics which
mostly prefer marriage over Civil partnership but in practically speaking many would like to
settle in the latter. The said Act was not enacted because it was voted out.
The State made Constitution for which the will of the state achieve its objective to
promote welfare of the people. One of the essential elements of a state is the people. People
simply refers to the inhabitants of the state. There would be no state if there are no people
residing in it. That is why the state has to maintain itself in order to exist and one of its
objectives is to procreate people. There is no prescribed number of people that a state needs
to have but it should be numerous enough to self-sufficing and to defend themselves and
small enough to be easily administered and sustained. Marriage is limited only to a man and
woman because the objective of the state is to procreate people, without people there will be
no state that governs. Constitutionally speaking, it simply infers the sustainability of itself
and the absence of the state will result in chaos.
There is nothing wrong with being gay or lesbian. Its their right to become happy
and choose who they want to be with. From the beginning they did not choose to become
who they are and it is also not a sin for being honest with yourself. And also, being gay or
lesbian is not a disability. Why would you choose to become a gay if that hinders someone
to be happy in terms of marriage? These are beyond our control to make such choice. No
one in the history of men was once had been happy because he did not love himself.
Happiness starts within oneself, the acceptance for being who you are. It takes a lot of
courage to speak for yourself and show them who you really are when you know the whole
world doesn’t accept what they don’t understand. It has been the nature of human to fear
what they don’t understand and only those who are brave dare to know the truth behind what
is unknown. People have so many complaints about gays and lesbians which they cannot
adapt in our society. Society changes and it always has been evolving for so many years.
The only permanent in this world is “change”. Our constitution needs to change because it
adapts the old society. It is not our problem anymore that we have a few people in our
country. In fact, it is the problem of the world and not just our country that the population of
the world is growing. Many resources have been depleting, lands are being occupied, poor
waste management, and any other problems that causing by a large population and it is
alarming. It is not just these problems that would solve by the same-sex marriage but the
people also who is fighting for their right to marry a person who they want to be with. It is
important nowadays the mental health of the people. People are the ones who makes up of
the nation, they are the reason that the government runs. A person who has poor mental
health will not function in the society. He will not perform properly with his role in the
society thus, it will result in poor performance of a country. Gays and lesbians have now a
large part of our society. A person who is happy and contented in their life tends to perform
better than people who are unhappy. It is proven by the researchers that a mental health
takes a big part of the performance of a person. Government needs a functional people in
order to run smoothly. By doing so, it is not just these people makes them happy but also it
is good in the state and also in our environment. There would be less consumer, more
resources, less waste, greener environment, and less occupancy, more space. Philippines is
not in a good state compare to other neighboring countries like Singapore, China and other
countries. We are so far behind from them. Philippines has not made a huge progress in its
condition. The key is in the people who is residing in the country and the leader who leads
his people. There is no more factor who can make this progress but the people in it.
Discipline is one that we should acquire. Even our own people are discriminating,
disrespecting, and fighting each other. How can this country make a progress when even
people residing it are against each other? So much at stake with this same-sex marriage but
it would have a good effect and as well as there would be some bad effects. As a Catholic
country, we value the sanctity of marriage, and that would mean a lot for all of us as a
Filipino. We are a conservative country and we have different culture from the others.
It is necessary to respect the Constitution because it governs all of us and it keeps us
all Filipino binding and also it is the fundamental law of the land. Constitution needs to
adapt to the current situation. It may have been rigid system but through step by step it could
achieve what people need in the current situation. Same-sex marriage it just violates the
objective of the Constitution but how could it violate if it the objective becomes a problem.
LGBT community is also a part of our people and they are a big part on it. Is it wrong to
make someone happy? Everyone wants to be happy then why can’t these people get theirs?
Laws are for the people for their protection but is it for the protection that we cannot allow
same-sex marriage? It is depriving one’s happiness. LGBT couples wants to be recognized
by the State and they need the same protection and benefits as a heterosexual married
couple. People need the state and same as the state need its people. The state could have
come into an agreement with the LGBT community. They can meet in a compromised
agreement. Many gays and lesbians are prominent in many aspects. Most of them
recognized as competent and talented persons. They are assets not a liability. It does not
make a man and a woman more or less nor the LGBT community if same-sex marriage
would be enacted. I am not a member of the LGBT community but I understand the feeling
when you want something and you know it is not wrong and as long as you are not stepping
on the rights of the other. It costs their life and it is their life that has been deprived. The life
that they have been wanted that must be protected and benefitted by the State. It is the object
of the State to protect its citizens. The society is evolving and the Constitution should adapt
the current situation and at the best interest of its citizens. A system shall adapt in the
external and internal environment. It is in the nature of a system and it should to adapt itself
in order to maintain its existence. If balance is not maintained, there will be a chaos within
the system and it will die. A system cannot be stagnant, it should adapt to changes in order
to survive. LGBT community has the right to this. We should not be deprived the one’s who
deserve it and after all they are person too which resides the same land, the Philippines.
They are part of the community of the Philippines, they are fellow Filipino citizens. People
need to unite for our own country in order to live in harmony to be like our neighboring
country. We shall rise and move to the success for our own good and it will start within the
people of the country. LGBT community just wants to be happy. They do not mean to harm
or be superior, they just want to be happy and its their right to be. As long as no right of
other that has been violated.