Legal Technique Finals

Maricar Corina P.
Canaya
LLB I
October 27, 2014
Same Sex Marriage: Why? Why Not?
Marriage is an important institution that should be cherished and promoted.

When two people love each other and are willing to commit publicly to a lifelong
relationship, society is enriched and strengthened. In any case, should marriage be
open to all, regardless of sexuality?
In the Philippines, the talks on same-sex marriage are slowly accepted. As a
country with conservative values, the rise of the Lesbian, Gay, Bisexual and
Transgender (LGBT) communities are gradually embraced by the society. However,
radical Catholics and Muslims are strongly against it.
The Anti side: My Personal Stand
Should marriage be at all inside the scope of law? Yes. For a marriage to be
recognized by the State, one shall accomplish all the requisites provided by law.
Otherwise, a marriage will be void. The Philippine law defines marriage as 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 law1. This clearly sees same-sex
marriage as void since it does not achieve the basic requisite of marriage, which is
the union between a man and a woman. If both men or both women shall get
married, who gets to be the husband? Who gets to be the wife?
While we are a country under democracy, our law clearly limits the marriage to a
man and a woman in order to establish a matrimonial commitment and family.
1 Article 1, The Family Code of the Philippines
Under the Family Code, the family includes a husband and a wife 2. And if there is
ambiguity in the roles of a homosexual couple, how can there be clarity in family
roles? This creates an unclear picture of family, especially as provided by law.
And while it is true then that being parents means the capability of loving their
family, having enough capacity to rear their kids and giving sufficient resources for
the sustenance of every family member, the most important thing in family life is
having the setup of a mama and papa in the family. The reason why the family code
recognizes a man and a woman in union for matrimony is for procreation and
continuity of generations in the country. This is very much harmonious with the
natural law. The natural law clearly states that a man is for a woman and a woman
is for a man. And it is in our imprint to procreate and nurture. Then if we let LGBT
marry, how can they procreate? Surely, there is science and adoption to solve the
problem. But more to that, a child would generally look for their biological parents
because it is in our human nature. Are science, adoption, love and commitment
enough for marriage? No. While it is true then that we need it in a family, the
natural law insists that this basic unit is composed of a heterosexual partners who
are bound to have offspring and rear together. This, generally, is the basic equation
of marriage. I am not discriminating homosexual marriages, but this is reality. This
is human nature.
It would not be unexpected for anyone if I would use religion doctrines to

clash the issue on same-sex marriage. After all, human laws are based on divine
law. Is God against same-sex marriage? In Gen. 19: 4 -5, the cities of Sodom and
Gomorra were ruined by fire by God because people there are engaging into sexual
intercourse between the same sexes. Is this a clear manifestation of Gods opposition
against same-sex marriage? Yes, it is enough evidence. The reason why we recognize
the Holy Bible or Holy Koran as a valuable basis on our laws is because we
recognize the fact that there is a Supreme Being. Moreover, they are one of the
authorities of our morality.
2 Article 150, The Family Code of the Philippines
The Pro Side

Every human has equal rights to everythingincluding marriage. But if the
mind is against principles, should my own preference prevail? If it makes me happy,
then yes.
Even gays can have the capacity to marry, if we only follow the true essence of
democracy. If there is really liberty, then a homosexual can marry, have a family
and is entitled to all privileges a normal family would have. There will be no
restrictions, no judgements, and no morality arguments that will be thrown against
LGBTs. After all, if a homosexual partnership is not a crime against persons or
society, I dont see a point of it being undervalued.
Religion brought us to believe that same sex marriage is immoral. When do
we recognize something is morally right? When it is generally accepted or when it
does no harm to anyone? While it may be seen as eyesore and disgusting for a lot of
people, I believe that same-sex marriage is not immoral. What homosexual groups
sought to have is the recognition of their rights to marry, regardless of gender or
preference.
They love their partners and would like to get married to get recognition and
get legal benefits, just like what straight people would. They just love partners who
happen to be of the same sex. If a heterosexual couple is denied of marriage, they
will make a big fuss over it because they do not get to enjoy legal rights to set a
family. Do you think it is moral to deny marriage to same-sex couples when they will
also feel the same anger and unfairness?
Conclusion
While we recognize that we are people of liberty, we should also recognize
that laws and rules are created to regulate and discipline us. Otherwise, we are a
society of chaos and turmoil. I am a strong supporter of the LGBTQs. But I had a lot
of thoughts while studying law. Laws are created for order. And it is not being
amended or revised just because we have to adjust to what is the clamour of a

certain group. Should we legalize same-sex marriage? No. It is not just on the
premise of morality, but on the stability of an institution. We have to protect the
sanctity of marriage. Otherwise, a weaker societal institution may grow if we allow
it to happen.

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Maricar Corina P.

Marriage is an important institution that should be cherished and promoted.

It would not be unexpected for anyone if I would use religion doctrines to

The Pro Side

amended or revised just because we have to adjust to what is the clamour of a

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