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Chapter II
This chapter reviews the relevant literature which is related to the study.
The review focuses on information about the feasibility of legalizing third sex
marriage in the Philippines, as well as its ethical, moral, and legal implications, as
Marriage
through which one woman and one man, who possess the ability to go into the
said agreement, equally promise to be together within the bond of wife and
husband under the law for a lifetime or up to the lawful end of the bond.
the woman. Going into a contract of marriage changes the lawful status of all
parties, providing the wife and husband new obligations and rights.
The public policy stands strongly approving of marriages based upon the
dictionary.thefreedictionary.com/marriage)
10
Same-Sex Marriage
marriages, are either through a civil or religious ceremony. In the latter part of
be increasingly usual. The initial law allowing for the wedding of persons of
America and the United Kingdom, allow couples of the same sex to get married.
A comparable Finland law isn’t yet effective. Polls display rising backing
Americas, and for the most part of Europe. South Africa, by 2015, however,
stays the sole African nation where the marriage of the same sex is
for couples of the same, Israel consents of same-sex weddings performed out of
the country.
The institution of marriage laws on couples of the same sex has differed
change towards laws on marriage, a law court decision based upon constitutional
relationships with the same sex should be permitted marriage or certain similar
the same sex who shell out their duties with services to the government and
visitation privileges and inheritance. Various religious communities all over the
planet support permitting people of similar sex to get married, while countless
the right of offspring to be nurtured by their natural father and mother or eat away
sex_marriage)
now have nationwide laws permitting lesbians and gays to get married, mostly
within America and Europe. In Mexico, certain jurisdictions let same-sex pairs
Colombia (2016)
in April of 2016. The first three countries legalizing same-sex marriage were
decided that its people exist free to select independently towards starting a family
management under the law and the constitution, as stated by the Agence
France-Presse.
Massachusetts, the United States Supreme Court declared that the charter
guarantees it all over the nation. The five against four decision supports partially
the explanation of the court’s 14th Amendment, besides stating that restricting
marriage exclusively to couples of the opposite sex violates the guarantee of the
same protection in the law as cited in the said amendment. Before the verdict,
Greenland (2015)
however, passed a proposed law in May of 2015 legalizing gay marriage. Take
Ireland (2015)
Irish Times” before the vote, stating that he will not advise people on how to
squeeze his religious opinions down the throat of other people. The affirmative
Finland (2015)
Gay marriage shall become authorized in Finland this year, 2017. The
November of 2014, besides Finland’s head, Sauli Niinistö, endorsed the bill into a
containing 167,000 names and signatures. Finland turned out to be the fifth
as well as Sweden.
Luxembourg (2014)
couples to marry and adopt kids. The proposed law that took effect early in
matrimonial laws, the primary major revision since 1804. Aside from allowing
gay couples to get married and adopt children, the law sets the lawful marrying
age of 18 years and removes the current requirement that pairs who wish to get
Scotland (2014)
same-sex pairs to marry and gives churches, besides other spiritual groups the
Scotland’s two biggest churches, the Roman Catholic Church and Church
proposed law. The bill took effect, however, and gay couples started marrying in
The day prior to the said date, the bill won ultimate passage within the British
The bill applies only to Wales and England because Northern Ireland and
Scotland are largely self-governing and own separate lawmaking bodies towards
deciding many local issues, counting the description of matrimony. Though the
legislature of Northern Ireland in April 2014 chose a bill that will legalize gay
the second month of 2014. The newly passed law in Wales and England, which
stayed of importance for David Cameron, leader of the Conservative Party and
the British Prime Minister, permitted lesbian and gay couples to get married
beginning the 29th of March, 2014. The law, however, prohibits gay weddings in
Brazil (2013)
On the 14th of May 2013, the National Council of Justice of Brazil ruled
that gay couples must be allowed marriage certificates, allowing gay marriages to
start nationwide. Previous to that, about 50% of the 27 jurisdictions of Brazil had
Council of Justice to the Supreme Court. As Brazil’s legislative body may need
to weigh the matter, it leaves some doubt surrounding the prospect of gay
France (2013)
authorized into a rule a bill legalizing gay marriage. This made France the 14 th
Although the law had obtained the approval of the Senate and the
National Assembly in April, the president’s signature needed to wait till a law
court trial filed by UMP, the conventional opposition party, was determined.
On the 17th of May, the Constitutional Council, the chief court of France,
decided that the proposed and approved bill remained constitutional. In the
middle of 2012, President Hollande stood elected, besides his Socialist Party
obtained the majority of the votes in all houses of the legislature of France.
Hollande pushed a bill that doesn’t just legalize gay marriage, but likewise gives
17
lesbian and gay couples the entitlement to adopt kids, a stipulation that has
caused especially tough criticism from the leaders of the French Catholic.
While current polls display that the majority of adults in France support the
bill, opposition towards the modification has been extreme. Since the onset of
On the 17th of April 2013, the Parliament of New Zealand gave ultimate
the Pacific isle nation, became the 13th nation on the globe and the pioneer in the
of the country, including approval from John Key, the Prime Minister, and existed
The 2013 bill doesn’t just legalize gay marriage, but similarly allowed lesbian and
Uruguay (2013)
regulation legalizing gay marriage, seven days after the Senate of the country did
as well. The proposed bill was signed into law by President José Mujica on the
third day of May, making the said country the second in Latin American to
lesbian and gay couples given the right to adopt children in 2009. Uruguay stays
among the highly secular nations in Latin America. A study conducted by the
Pew Research Center on the worldwide religious setting in 2010 discovered that
nearly 40% Uruguayans remain not affiliated with a specific religion. About 58%
Denmark (2012)
legalizing same-sex marriage. The bill was made into a law within the next
couple of days when the bill got the royal assent of Queen Margrethe II. Back in
register partnerships with the entitlement of adopting children. Together with the
which remains the church of the state, required the permission of same-sex pairs
to wed in a church.
worship or not.
Argentina (2010)
disagreement from the fervent Protestant churches and the Catholic Church, the
bill passed all sections of the legislative body of Argentina and stayed signed into
The decree grants gay couples, who get married, all the responsibilities
adopt kids. 10 years before the passing of the gay marriage ruling, a few local
areas, including Buenos Aires, the capital of the nation, had passed laws
Portugal (2010)
same-sex weddings. Its assembly had enacted the bill legalizing same-sex
20
marriage previously, but resulting to its ratification, Anibal Cavaco Silva, the
president of Portugal, requested the Constitutional Court for the review of the bill.
accordance with the constitution. It was then signed by the president in May
2010 and became effective in June of the same year. Portugal’s same-sex
marriage edict doesn’t give wedded same-sex pairs the entitlement to adopt kids.
Iceland (2010)
A bill legalizing gay marriage was ratified by the Icelandic legislative body
in June of 2010. Open opinion survey before the voting indicated extensive
support on behalf of the bill and got 100% support from the legislature members
early as 1996.
taking effect in the latter part of June 2010, Johanna Sigurdardottir, the prime
Sweden (2009)
towards legalizing same-sex weddings. Swedish gay pairs had been permitted
to enlist for pubic unions as early as 1995. The law passed in 2009 allows
21
lesbians and gays to get married in civil and religious ceremonies equally,
Swedish belong to, has presented blessings on behalf of same-sex unions since
January of 2007. In October of 2009, the governing board of the church voted
Norway (2009)
permitted to wed, adopt kids, and go through artificial fertilization. The newly
passed law switched a 1993 statute permitting public unions. The law was
passed in 2009 despite conflict from associates of the Progress and the Christian
Democratic Parties, and an open controversy across state financial support for
newly passed law, the leaders of the church voted towards prohibiting its
2006, a year following the highest court of the country’s ruling that the earlier
22
privileges. The newly passed law permits religious organizations and public
that detractors claim to intrude upon the privileges of gay partners under the
charter.
The new bill ratified by a surplus of more than five affirmative to one
negative vote, with backing coming from equally the ruling National Congress of
South Africa and Democratic Alliance, the principal opposition faction. The old
king of the people of the Zulu, however, who accounted for around 20% of the
population of the country, upholds that homosexuality stays morally off beam.
Spain (2005)
orientation. The newly passed bill added language towards the present marriage
law, which currently states that marriage shall have the equal requirements,
besides results once two persons enter into the agreement exists of the different
strongly disapprove the statute, and huge crowds protested in Madrid in support
and contradiction of the bill. After it became effective, the constitutional court of
the country rejected disputes from two judges of municipal courts who refused
23
wedding licenses towards same-sex pairs. The upper court decided that the
minor court adjudicators lacked lawful standing towards bringing the lawsuits.
Canada (2005)
marriage laws to lesbian and gay couples. By way of a sequence of law court
lawful nationwide. In the next year, 2006, politicians defeated an initiative by the
majority Canadian Conservative Party to reassess the matter, leaving the statute
unchanged.
Belgium (2003)
providing lesbian and gay couples a similar tax, besides inheritance privileges as
Support aimed at the statute came from the French-speaking South and
the Flemish-speaking North equally, and the statute generated amazingly little
24
The 2003 statute allowed the weddings of same-sex pairs in Belgium and
weddings were legal. Those stipulations were widened in 2004 towards allowing
any gay couple towards marrying provided one of the pairs had resided in the
The Netherlands, in the last month of 2000, became the initial country to
a three is to one margin, a milestone bill permitting the custom. The legislative
body gave gay couples the privilege to get married, divorce, as well as adopt
kids.
The legislative body altered one sentence within the present civil wedding
statute that now states that a wedding can be signed by a couple of the same or
different sex. The sole opposition within the parliament originated from the
Christian Democratic Party that at that time wasn’t a member of the ruling
coalition.
which at that time represented around 12% of the population of the country,
25
wedding ceremonies or not. Although the traditional Christian sets and Muslims
continue to clash with the statute, same-sex weddings are widely received by the
Mexico (2009)
The Supreme Court of Mexico issued a law in 2015 creating it very easy
for lesbian and gay couples to get married. The ruling gave gay couples the
weddings in 2010, stating that gay marriages undertaken in the city existed valid,
besides being accepted all throughout the nation. Mexico City legalized same-
Starting 2011, the Mexican Quintana Roo state also allowed same-sex
http://www.pewforum.org/2015/06/26/gay-marriage-around-the-world-
2013/#argentina)
26
well-being because they could also revel in the benefits and rights of any normal
Filipino citizen living outside or inside the country. LGBT individuals can obtain
their complete potential when given the entire freedom and rights as that of
The children of this generation represent the future of the Philippines and
it’s the best interest of the country to back their progress, notwithstanding who
their parents are. The rejection of gay marriage can badly affect the children
nurtured by gay couples. They could always be singled out and harassed by
The authorization of gay weddings in other nations has been seen for
some time to offer a boost to the economy. Planning for weddings is among the
finest businesses that stay on the rise. Small companies on wedding preparation
and reception in cities can increase their potential customers by twofold if gay
marriage stands legalized. Reports stated that the New York State made a
Unmarried gay couples from nations where gay marriage remains illegal,
frequently find themselves in conflict. They have the tendency to experience low
exercise of his own faith without the interference of the government of the leading
church. The fairest and most ethical method, which considers all persons equally
At hand are other benefits a wedded gay couple could enjoy, such as
employee’s subsidies, paternal or maternal leave, insurance for the family, real
sanctioning same-sex weddings. The highly dominant faith in the Philippines, the
Roman Catholic, is the top opponent of same-sex marriage, although it’s always
with no any strong preventive measures issued from Vatican City. And similar to
it are the issue of pregnancy among nuns. Same-sex marriage in the country
should be legally valid for the benefit of everybody. There’s no practical reason
legalizing-same-sex-marriage-in-ph-is-good-for-all-filipinos/)
harmed his Nike endorsement deal and presently caused his being excluded
from a famous LA shopping complex, The Grove, for another time. The
welterweight boxer ignited a blaze when he stated that the animals or beasts
were better off than gay folks during his appearance on a TV talk show in the
based on his faith towards the same-sex community, faced a massive backlash,
besides eventually making him apologize while appealing his intention was not to
judge anyone.
29
He likewise said that he’s rather following the Lord’s commandment than
conforming to the craving of the body. He firmly believes that he’s just saying the
facts based on what is said in the Holy Bible. His lukewarm apologies, however,
did almost nothing to appease his detractors, including The Grove’s owner, an
upscale shopping complex within the vicinity of the training center he currently
Pacquiao, as well as his staff, was allegedly spotted at the mall watching a
Thus, they possess the right to feel comfortable and, as a result, no longer
welcome Manny Pacquiao. The Grove actually had banned Manny Pacquiao
before for his anti-gay grandiloquence last 2012. The shopping mall took the
issue with the boxer’s critical remarks allegedly made in response to the support
for the third sex to be executed, the first ban was canceled. The comments of
Caruso weren’t dissimilar from that of Nike’s that ended a relationship of decades
Also, Nike firmly opposes bias of all kinds, besides having a lengthy
Cyd Zeigler, the managing editor of OutSports, also told MSNBC that
banning Pacquiao was an added step in the march of Nike towards equality.
Being gay, he further added that comparing her husband and herself to beasts or
telling that they are worse than wildlife will never work for any major company,
Nike included.
Some of the peers of Pacquiao in the boxing world have likewise moved
away from him. WWE superstar and actor David Bautista, having an explicitly
gay mom, is publicly calling Pacquaio a fucking idiot. In addition, Ronda Rousey,
former unbeaten UFC champion, also have been disapproving of Pacquiao to the
point of recently informing TMZ that she understands that lots of persons use
saying that they should allow people to live lives in the manner they wish to do
so. In another interview, he told TMZ that the each to each own principle should
be respected.
Meanwhile, aside from his following fight that’s anticipated to be the last,
Pacquiao pursues a seat in the Senate of the country. He has worked for the
House of Representatives of the Philippines since 2007 and earned a name for a
Will Liza Diño and Aiza Seguerra challenge the meaning of matrimony in
the Philippines?
federal welfares, protection, besides services to the entire American married gay
multi-talented singer and actress Aiza Seguerra recently proposed to wed her
numerous “kababayans” all over the globe, as shown by the happy reaction to
the newscast on the mood meter of Rappler.com. This evidences that countless
celebrity.
her childhood days being the funny cute little miss of Eat Bulaga until now as a
32
the engagement of the couple, there also are those who inquire how the pair can
conceivably marry.
Same-sex weddings are not lawful in the country after all! And even when
they marry in California, USA, as reportedly planned, their wedding will never be
accepted in their native country. This signifies that should Liza and Aiza get
married in the United States and fully acknowledged as a couple in the US, they
would still not be capable of enjoying the welfares and security accorded by the
majors in human rights and international law, said that the options Liza and Aiza
holder of a green card becomes an American citizen, the couple can be married
in any state wherein gay weddings are legal. Then, they can be able to own all
the protection and benefits the Philippine decrees give towards heterosexual
A clash of rulings under the global law could arise when you tackle marital
and property entitlements of gay couples wedded outside of America and stay as
citizens of the US, but have opted to reside permanently within the country, have
some Philippine property investments, and any or both of the parties decide
Attorney Valera mentioned that the bordering conflict of edicts under the
global law remains between the edict legally acknowledging same-sex marriage,
as well as Family Code’s Article 26, which stipulates that all weddings
solemnized elsewhere the country in agreement with the effective rulings in the
United States, for example, where they stood solemnized and lawful there shall
Take note that Articles 35 (1), (4), and (6), 36, 37, and 38 (71a) are
doesn’t mention Same-Sex Marriages by way of VOID since it’s excluded from
the list. The Family Code, however, in Article 1 describes this by way of between
This applies, however, only to citizens of the Philippines who signed up for
marriage within the country. He clarified that the Philippines’ Family Code is
essential civil liberty and right of a person or individual, this Family Code portion
unconstitutional.
Valera further said that the pair should marry in California as intended. He
expounded that the Liza-Aiza marriage would raise a legal challenge versus the
definition of matrimony in the Civil Code based upon equal security laws. The
34
adequate.
Philippines doesn’t define matrimony as a lawful union amid one woman and a
man as cited in Section 1 of Article XV. The country recognizes the family in the
care, and superior protection from any form of abuse, neglect, cruelty,
Section 4 states that the family holds the responsibility to support its aged
members, yet the government may likewise do so by way of its just agendas of
social safety. Valera stated that it’s the Philippine Family Code that defines
pointed out that it’s a strong legal position for the lawful dispute of the Philippine
35
Family Code. The charter has preeminence and is the ultimate ruling of the
country.
Thus, should Liza and Aiza creates a historical record and defies the
prohibitions within the nation's almost three decades old Family Code. The
attorney, who branded himself by way of a clear gay person in his petition filed
last May 18, argued that restricting civil weddings and the privileges that
accompany such agreements to people of the opposite sex violate the protection
Jesus Nicardo Falcis III, the petitioner, said that the restrictions enforced
by the Family Code of 1987 just favoring marriages between people of the
opposite sex revoked the Civil Code of 1949, which failed to make such a
difference. His request was given to the Supreme Court a couple of days prior to
He expressed happiness with the change as it gave him optimism that the
Catholic nation can consent to gays being equal within the law’s point of view.
36
spiritual views, besides legal or secular views. He further added that a person’s
Filipino lesbians, gays, bisexuals, and transgender all throughout the Philippines
who exist deprived of walking down the church’s aisle with the person they love
or want.
The petition said that those who follow same-sex relations despite the
dishonor are not provided by the pack of privileges that arise from a lawful
and visitation rights, real estate, and similar privileges bestowed to those having
and must be considered as a subject of the same protection over the law instead
matrimony.
hold matrimony as an eternal union directed toward the union of the wife and the
Agbayani stated, however, that religion must not impact the argument over
the ratification of gay marriage within a worldly country, such as the Philippines.
It is not an issue of religion, but the equal security of the rule. He even pointed
Also, Agbayani said that it’s unnecessary to revise the 1987 Philippine
Constitution that uses the word, “spouses,” towards allowing same-sex weddings
in the country. The word, “spouses,” can also denote same-sex pairs, he said.
by the government.
a necessity to revise Executive Order No. 209 or the Family Code, which
and a man entered in agreement with the law aimed at the founding of the family
US Decision
weddings as a right under the constitutional in the entire 50 states. Prior to that,
under the American federal government system, which splits powers amid the
The five against four votes caused the US to be the 21st, besides being
It will misunderstand these women and men to state they disregard the
thought of a wedding. Their appeal exists that they respect it very deeply to the
point that they look to encounter its implementation for themselves. On the other
hand, John Roberts, a Chief Justice, wrote a forceful dissent as the three other
Roberts stated that the greater part of people created an entitlement not
covered by the United States Constitution, besides past laws, and concluded the
39
discussion in place of handing over the topic to the state governments. The
precedent in court. The law court refutes the laws of matrimony by greater than
50% of the States, as well as orders the conversion of the social organization
that has molded the foundation of humanity for ages, including the Han Chinese,
http://varsitarian.net/news/20150705/same_sex_marriage_not_a_religious_issue
_possible_under_ph_constitution_says_protestant)