LOZANO, MARIVIC ZACARIAS Legal Research-Set C SAME SEX MARRIAGE

JULY 4, 2013

Today, Gays and Lesbian are widely accepted in our country. In the past, the discrimination against gay people is inevitable. People accepted the fact of the existence of Third sex and same sex relationship. Various organizations and associations of Gays and Lesbians fight their right for same sex marriage.

In our generation, all rights of men, women and third sex are equally exercised, their role and influence is recognized and valued. Despite the acceptance, controversies and arguments arise when homosexuals started proposing the idea of legalizing "same-sex marriage".

In a Roman Catholic country. The Church has strong opposition on same sex marriage. They believe that God created only two gender, the male and female. The Catholic Church opposes gay marriage and the social acceptance of homosexuality and same-sex relationships, but teaches that homosexual persons deserve respect, justice and pastoral care. The Vatican and Pope Francis are speaking out against the growing number of places that recognize same-sex marriage.

From a legal point of view, of the Philippines, 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. (Title 1, Chapter 1, Article 1) In addition to the formal mention of marriage with specific reference to a man and a woman which as a matter of course, excludes the so called Same Sex Marriage the more signal contents of the above legal understanding of marriage that make the latter a formal special contract according to the Family Code of the Philippines, are the following: Permanent union: Permanence is a categorical element of marriage. As a union, marriage is insoluble once it is entered into validly by a qualified/capable man and woman. Thus it is that marriage is a covenant between a husband and wife that is lasting, persevering, continuous and

stable during the lifetime of the spouses. On the other hand, divorce says and affirms that marriage is but a temporary union subject to the personal desire and/or design of either or both spouses. Precisely, the possibility of divorce is categorically contrary to marriage as a permanent union.Conjugal life: Conjugal life is a constitutional feature of marriage. In other words, in and during marriage, the spouses undergo sadness and delight, pains and joys, successes and failures together. This is the understanding and reality, the nature and implication of a conjugal union, viz., a life of sharing the burdens and rewards, the blessings and difficulties of married life. Divorce is thus anything but affirmation of conjugal life in the sense that marriage lasts only long as long as one or both the husband and/or wife want it to be. Family life: Family life is inherent to marriage. Father, mother and child/children this is the standard tripod of marriage. Let it be well-noted that the husband and wife as spouses make marriage a conjugal life. It is their child/children that make them have a live a family life. It is under the said reality of marriage that the children born therein, are given due importance even but with the thought that the first casualty/victims of a broken marriage or divorce is/are nobody else than the child/children both of a conjugal union. Marriage is a free and deliberate choice of the man and woman concerned. But after their marriage-in-fact, to get rid of their marriage is already beyond their merely personal unilateral or bilateral decision. Otherwise, they should not get married at all even but considering that the qualification of someone as married has immediate reference to his or her status which does not come or go merely at the will of the husband and/or wife. In more simple words, those who not subscribe to the truth that marriage is a permanent as a conjugal and/or family living, should not get married at all. This is but logical, but rational. The issue on legalizing same-sex marriage has been going on for decades. It has received a lot of objection and opposition since it contradicts the accustomed meaning of marriage as a "union between a man and a woman". Though there have been few countries which have approved or have begun to legally formalizing marriage between same sex marriage like Canada, Italy and etc. Still the majority of countries do not recognize this kind of marriage. According to Family Code, marriage is a union between a man and a woman but in our constitution Bill of Rights, Section I. 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. In our constitution it is stated in Article II Section 6 The separation of Church and State shall be inviolable. Being a catholic country, majority of the people share the same opinions with the Church. But, if we consider the third sex and same sex marriage as immoral, then the discrimination is present against gays and Lesbians. Equality is what the Law of the Land and the Law of the Church wanted to give to their people, that every one deserve to be treated fairly and just, with that principle, we are not only talking about men and women because there are lesbians and gays that is part of our citizenry. Yes, it may be true that if we legalize same sex marriage in our country, the values formation of our children will be in a different perspective.

We can never deny the fact that third sex is a part of our society, like men and women they have an important role and influence in the Society. Right to marry and to choose whom to marry in the spirit of fairness is due to them. They deserve more than just respect but a love and family that they deserve.

As a Roman Catholic, I believe the teaching of the church in general, because it gives people the distinction between right and wrong. But in my personal opinion, it is not wrong to give equal rights to the third sex as long as it will not affect directly or will give harm against other people.

With an open mind I am yes to same sex marriage.

Tom Head, Marriage Amendment 2 L.M V. Godoy, The Struggle for Marriage Equality in the Phil 3 Archbishop Oscar V. Cruz, Viewpoints