Modern times, modern laws: A study regarding the Philippine regulation on same-sex marriages in compliance with international treaties to which the state is a signatory

• Main Authors: Kaur, Simran Preet, Siazar, Lyzette Arianne L.
• Format: text
• Language: English
• Published: Animo Repository 2011
• Subjects: Commercial Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/17795
• Institution: De La Salle University

Amidst the intensifying pressure for the acceptance and recognition of the rights of lesbians, gays, bisexuals, transgenders, and queers (LGBTQ) in the conservative Philippine society, the issue as to their right to marry-whether or not to allow same-sex marriages in the country-comes into view. Under the Philippine laws, as expressly provided by the Family Code, for a marriage to be considered valid, one requisite is that it has to be between a man and a woman. Also, marriage is for the establishment of conjugal and family life. Through common knowledge, it can already be inferred that persons of the same sex may portray family roles of the other gender, but never will they be able to found a family the natural way. It is only by adoption that they can form their family. As time passed by, the issue on homosexuality has reached the surface and became more apparent. Despite the separation of Church and the State, the Church still has a very influential power over the majority. And with this, many people believe that only couples of the opposite sex should be allowed to celebrate the sacrament of marriage. The rejection to recognize homosexuality gave rise to an increasing number of problems. Because of this rejection, many homosexuals are deprived of their rights. All humans are equally entitled to exercise their rights without any form of discrimination. These rights are protected by international laws and treaties such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The Philippines, as a state-party to these covenants, is expected to comply with the agreement and to uphold its principles.