Professional Documents
Culture Documents
CHAPTER I. INTRODUCTION
permanent union of man and a woman, and the foundation of the family
definition recognized by the law which eventually become one of the roots of
sex marriage around the world has been publicly noticeable in view of the
(2005), Spain (2005), South Africa (2006), Norway (2009), Sweden (2009),
(2013), England and Wales (2013), France (2013) New Zealand (2013),
effective 2017), Ireland (2015) and United States of America (2015) legalized
marriage for same sex couples.2 Though few more countries are in the
marriage bills has been introduced in 2006 followed by the 2011 proposed
right based on love shared between two human hearts and not two sets of
prejudice to LGBT couples.4 However, even after the Partylist took their
partys plea.
sex marriage will prevail in the country. Therefore, this research will create
this, marriage also constitutes equality beyond the realm of married life of
opposite sex but also same sex couples. This study will enlighten the
4 PH LGBT advocates welcome US legalization of gay marriage, available
fromhttp://mobile.abs-cbnnews.com/lifestyle/06/27/15/ph-lgbt-advocates-welcome-us-
legalization-gay-marriage/
4
importance of marriage and how it actually relates to the status quo of the
LGBT community in the Philippine setting. Also, the study will also identify
the impact of same sex marriage legalization within the Philippine laws by
implementation.
attention as LGBT community continuously fight for their rights and raise
marriage. Its adoption in the United States clearly made a huge mark of
the eyes of the law. However the question is, in the legal sense, is the
terms used by the Philippine Laws, the advantage it can make in the
authors of law.
The data collected from the secondary data serves only as
policy making and research directions. Nevertheless, the study may still be
governed by law.10
G.) Relationship -- an emotional or other connection between people.11
H.) Same Sex Marriage -also known as gay marriage or a homosexual
as union of man and woman which renders same sex unions not binding in
the eyes of law and constitutes no legal effect in terms of marital obligations
10 Legal Definitions and Legal Terms Defined, available from
http://definitions.uslegal.com/
marriage as a legal right of human thus its legalization is a must and not a
privilege.
very first country that legitimized same sex marriage in 2000. According to
increases the different-sex union rate. This suggests that there might be no
but does not carry its traditional meaning. And second, granting different
marriage, raised their legal perspective of same sex unions and their nods
over the rights of the LGBTs. Moninne Griffith's "The Case of Marriage
Irish people stated that lifting the marriage ban for same sex couples will
commitment and caring for our loved ones which lesbian and gay couples
doesnt want to change simply because what they only want is to have
access to it. And even though Civil Partnership exists, civil marriage was
with lesbian and gay parents turn out just fine and have found no
eyes of law. UNICEF even stated that All people regardless of race, gender,
protection and privileges under the law. With all these contentions, Ireland
clearly defined same sex marriage as an absolute legal right. Justice Sachs
10
harsh if oblique statement by the law that same-sex couples are outsiders,
and that their need for affirmation and protection of their intimate relations
issues even within LGBT communities. Some of her contentions are "How
It is true that both pros and cons have legal basis and points with
their own contentions regarding same sex marriage. Now, the next question
in line is, in the existence of these powerful arguments, what are the
2010 where in 14,813 of them had same sex marriage, in which 7,522 were
female and 7,291 were male.17 One in three couples had their relationships
officially registered and nearly 11 thousand couples were married and more
married partners for same sex couples gave them the advantage of building
17 Duncan, William C., "The Tenth Anniversary of Dutch Same-Sex Marriage: How is
Marriage doing in the Netherlands?", from iMAPP Research Brief Vol., 4, No. 3, May 2011
their own family. One of this is the automatic joint parental authority over
needed;
2. For lesbian marriage, a mother must be one of the couple.20
In addition, they also extend the right of adoption for same-sex couples.
Article 277 of Civil Code of Netherlands provided that they allow adoptions,
combination, as long as the partners have lived together for three years.21
This rights made equal treatment between different-sex couples and same-
child. In regards to their properties and debts, under their Private laws,
each partner are considered to have joint property and considered joint
debt. As for property taxes and income taxes, the couple may also take
imposed on this 4% profit. The fact that a relationship can result in a lower
property tax follows, no tax is imposed over the first circa EUR 19.000
informal cohabitation, such amount can be doubled for one of the partners
if the other partner is willing to forgo that tax-free threshold. If the latter
owns less than circa EUR 19.000, this will result in a lower tax for the
22
couple as a whole. Same-sex couples are also entitled with other legal
and their residence permit with restrictions, and even with testamentary
and education.23
union has also been held in Canada. The legal concept of marriage in
Canadian law is the union of one man and one woman to the exclusion of
all others which existed since the birth of Confederation.24 The opposite-
sex requirement for marriage, however, has been the root of debates in
2002 stating that marriage has legal consequences, which includes range of
benefits and obligations under federal law and under provincial and
and financial matters and others. Series of court decisions has held that
requiring couples of the same sex and couples of the opposite sex to have
26 Canadian Bar Association, "Submission on Bill C-38: Civil Marriage Act" June 2005
16
the Civil Marriage Act of 2005 made unity within the state of Canada,
immediate effects of law amendments has been outdone in the long run,
same-sex marriage made people around the world change their social
Philippines were the main hindrances that dismisses the petition of LGBT
the eyes of law. United States, a close ally of Philippines also went through
same-sex couples in the year 2015. The opposing opinion in the subject of
United States Supreme Court, which was later on, set aside by the latter.
agencies of the United States, the word marriage means only a legal union
between one man and one woman as husband and wife, and the word spouse
27 Defense of Marriage Act, One Hundred Fourth Congress of the United States of
America, January 1996
18
action built the confidence of other states to pass gay marriage bans
against those who are working to allow same-sex unions, either by court
few of the matters tackled. Thirty-six (36) states, by this time, released
by them. In the year of 2013, Supreme Court ruled the case of United
States vs. Windsor, which perspective impliedly bashed the gay marriage
bans, when the court overturned the Defense of Marriage Act, which barred
for benefits from federal programmes such as the Social Security pension
system and some tax allowances if their partners died. Afterwards, the
Court chose not to hear appeals against lower court rulings that had
19
overturned same-sex marriage bans. They argued that the Supreme Court
should strike down a state law, called Proposition 8, which stated that
voters in 2008, overrode a state Supreme Court decision that allowed for
licences to gay and lesbian couples and recognise marriages that have
divides the citizens of the country of whether or not, the approval of such
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
and not subject to stipulation, except that marriage settlements may fix the
28 How Legal Tide Turned on Same-Sex Marriage in the US, available from
http://www.bbc.com/news/world-us-canada-21943292
20
property relations during the marriage within the limits provided by this
Code.29
It was clearly expressed and indicated in the text of the law that
impliedly states that same-sex marriage is not binding in the law of the
problems, violence and abuse, and other marital obligations matters. Let us
take note that the Family Code of the Philippines specializes the coverage
will not just change the definition of marriage, will not just reclassify the
Code itself.
opposite sex in the Philippines. It was even supported by the principles and
between a female and another female, and between a male and another
couples. The denial of rights and benefits of same sex couple where the
countries, in which the roots of the problems of the citizen all goes down to
the state and possible resolutions are still being worked out by targeting
approved in the country, how well-off the state can be to support them? It
is known that married couples are given privileges, in which some of them
benefits. Who would subsidized such benefits for them? Would it be the
public sector? The private sector? Or the taxpayers itself? If such will
happen, then there may be changes to our tax laws and even to labor and
social legislations for the rights of same-sex couples over the benefits that
of the LGBT community. However, the question we are trying to figure out
legalization in the country. And with this all being said, yes. It is positive for
Philippines to have same-sex marriage in the country for the virtue of just,
Marriage in the Philippines. This study used data sets from secondary
the current setting, in social and legal manner. Such change may result to
marriage and family life, which will not be an easy task for legislators due
to its extensive scope. The Philippines must also observe economic stability
24
gender discrimination.
is not yet a good idea in the current setting as it will not only revolve
around the changes of law of marriage, but also to the capacity of ones
it in the economy and other relative laws concerning their rights and
obligation. It may have united multi-faith states in the past few years, and
it may have created freedom towards religion in some, however the capacity
relationship in the country, especially in the legal sense, to which the issue
may depend its constitutionality. And lastly, the definition of marriage and
equal rights must also be clarified and interpreted by the legislators and
judicial body to avoid conflicts involving rights and privileges of the people
BIBLIOGRAPHY
June 2005
31.5/page-1.html
from http://progressph.blogspot.com/2011/06/discriminatory-amen
dment-proposed-by.html
How Legal Tide Turned on Same-Sex Marriage in the US, available from
http://www.bbc.com/news/world-us-canada-21943292
http://definitions. uslegal.com/
/tags/poverty
http://mobile.abs-cbnnews.com/lifestyle/06/27/15/ph-lgbt-
advocates-welcome-us-legalization-gay-marriage/
http://www.chanrobles.com/executiveorderno209.htm.Vh1thfmqqkq
27
Do, or Do I?
GB/menu/themas/bevolking/publicaties/artikelen/archief/2011/20
11 3331wm.htm
marriageamixedblessing.
November 2009
http://www.rappler.com/nation/97804-same-sex-marriage-survey-
countries-same-sex-gay-marriage-legal/
CURRICULUM VITAE
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