Cagnan, Dan Christian D.

JD-1 EH201 PHILOSOPHY OF LAW

SAME SEX MARRIAGE

I. Introduction

“Change is the only constant in life”, this was once said by

the pre-Socratic Greek Philosopher, Heraclitus. This just means that
change is something that is inevitable in the life of an individual as
well as to the society itself. As we progress through time,
development also occurs may it be partially or wholly beneficial to
the society. In the process of progressing towards development, we
come to encounter various and multifold shifts on the necessity and
behavior of the people. And one such evolution of change is evident
on such rising attitude and perspective towards homosexuality.

II. Discussion
A. On Cultural and Social Attitudes

Same-sex marriage is the practice of marriage between two

men or between two women.1 The Philippines has a long history of
robust LGBT advocacy. In 1996, LGBT individuals and groups held
a solidarity march to commemorate Pride in Manila, which many
activists describe as the first known Pride March in Asia.2
Moreover, a study analyzing data from the 2002 Young Adults
Fertility and Sexuality Survey (YAFS3), which involved around
19,000 young adults aged 15-27, suggests an explanation for the
impression that being LGBT is accepted in the Philippines.
According to the YAFS3 study, more than half of the respondents
expressed “homosexual acceptance” but only 13.5% approved of
both the person and the homosexual acts, meaning more than half
agreed that people had the right to be homosexual even if most of
them disapproved of people having same sex relations. This
seemingly contradictory finding of the YAFS3 may be explained by
the fact that although the majority of Filipinos are baptized Roman
Catholics, and while the Vatican itself does not condone the social
acceptance of homosexuality and same-sex relationships, there is a
more tolerant attitude towards and a greater level of acceptance of
1
Encyclopedia Britannica. (2018). same-sex marriage | History, Status Around the World, & Facts.
[online] Available at: https://www.britannica.com/topic/same-sex-marriage [Accessed 30 Nov.
2018].
2
Human Rights Watch, "Just Let Us Be" - Discrimination Against LGBT Students in the Philippines ,
21 June 2017, available at: https://www.refworld.org/docid/594bb9d24.html [accessed 30
November 2018]
 LGBT people among Filipino families and within local-level
government institutions.3

In addition, the Pew Research Center conducted a survey from 2

March to 1 May 2013 in 39 countries with 37,653 respondents. This
survey showed that 73 percent of the Filipino respondents said that
homosexuality should be accepted by society with an even higher
percentage (78%) of younger respondents in the 18–29 age group
(Pew Research Center, 2013). 4 LGBT Filipinos questioned the
results of this survey, however, claiming that LGBT Filipinos are
tolerated only if they fit stereotypes. For Tan (2001), ”‘acceptance’ is
conditional as long as the ‘bakla’ remain confined to certain
occupational niches and fulfill certain stereotypes.” Garcia (2004)
added that “when visitors to the Philippines remark that Filipinos
openly tolerate and/or accept homosexuality, they invariably have
in mind effeminate, cross-dressing men (bakla) swishing down
streets and squealing on television programme with flaming
impunity. To equate Philippine society’s tolerance for public
displays of transvestism19 with wholesale approval of homosexual
behavior is naive, if not downright foolish.”5

B. Manifestations of Violence and Discrimination

The worsening plight of LGBT Filipinos may also be seen in

the number of LGBT-related crimes in the country. In the first half
of 2011 alone, the now-defunct Philippine LGBT Hate Crime Watch
documented 28 LGBT-related killings (Ubalde, 2011). While noting
the data, the Philippines’ Commission on Human Rights (CHR)
pledged to document LGBT-related hate crimes (Tubeza, 2013).6
Most of those interviewed said family members within a nuclear
family unit, predominantly male members of family or clan,
including fathers, brothers, uncles and stepfathers, had inflicted
most of the physical violence. Most incidents of violence occurred
immediately after a person voluntarily disclosed her sexual
orientation and/or gender identity, was “outed,” (a person’s sexual

3 OutRight Action International, Violence: Through the Lens of Lesbians, Bisexual Women and Trans
People in Asia - Philippines, 5 June 2014, available at:
https://www.refworld.org/docid/5477122e0.html [accessed 30 November 2018]
4
UN Development Programme (UNDP), Being LGBT in Asia: the Philippines Country Report, 1 May
2014, available at: https://www.refworld.org/docid/54ed8d864.html [accessed 30 November
2018]
5
Id.at 27.
6
Id.at 28.
 orientation or gender identity is revealed without the person’s
knowledge or permission), or was suspected of being non-
heteronormative. Heteronormative refers to the notion that there
are only two genders, male or female, and that the only kind of
attraction is heterosexual, which is between people of the opposite
sex, i.e., between those who were assigned male and those who
were assigned female sex at birth. Anyone who lives outside these
parameters is considered non-heteronormative.7
And in terms of verbal and emotional violence, it was
reported that emotional violence largely came from family
members, significant others or ex-partners, co-workers, and
strangers. This form of violence primarily involved criticism or
rejection of actual or perceived sexual orientation, gender identity
or gender expression or the choice of partner. Having rejected their
sexual orientation can be harmful to their self-esteem and may also
affect with their educational/ professional progress. Instead of
verbally abusing them, why don’t we show respect and kindness
towards them since in the first place, they too are human who has
feelings like each of one does. Together, we may eradicate the
culture of bullying especially in the educational institutions
including the implementation of the gender-sensitivity of the
existing curriculum. Despite these examples of challenges in the
education sector, there is progress. In May 2012, the Department of
Education (DepEd) issued DepEd Order No. 40 (The DepEd Child
Protection Policy), which seeks to guarantee the protection of
children in schools from any form of violence, abuse or exploitation
regardless of SOGI. Unfortunately, no monitoring is done on its
implementation and hence whether it is helping LGBT children in
schools.
Furthermore, the belief in the predatory nature of LGBT
people is also an issue in the Philippines. The “gay panic defense”
is occasionally mentioned in cases involving gay men. In June 2011,
TV director Ricky Rivero was stabbed 17 times after he allegedly
attempted to sexually abuse the man who stabbed him and left him
for dead.20 In Bacolod City in May 2012, Dr. Andres Gumban Jr.
was murdered, with the killing recorded on video by the suspects
who alleged that the victim attempted to have sex with them.21
Meanwhile, some lesbians are charged with kidnapping by the
families of their partners. For instance, in 2000, Zorayda Jumaani

7
OUTRIGHT ACTION INTERNATIONAL, supra note, at 14
 was accused of kidnapping a former beauty queen in Davao City,
despite her claims that they were engaged in a lesbian relationship.8
In a nutshell, we can see that if distinction will continue to
subsist in our society as to the LGBT group, discrimination would
be empowered causing inequality to those belonging to the latter.
As fellow human beings, we should be given equal freedom as to
decide and pursue our own happiness. At the end of the day, what
is more important is the product, as long as there is nothing harmful
and detrimental as to give due recognition to those homosexual
individuals, then they should be given a chance to live and love just
like every normal person deserves to have.

8UN Development Programme (UNDP), Being LGBT in Asia: the Philippines Country Report, 1 May
2014, available at: https://www.refworld.org/docid/54ed8d864.html [accessed 30 November
2018]