16 October 2014

PHL Will Not Recognize Same-Sex Marriage

Supreme Court
I’m not sure what it is in public office that sometime affects rationale thinking and makes elected officials loose all forms of decency and morality, but in the Philippines, that’s usually the case.

Take for instance Quezon City Mayor Herbert Bautista who has asked his council to look into the possibility of allowing same-sex marriage in the city. They can approve and implement an Anti-Discrimination Ordinance which aims to provide equal rights to all members of the Lesbian, Gay, Bisexual and Transgender (LGBT) community, but same-sex marriage?

Sometimes it pays to do your own research first before muttering passionate statements to the public that do more harm than good. It also won’t take a minute to think about the prevailing scenario to find out if one makes any sense at all.

Members of the loud minority may try to get the public’s attention because they what you might call 'kulang sa pansin,’ but it doesn’t mean the majority has to listen to them. Members of LGBT may try to land in the evening new by trying to emulate a religious ceremony to express their lust and mental disorder, but it doesn’t mean that they are legally protected and get the benefits that flow from ‘official’ marriage.

Philippine laws do not recognize and protect same-sex marriage. It never has and will probably never will. It doesn’t matter which religion Filipinos belong. Unlike certain matters — divorce, for instance, which is allowed for the Muslim community — the legal non-recognition of same-sex marriage applies to all groups and religions.

"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." This is part of the definition provided in Section 1 of the Family Code.

The Supreme Court stated in a 2007 case that one of the most sacred social institutions is a special contract of permanent union between a man and a woman, referring to the institution of marriage. One of its essential requisites of marriage is the legal capacity of the contracting parties who must be a male and a female.

The SC also noted that allowing a change of name by reason of a sex reassignment surgery (sex change) “will allow the union of a man with another man who has undergone sex reassignment (a male-to-female post-operative transsexual)”.

For those who think that they can get marry abroad and have it recognized locally, then they better think again. The Family Code provides in no uncertain terms that the couple must be a "man and a woman". While a same-sex marriage is allowed in a very FEW countries, it cannot be recognized here because it is contrary to law, public order and public policy.

The Constitution also provides that: "Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State" (Sec. 2, Article XV [Family]). While the Constitution does not explicitly provide that only a man and a woman may get married, the constitutional deliberations would show that marriage is between a man and a woman.

Now aren't you glad you still live in the Philippines where the rights of the majority are still protected and the loud, vulgar and indecent minority are still ... well, the minority?