Legality of Same Sex Marriage in the Philippines

In the Philippines, LGBT people are often disadvantaged when hired for jobs, gain civil marriage rights, and even start personal businesses. They also have a higher rate of suicide and suicidal thoughts than heterosexuals. [5] [6] Senator Miriam Defensor Meanwhile, Senator Miriam Defensor Santiago`s Senate Bill 1276, introduced in 2004, proposed the explicit non-recognition of same-sex partnerships solemnly entered into abroad in the Philippines. [23] Growing acceptance is not limited to same-sex partnerships. More than 20 municipalities in the Philippines have adopted anti-discrimination rules. A draft law prohibiting discrimination on the basis of sexual orientation or gender identity will also be discussed at the national level. Thailand`s labour laws already prohibit discrimination on the basis of sexual orientation. In 2015, the government granted similar protection to expressions of gender identity. This decision has been particularly helpful for trans people. In 2016, Nada Chaiyajit, a trans woman from Bangkok, won a lawsuit against her university for refusing to award a degree because her photo showed her as a woman, even though her legal gender is male.

This has encouraged trans people at other universities to question similar rules, she says. The Metropolitan Community Church (MCC) is a progressive, LGBT, ecumenical Christian denomination founded on October 6, 1968 in Los Angeles. It has 3 local churches in the Philippines, Mandaluyong, Makati and Baguio, celebrating marriages between same-sex couples since 1991. MCC Makati, the original and mother of the MCC Church in the Philippines, has been starting marriages (Holy Union) for LGBTQI+ couples since 1991. MCC Makati has since closed and ceased operations in 2019. Open Table MCC (Mandaluyong) started in 2006 and Norther Sanctuary (Baguio) in 2009. An emerging MCC service group also meets in Marikina. Local churches see themselves as an ecumenical Christian church that organizes weddings for LGBTQI+ couples “regardless of their Christian background.” Church leaders have declared that “marriage is an inherent right of those who love one another.” The first same-sex marriage contracted by the founding church in Los Angeles, USA, took place in 1969 between two lesbians. The wedding moment was symbolic as it was the year the historic Stonewall riots took place and sparked the beginning of the LGBT movement. [118] Ceremonies like these take place in Southeast Asian countries. They carry no legal weight, but they are often officiated by religious or local leaders.

In Cambodia, couples can sign documents outlining mutual obligations and joint ownership of assets. It is a symbolic protection rather than an enforceable marriage contract. But it gives couples an excuse to hold a traditional wedding ceremony, where local officials and monks are present and guests tie red cords around the couple`s wrists. In 2020, a Pew Research Center poll found that 73 percent of adult Filipinos agreed with the statement that “homosexuality should be accepted by society,” no change from 2013 and up from 64 percent in 2002. [155] [156] Support was highest among 18- to 29-year-olds (80%), Catholics (80%) and the more educated (79%). [157] Another 2014 study titled “Global Morality” by the same organization showed that Filipinos reject homosexuality when asked “whether homosexuality is morally acceptable, unacceptable, or not a moral issue,” with 65 percent saying it was “unacceptable,” only 25 percent responding “acceptable,” and 9 percent saying “it`s not a moral issue.” [158] Since the 19th Congress, there have been two proposals to introduce same-sex partnerships in the Philippines. These are House of Representatives Bill 1015, the Civil Partnership Act, by Bernadette Herrera, representative of Bagong Henerasyon[12] and Senate Bill 449, the Civil Unions Act by Muslim Senator Robin Padilla. [13] In 1998, Senator Marcelo Fernan introduced Senate Bills Nos. 897 and 898 to add “biological” after “man” and “woman” in the Family Code, so that only a few cisgender men and women can legally marry. [21] In 2004, Muntinlupa Representative Ruffy Biazon introduced Bill No.

1245 in the House of Representatives, while his father, Senator Rodolfo Biazon, introduced Senate Bill 1575, the counter-declaration, in the Senate. The bills proposed by the Biazons had a similar proposal that limited marriages to naturally born men and naturally born women. [22] The Family Code of the Philippines, signed into law in 1987 by President Corazon Aquino, defines marriage as “a special contract of permanent union between a man and a woman.”[20] Republic Act No. 386 of 1949 or the Civil Code of the Philippines also includes references to marriage between a man and a woman. There have been several attempts to more explicitly restrict the Family Code to expose de facto same-sex partnerships. “I`ve been since I was 15. I was out of school and experienced discrimination during my school years, so I felt the need to stand up for LGBT rights,” said Falcis, who filed the application in 2015. “I decided to use the instrument of litigation because it has succeeded in other countries (such as the United States) in legalizing same-sex marriage.

Whether same-sex marriages should be allowed in the Philippines “could be an issue for now that should be dealt with by Congress,” French news agency AFP quoted the court as saying. The court recognized that the Southeast Asian nation`s 1987 constitution does not define or restrict marriage on the basis of gender, sexual orientation or gender identity, a-t-philstar.com reported. Rather, marriage is defined in the Family Code of the Philippines as a union between a man and a woman. Although same-sex partnerships are not recognized by the Philippine government, there have been proposals to introduce laws that would recognize the property rights of same-sex partners who resemble heterosexual couples. Those attempts include Albay Rep. Edcel Lagman`s 2013 proposal and Sen. Imee Marcos` 2019 proposal. Under Lagman`s proposal, same-sex couples can register their partnership with a local registrar and document their shared or exclusive properties. [3] [4] [5] [6] On June 19, 2018, the Supreme Court of the Philippines heard oral arguments in a landmark case to legalize same-sex marriage in the Philippines.

[26] [27] [28] [29] The Court dismissed the action in September 2019 for lack of standing. The court said it could only make a decision if “genuine contradictory submissions” were made, noting that the plaintiff could not plead prejudice because he was not seeking to marry for himself or had presented an actual case. However, the court added that the 1987 constitution does not impose any restrictions on same-sex marriage. [30] [31] Bohol`s representative, René Relampagos, introduced Chamber Bill No. 4269 amending the Family Code in 2011, which regulates the recognition of marriage and other forms of partnerships abroad. The provisions include “prohibited marriages” or forms or relationships that are not expressly recognized. On the grounds that Philippine policy is to recognize marriage as a union between a man and a woman, the proposed measure explicitly prohibits the recognition of same-sex partnerships. [24] The Philippines is a predominantly Catholic country with about 82.9% of the population declaring themselves Roman Catholic. [112] The Roman Catholic Church is one of the most active religious organizations in the country against the LGBT community. [113] The Catholic Bishops` Conference of the Philippines states categorically that marriage should exist only between a man and a woman.

[114] They also called on individuals and politicians to actively oppose same-sex marriage,[115] arguing that individuals should refuse to attend ceremonies celebrating same-sex relationships, and politicians should oppose the legalization of same-sex marriages.