Sunday, June 17, 2007


Recently, a friend of mine blogged about gay marriage. He said that, though he supports gay marriage, it is premature for the Gay, Bi-sexual, Lesbian and Trans-gender (GBLT) movement in the Philippines to push for it. He asserts that discrimination in work, education and just plain physical abuse have to be prioritized. I disagreed, but I can only defer to his and the GBLT movement's judgment since they are the ones in the front line of this struggle.

I remembered our exchange after I read Mildred Loving's statement. Mildred Loving's marriage to her husband, Perry Loving was the landmark case where the US Supreme Court decided that anti-miscegenation laws (laws that forbid marriage between different races) in the US were unconstitutional (more from wikipedia).

Marriage is a personal decision, Mildred and Perry Loving's decision was a personal decision and it changed US policy. There may not be a consensus in the GBLT movement on the necessity of marriage so that gay marriage may have to be pushed by members of the community who want to get married.


IANAL but the Philippine Constitution does not specifically prohibit gay marriage, Article 15 in the family states:
Section 1. The State recognizes the Filipino family as the foundation of the nation. Accordingly, it shall strengthen its solidarity and actively promote its total development.

Section 2. Marriage, as an inviolable social institution, is the foundation of the family and shall be protected by the State.

Section 3. The State shall defend:

(1) The right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood;

(2) The right of children to assistance, including proper care and nutrition, and special protection from all forms of neglect, abuse, cruelty, exploitation and other conditions prejudicial to their development;

(3) The right of the family to a family living wage and income; and

(4) The right of families or family associations to participate in the planning and implementation of policies and programs that affect them.

Section 4. The family has the duty to care for its elderly members but the State may also do so through just programs of social security.
I don't know a lot about Philippine laws, but it seems to me that at least within the bounds of the constitution, gay marriage is already legal in the Philippines.

1 comment:

Marg Choco said...

Gay marriages are illegal as indicated in EXECUTIVE ORDER NO. 209, also known as the 1987 Family Code of the Philippines.

The Family Code of the Philippines defines marriage as the union of (legally-claimed, as indicated in the birth certificate) male and female.

The definition of marriage in the Philippine Constitution is perfect in itself because it upholds the right to the equal protection of the laws (Article 32, Section 8; Civil Code of the Philippines). The gender requirements of marriage needs to be reevaluated because it contradicts this said article of REPUBLIC ACT NO. 386, also known as The Civil Code of the Philippines as well as Article 3 of the Philippine Constitution, also known as the Philippine Bill of Rights.

1] The Civil Code of the Philippines
- Chan Robles Virtual Law Library
2] The Family Code of the Philippines
- Chan Robles Virtual Law Library
- Weddings@Work