Yumang, Czarinne

1D
Prefatory Statement

In 2014, the United States Supreme Court decided on the controversial case
of Obergefell v. Hodges regarding the fundamental right to marry and if this
is guaranteed to same-sex couples inasmuch as it is to opposite-sex couples.
This decision caused a 360-degree turn not only in the legal field, but also in
the culture and tradition of the people. Now, we have come across a similar
case, wherein the decision of which will determine our path as a nation.
Change is the only constant thing in this world. As mentioned in Obergefell,
the history of marriage involves both continuity and change. For instance,
the number of arranged marriages has declined. Moreover, the
abandonment of the law of coverture caused a deep conversion and
revolution in the structure of marriage, affecting aspects of marriage once
viewed as essential.
The Philippine Constitution guarantees the protection of the family, it being
the basic unit of the society and the foundation of the nation. That being
said, nowhere in the Constitution does it prohibit marriage between a man
and a man or a woman and a woman. Neither does it mandate the
constitution of a family to be headed by a man and a woman. The
Constitution does not restrict marriage between homosexuals. Ubi lex non
distinguit nec nos distinguere debemuswhen the law does not distinguish,
we must not distinguish. On the contrary, several statutes connote the idea
that marriage can only be entered upon by a man and a woman. Section 1 of
the Family Code defines marriage as a special contract of permanent union
between a man and a woman. The Constitution, being the fundamental law
of the land, is supreme over all statutes. Hence the statutes that
discriminate against same-sex couples cannot be considered as a hindrance
to allowing for equality in the society.
The validity of same-sex marriage can also be supported by international
law. The Universal Declaration of Human Rights (UDHR), to which the
Philippines is a signatory, promotes the freedom and equality in dignity and
rights of each human being. Article 16 of which guarantees every man and
womans right to marry and to found a family without any limitation.
Everyone is entitled to equal rights as to marriage. Article 26 of the
International Covenant on Civil and Political Rights states that all persons
are equal before the law and are entitled without any discrimination the
equal protection of the law. Hence, any kind of discrimination based on any
ground shall be frowned upon and not be tolerated. As can be seen, the
international law aims to minimize, if not eradicate, prejudice and
discrimination in the society in order to create a world of love, peace and
order for the future generation. To deny same-sex couples their right to
marriage would be tantamount to inequality and injustice.
As stated by Fr. Joaquin Bernas, the equal protection clause is a specific
constitutional guarantee of the Equality of the Person. The said clause
values and guarantees the individual autonomy. We cannot be blinded by
culture and tradition from seeing how susceptible the LGBT community is to
discrimination. It is not necessary to read jurisprudence to know that this is
present as it is evident the moment we stop and take a look at what is
happening around us. Prohibiting and barring same-sex couples from
contracting marriage and treating