Preliminary Rounds

“Let it be resolved that: the Philippines legalize same-sex civil union.”

Government
Definition of terms:
Civil Union: A  legally recognized union with rights similar to those of a marriage
between a man and a woman under the Family Code

Same-sex Couples: refers to homosexual LGBTQ couples

Arguments
Legalization of Same Sex Marriage Possible Rebuttals and Counter
Arguments
1.) Same-sex civil union should be
allowed because same sex
couples have the right to be
legally protected (Necessity)

 No less than the Bill of

Rights provide that, “No
person shall be denied the
equal protection of the
laws”
- Lesbian and gay
Filipinos, who are
citizens just as much
as straight Filipinos,
are relegated to 2nd-
class citizens. The
United Nations
Development
Programme and the
United States Agency
for International
Development identified
the effects of the
unequal treatment of
lesbian, gay, bisexual,
and transgender
(hereafter referred to
as "LGBT") Filipinos in
our marital laws and
said: "Without the right
 to marry, LGBT
Filipinos are treated
unequally in a whole
host of ways in
comparison to
heterosexual married
couples. There remain
no clear rights for
either spouse in same-
sex and transgender-
heterosexual
partnerships regarding
hospital and prison
visitations, making
medical and burial
decisions transfer of
joint properties,
custody of children,
insurance benefits,
and other privileges
accorded to married
and unmarried
opposite-sex couples.
Similarly, government
managed social
security and health
insurance are not
awarded to the
surviving spouse of a
deceased same sex
partners.” Hence, our
laws should look
forward and answer
the needs of the
present times.
Considering the
growing number of the
LGBTQs and same
sex couples laws
should be made
protecting their civil
rights and should not
discriminate based on
sex.
 The right of individuals,
homosexual or
 heterosexual, to choose
the person he or she
wants to have a
relationship with and
consequently have that
relationship legally
recognized with all the
concomitant rights and
obligations is a private
decision for individuals to
make, not the State. The
SC itself recognized the
right to marital privacy
when it said:
"Motives for entering
into a marriage are
varied and complex.
The State does not
and cannot dictate on
the kind of life that a
couple chooses to
lead. Any attempt to
regulate their lifestyle
would go into the
realm of their right to
privacy and would
raise serious
constitutional
questions. The right to
marital privacy allows
married couples to
structure their
marriages in almost
any way they see fit, to
live together or live
apart, to have children
or no children, to love
one another or not,
and so on.”
(Republic of the
Philippines vs. Albios
October 16, 2013)
2.) The State in legalizing Same-sex
civil union will not only protect
the rights of same sex couples
but will also prevent unequal
treatment of homosexuals
because of their sexual
orientation. (Practicability)

 One cannot, dispute that

gay and lesbian persons
historically have been,
and continue to be, the
target of purposeful and
pernicious discrimination
due solely to their sexual
orientation.
- (such as Consensual
partnerships or
relationships by gays
and lesbians that are
already of age, are
broken up by their
parents or guardians;
Young gays and
lesbians are forcibly
subjected to
psychiatric counseling
and therapy to cure
them despite the fact
that homosexuality and
lesbianism is not
considered as a
mental disorder; etc.)

 Allowing same sex civil

union shall pave the way
for the promotion of
individual rights
regardless of sex.
- It is legally rational for
the State to pass laws
protecting homosexual
couples because it is
in pursuit of some
legitimate objective.
- it would not be difficult
to conclude that gay
persons are entitled to
heightened
constitutional
 protection. The
discrimination that they
have suffered has
been so pervasive and
severe - even though
their sexual orientation
has no bearing at all
on their ability to
contribute to or
perform in society.

3.) Allowing Same-Sex Civil Union

shall encourage stable
relationships between
Homosexual partners which shall
help strengthen the concept of
“family” as a basic unit of society.
(Beneficiality)

 Giving the rights and

benefits enjoyed by
heterosexual couples with
families to the thousands
of same-sex couples who
may or already have
children will help
strengthen families.
- Homosexual
orientation is no more
relevant to a person’s
ability to perform and
contribute to society.
- homosexuals can fulfill
the essential marital
obligations regardless
whether it is as
between the spouses
or as between the
parents and their
children.
- Homosexuality can
raise children well in
the same manner that
heterosexuals can.
While there is no
assurance that gays
 will not be bad or
incompetent parents,
there is also no
assurance that
heterosexuals will not
be bad or incompetent
parents. “Sexual
preference or moral
laxity alone does not
prove neglect or
incompetence”
(Gualberto v.
Gualberto June 2005)

Opposition

Arguments Possible Rebuttals and Counter

Arguments