Professional Documents
Culture Documents
College of Law
Butuan City
SAME-SEX MARRIAGE
IN THE PHILIPPINES
An Essay by
Alvin U. Pateres
2015
1 https://alastairadversaria.wordpress.com/2013/03/28/the-same-sex-marriage
2 https://en.wikipedia.org/wiki/LGBT_culture_in_the_Philippines
Although the Philippines has signed and ratified most of the core
human rights instruments, including the ICCPR, ICECSR, CEDAW, CRC,
CRPD, CERD and other human rights treaties, Philippine society and
culture maintain much prejudice towards the LGBT community, and
lacks basic sensitivity and recognition of the LGBT rights. Although a
number of laws mention sexual orientation or address same-sex
relations, such as The Magna Carta on Women 3, oftentimes the
references have negative impact on the human rights of LGBTs.
According to the Constitution4, the State guarantees full respect for
human rights and every person has the right to equal protection of the
laws, but sexual orientation and gender identity are not explicitly
mentioned. The Revised Penal Code of the Philippines, as well as other
criminal laws, does not have provisions punishing hate crimes. The
Philippines has no comprehensive anti-discrimination law. Only one city
has a local ordinance limited to workplace discrimination based on
sexual orientation and gender identity. There are specific antidiscrimination provisions in the PNP Code and the Magna Carta of
Social Workers5. Draft bills that protect sexual orientation and gender
identity have been filed in the Philippine Congress and are in different
committees. A number of government agencies have administrative
rules or policies that protect sexual orientation, and alternately, other
agencies have expressed policies that are discriminatory to their
employees or clients.
According to the Philippine LGBT Hate Crime Watch research 6 on
violence against the LGBT population in the Philippines, around 141
deaths of LGBTs with varying elements of motives of hate or bias,
extrajudicial killing, and/or discrimination-related violence related to
sexual orientation and gender identity have been documented in
media mass media reports and oral testimonies since 1996.
3 http://www.nscb.gov.ph/ru8/GAD/Magna_Carta_of_Women.pdf
4 Article 2, Section 11 and Article 3, Section 1, Philippine Constitution
5 5 Section 17, http://laws.chanrobles.com/ph/ra/republicactno9433.html &
http://www.dswd.gov.ph/phocadownload/irr/irrra9433final.pdf
6 http://www. http://thephilippinelgbthatecrimewatch.blogspot.com/
legislation
supporting
same-sex
marriage
in
the
homosexual
individuals
are denied
equal
rights
of
8 LeiLani Dowell (17 February 2005). "New Peoples Army recognizes same-sex marriage".
Workers World Party.
9 Aning, Jerome (1 March 2007). "Gay party-list group Ladlad out of the race". Philippine Daily
Inquirer.
10 "CHR backs Ang Ladlad in Comelec row". ABS-CBN News. 15 November 2009.
11 "SC allows Ang Ladlad to join May poll". ABS-CBN News.
themselves, their future spouses, their children and all those who care
about their happiness.
The question is, why? Why do these people choose to deny their
homosexual desires? Because the society puts too high a price on
coming out of the closet. You faced by ridicule and stigma amongst
your peers, which while shameful, is still something people can endure.
The higher price you pay is being forced to give up your dreams of a
family.
On a June 2013 article of Philippine Daily Inquirer, they stated
that Despite its religiosity, the Philippines is one of the countries in
the world where the level of public acceptance of homosexuals is
high, according to the results of the survey. The survey titled The
Global Divide on Homosexuality conducted by the US-based Pew
Research Center showed that 73 percent of adult Filipinos agreed with
the statement that homosexuality should be accepted by society, up
by nine percentage points from 2002. The percentage of Filipinos who
said society should not accept gays fell from 33 percent in 2002 to 26
percent this year. They further added that, The Philippines is said to
be one of the most religious countries in the world and almost a third
of its population lives below the poverty line. In the surveys religiosity
scale where a score of 3 was the most religious, the Philippines
almost got 2.5. Age is also a factor in several countries, with younger
respondents offering far more tolerant views than older ones, the
survey report said. And while gender differences are not prevalent, in
those countries where they are, women are consistently more
accepting of homosexuality than men, it added. In the Philippines, 78
percent of those aged 18-29 who were interviewed said gays should be
accepted, 71 percent for those aged 30-49, and 68 percent for those
50 years old and above, according to the survey. The report also
showed that of the eight countries surveyed in the Asia-Pacific region,
the Philippines had the second highest acceptance rate next to
Australias 79 percent. However, Filipino gay groups were not
impressed by the survey results. When asked if the gay community in
the Philippines felt accepted, Jonas Bagas, executive director of the TLF
Share Collective, said: Hardly. He added, I think that the study only
reflects the perceived acceptance of the LGBT community based on
14 http://www.gaystarnews.com/article/philippines-law-experts-denying-gay-marriageunconstitutional091014/
just
let
it
collapse
under
the
weight
of
its
internal
contradictions.16
15 http://www.gmanetwork.com/news/story/511498/news/nation/phl-laws-need-revision-toallow-same-sex-marriage-atty-kapunan
16 http://www.rappler.com/thought-leaders/5223-same-sex-marriage-in-the-philippines
persons
to choose
ones
sex and to
correct
legal
20 http://www.chanrobles.com/scdecisions/jurisprudence2008/september2008/166676.php
21 Page 183 , http://www.icj.org/dwn/ database/Sexual%20Orientation,%20Gender%20Identity
%20and%20Justice- %20A%20Comparative%20Law%20Casebook[1].pdf
In many
life."32
27 http://www.tressugar.com/2882164
28 http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2004/02/27/MNG1H59R5Q1.DTL
29 Garnets, Linda D.; Douglas C. Kimmel (1993). Psychological Perspectives on Lesbian and
Gay Male Experiences. Columbia University Press
30 http://www.guardian.co.uk/society/2008/nov/12/gay-adoption
31 http://gaymarriage.procon.org/
32 Art. 1, Family Code
custody, and the like, cannot be equittably dealt with between straight
couples and gay gouples unless all couples enter into marriage
regimes. For one thing, a lot of administrative and social barriers to
custody persist even when marriage is extended to gay persons. Gay
couples in South Africa, including married ones, sometimes struggle to
access parental rights due to administrative and social hurdles. This
evidences the fact that same-sex marriage is NOT the panacea for
substantive equality. Conversely, gay persons' right to adopt children,
by way of example, was legally recognised before gay marriage was
legalised in South Africa. This speaks to the fact that each of these
social policy issues can be, and tend to be, independently debated and
decided. Proposition is, without evidence, assuming that there is a
necessary connection between them. Homosexuals are just as capable
as heterosexuals of being faithful or of being promiscuous, and many
married couples still experiment with infidelity.36
35 https://alastairadversaria.wordpress.com/2013/03/28/the-same-sex-marriage-debatequestions-and-answers/
36 http://en.wikipedia.org/wiki/Kinsey_Reports#cite_note-15
Children need both a mother and a father. Girls who are raised
apart from their fathers are reportedly at higher risk for early sexual
activity and teenage pregnancy.37 Children without a mother are
deprived of the emotional security and unique advice that mothers
provide. A 2012 study by Mark Regnerus, PhD, Associate Professor of
Sociology at the University of Texas at Austin,found that children raised
by parents who had same-sex relationships suffered more difficulties in
life (including sexual abuse and unemployment in later life) than
children raised by "intact biological famil[ies]." 38 Doug Mainwaring, the
openly gay co-founder of National Capital Tea Party Patriots, stated that
"it became increasingly apparent to me, even if I found somebody else
exactly like me, who loved my kids as much as I do, there would still be
a gaping hole in their lives because they need a mom... I don't want to
see children being engineered for same-sex couples where there is
either a mom missing or a dad missing."
39
Jr.,
member
of
the Philippine
House
of
37 Bruce J. Ellis, "Does Father Absence Place Daughters at Special Risk for Early Sexual
Activity and Teenage Pregnancy?" Child Development, May 2003
38 Mark Regnerus, "How Different Are the Adult Children of Parents Who Have Same-Sex
Relationships? Findings from the New Family Structures Study,"Social Science Research, 2012
39 Napp Nazworth, "Kids Need Both Mom and Dad, Says Gay Man Opposed to Gay Marriage,"
christianpost.com, Jan. 28, 2013
40 http://newsinfo.inquirer.net/701494/speaker-belmonte-same-sex-marriage-law-in-phimpossible#ixzz3hJRaewyG
41 http://www.gmanetwork.com/news/story/512106/news/nation/chances-congress-willlegalize-same-sex-marriage-slim-and-none