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Legality

The first same-sex union in modern history with government recognition was started in Denmark in 1989.

Nowadays civil unions, civil partnership, domestic partnership, unregistered partnership/unregistered co-habitation or registered partnerships offer varying amounts of the benefits of marriage and are available in: Andorra, Australia, Colombia, Croatia, Czech Republic, Denmark, Finland, France, Germany, Hungary, Iceland, Israel, Luxembourg, New Zealand, Portugal, Slovenia, Sweden, Switzerland, the United Kingdom and Uruguay. They are also available in some parts of Argentina, Brazil (Rio Grande do Sul), Mexico (Federal District and Coahuila), the U.S. states of California, Hawaii, Maine, New Hampshire, New Jersey, Oregon, Vermont, Washington, and the District of Columbia (Washington, D.C.). You once it started in one country almost 20 percent of the world are trying to engage same sex marriage.

Majority of these countries are focusing on civil rights of the couple, such as in England that they have laws pertaining to relationship status in the society and all. These things are their programs to maintain the good relationship of the couple.

Many lesbians and gays would say that if they are not given the rights to get married with their same sex lovers, they are discriminated or being abandon by their community. And because of their number they could threaten a candidate for the support in the coming election. Thus gives candidates substantial reasons to find ways to answer the demand of these individuals. Furthermore majority of these individuals are professionals and have contributed a lot in the community that is why, they ask for their civil rights of getting married.

In Mexico City, since the enactment of the first law in Latin America (March 4, 2010) seven hundred gay and lesbian have married, Three hundred sixty seven between men and three hundred thirty three between women. The government said that 73 foreigners were among those married, and the rest were Mexican citizens. It says nine of those who got married were between the ages of 71 and 90 years old. In Maryland, a bill allowing same sex marriage passed the senate judicial proceedings committee by a vote of 7-4. The bill changes the definition of marriage from between a man and a woman to between individuals. As of the present, Maryland recognizes same-sex marriages from other states. It was heard that Philippines had conducted its first same-sex marriage in 2005. But the ceremony was performed within the New Peoples Army of the Philippines which then didnt recognized by the government. It was also reported that the Metropolitan Community Church Philippines has been conducting same sex holy unions since 1991. The legality of same-sex marriage in the Philippines is too far a reality to the homosexual relationships that have wanted to get married the same way as of with the heterosexual partners. The same sex relationship (as what had been claimed by those who are into this kind of relationship) does not particularly required what sexuality should only be capable of expressing affection or love. And if humans are bound to love and be loved, so are homosexual.

Illegality Contrary to that, the family code of the Philippines provides the following requisites of marriage: Article 1. 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. Article 2. No marriage shall be valid, 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. Clearly, same-sex marriage lacks the first essential requisite of marriage which is the heterosexuality of contracting parties. Filipinos respect Marriage a lot and that is why there is no law pertaining to divorce, but only annulment of marriage, which is very timely and costly before you could have an approval. Making it short, Filipinos are trying to protect every family removing their minds from any doubt of leaving their spouses. Filipinos believe that Love is always around, even when things get tough, rough, or chaotic, love will shine again and grow again. Same sex marriage would trigger to destroy the culture of the Filipinos pertaining to Family. And at the end, Filipinos would suffer from moral issues in their families, which in the eyes of every Filipino family a disaster. Citing existing public policy and jurisprudence, Bohol First District Congressman Rene Lopez Relampagos said that certain marriages contracted abroad cannot be held as valid here in the Philippines. New values, ideas, and paradigms have made their way in the lives of the Filipino people and also in our laws and jurisprudence since the enactment of the Family Code in 1987, particularly, among others, on issues about marriage,. On same-sex marriages, the bill states that Philippine public policy expressly recognizes only marriages celebrated between a man and a woman with legal capacity to marry and thus a same-sex marriage between Filipinos held in a country which recognizes such marriages cannot be held as valid in the Philippines. Aside from the provisions in the Family Code, the bill also cites, in its prefatory section, Article 15 of the Civil Code, which provides that laws relating to family rights and duties, or to status, condition and legal capacity of persons are binding upon citizens of the Philippines, even though living abroad, and Article 17, also of the Civil Code, which states that prohibitive laws concerning persons, their acts or property, and those which have for their object public order, public policy and good customsshall not be rendered ineffective by laws or judgments promulgated, or by determinations or conventions agreed upon in a foreign country. These provisions also stand, as pronounced in Philippine jurisprudence, that a person has legal capacity to marry only a person of the opposite sex and that this limitation will follow the Filipino anywhere in the world.

Another anti-gay bill is being considered in government, this time in the Philippines, where the Population and Family Relations Committee is reviewing House Bill 6919, which was put forth by House Representative Bienvenido Abante Jr. and explicitly criminalizes same-sex marriage with punishment for couples and officiants of up to 15 years in prison along with a hefty fine. Mr. Abante, who is a Baptist pastor has been a long-time political opponent of LGBT rights legislation in the Southeast Asian country of approximately 92 million inhabitants. The bill penalizes several acts: 1. Failure to declare ones true sex or gender for the purpose of securing a marriage license. The penalty is imprisonment from 7 to 12 years and a fine ranging from P50, 000 to P100, 000. 2. The issuance of marriage license to persons of the same sex or gender, which it seeks to penalize with imprisonment from 6 to 10 years and a fine from P50, 000 to P100, 000. 3. solemnization of marriage between persons of the same sex or gender (same penalty ) 4. Cohabitation between persons of the same sex or gender who live together as husband and wife. This merits the highest penalty: imprisonment from 10 to 15 years and a fine from P100, 000 to P150, 000.

A study on short-term same-sex marriages in Norway and Sweden found that divorce rates were higher in same-sex marriages than in oppositesex marriages, and that unions of lesbians are considerably less stable, or more dynamic, than unions of gay men. Conversely, in the United Kingdom the divorce rate is a mere one percent for gays and is much lower in Denmark. The authors cited that this may be due to same-sex couples "noninvolvement in joint parenthood", "lower exposure to normative pressure about the necessity of life-long unions" as well as differing motivations for getting married.

Conclusion

Philippines is the only Christian dominant country in Asia and it is 3rd in the World. Filipinos valued marriage a lot and respect its meaning and its purpose in the cycle of life. Furthermore Filipinos are applying in their culture the Christian virtues and that includes marriage.

If you try to study carefully the definition of Same Sex marriage, it only focus to the Civil concerns of the same-sex couple and have not even tackle on the Family, religion, culture and Moral concerns. These excluded concerns are the factors that should be given importance in marriage. It is the pillar for making a good and healthy marriage. Relying on Civil rights of individuals could not defend a married life of the couple, try to think of a couple with same sex, can they last as married couple for 5 years without cheating each other? How can they make their union into family, they could not raise a child.

In other parts of the world, they are making it Legal! They believe that the Lesbians must be given the rights to have a married life. And guess what happen to these countries, AIDS victims are increasing! Sexual transmitted diseases are spreading around. Because they have the rights to be what they are, then they can do what they want. And because of this Same Sex Marriage, there are many divorces and separation of many same-sex couples. And for the country it turns out a best business for their states economy. Well, I do believe that there are many wonderful and healthy same-sex couples out there but again, we cannot say if they could keep their relationship last for many years.

Majority of these countries are focusing on civil rights of the couple, such as in England that they have laws pertaining to relationship status in the society and all. These things are their programs to maintain the good relationship of the couple. But as what i have explained it is no Guarantee at all that having a strong legal programs can keep a relationship if both of you are having the same sex. It will never be called a Family! Others would adopt a child to have a family. And the next big problem is how you can explain to

your child that you have 2 mothers or 2 fathers. It does really affect the child's moral understanding.

Many lesbians and gays would say that if they are not given the rights to get married with their same sex lovers, they are discriminated or being abandoned by their community. But looking deeper to it, they are not abandoned or being discriminated, it is just a law in our moral understanding and a law also in the eyes of God, that same sex marriage is an immoral act of defying God's law to marriage.

Filipinos respect Marriage a lot and that is why there is no law pertaining to divorce, but only annulment of marriage, which is very timely and costly before you could have an approval. Making it short, Filipinos are trying to protect every family removing their minds from any doubt of leaving their spouses. Filipinos believe that Love is always around, even when things get tough, rough, or chaotic, love will shine again and grows again. Same sex marriage would trigger to destroy the culture of the Filipinos pertaining to Family. And at the end Filipinos would suffer from moral issues in their families, which in the eyes of every Filipino family a disaster.

Therefore, same sex marriage should not be legalized here in our country. A lot of reasons affect the decision or the side the group chose not to favour same sex marriage, one of the reasons why is the fact that Philippines is a Christian country. Same sex marriage is against the moral of Filipino people, we all know that Filipino value our morals and traditions as priceless items that are meant to be kept safe and un touched. Another reason is the law of the land, as stated above, the family code of the Philippines only allow persons of opposite sex to be married. Further more amendments of the said code is costly and burdensome to the legislators, it would also cause dilemma to the community especially to the Catholic Church.

REFERENCES:

http://en.wikipedia.org/wiki/Same-sex_marriage http://www.religioustolerance.org/hom_marr.htm http://marriage.about.com/od/samesexmarriage/SameSex_Marriage.htm http://attyatwork.com/same-sex-marriage-call-for-arguments/

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