ANGELES UNIVERSITY FOUNDATION

SCHOOL OF LAW
Angeles City

LEGAL PHILOSOPHY:

FEMINISM AND THE LGBT

A report by:

DEANG, LEVENE ROD N.

ONG, YODH JAMIN D.

SABADO, KIMBERLY U.

FEMINISM
The goal of the proponents of Feminism is to attain equality between genders in terms of civil and political rights and to do away
with the male-dominant ideologies that are borne from the ideas of patriarchy.

Feminism is not the belief that one gender should be raised in power above another. Many people fear that feminism will mean that
men will eventually lose out – of power, influence, impact, authority, and control, and economic opportunities. The very definition
of feminism shows a complete opposition to this belief.`

According to Marie Shear in her review of Kramarae and Treichler's A Feminist Dictionary, Feminism is the radical notion that
women are people. It is the belief that men and women should have equal rights and opportunities. It is the theory of the political,
economic and social equality of the sexes.

Feminism at its core is about equality of men and women, not “sameness.” A number of people offer up the argument that women
are not the “same” as men so equality between the two genders cannot be attained. In other words, because their bodies are
different and many regard them as weaker, and because men and women have different physical capabilities, these physical
differences mean equality is not possible. The advocates of feminism hold otherwise to the extent that equality may be attained
despite the large difference between the physical aspects of men and women. Equality is attainable through the equalization of civil
and political rights between women and men.

It’s critical to understand that “same” does not mean “equal.” The issue here is about equal rights and equal access to
opportunities. Men and women don’t have to be the “same” in physicality to have the right to equality.

The goal of feminists is to encourage all members of the global society to perceive gender on a spectrum not as two opposing sets of
ideals. Long has the struggle been between the two genders throughout the history of society.

AIMS AND GOALS OF FEMINISM

The priority concrete goal of feminism is to establish and maintain for the long run the equality between men and women. Feminist
proponents advocate for the equalization of pay for similar work, the equalization of prices of goods and commodities used per
gender, and increase the number of women engaged in politics such in the field of legislation, administration, and adjudication.

Feminist advocates believe that these civil and political rights have long been tilted in favor of men, to the detriment of women. In
recent history, only men were allowed to vote, maintain a position in government, hold a high administrative station in the
workplace, and study in professional fields. Prominent feminists and other members of the feminist movement have managed to
establish that women be allowed to practice any profession or vocation other than those that have been prescribed to them such as
nursing and caregiving.

These concrete goals have, in the most part, been attained and achieved. However, in the current climate of gender politics, women
are still suffering from oppression in terms of being judged negatively on their capabilities to perform their work-related tasks based
solely on their gender. From catcalling to outright degradation of character, feminists believe that women are still under the
pressure of oppression brought about by the patriarchy that has gripped society at large.

Feminism, as a theory, aims to understand the nature of gender inequality by examining women's social roles and lived experience;
it has developed theories in a variety of disciplines in order to respond to issues concerning gender.
DIFFERENCE BETWEEN FEMINISM AND PATRIARCHY

According to leading feminists, the patriarchy is the sole reason as to why the global society has limited women in scope as to their
abilities and capabilities to enjoy civil and political rights. Before feminism came about, women were so limited to the extent that
they had no right to vote, were never allowed to make decisions in the family, and were not allowed to enter into politics, among
other limitations imposed upon them due to gender.

In the boom of feminism through the first and fourth waves of the movement, women have been able to equalize their rights with
men in terms of civil and political rights. Women are now allowed to vote, enter into politics, enter into administrative positions, and
obtain an opportunity to enroll alongside men in college-level courses.

Today, however, the patriarchy still exists in its substance wherein women are still oppressed and judged based solely on their
gender.

Below are some of the key differences that feminist advocates have attributed between Feminism and Patriarchy.

Patriarchy Feminism
Man-vs-The World Mentality; Men Are Told To “Man Reflective And Introspective
Up”
Competition Community And Solidarity
Status Quo: Men Are Dominant; Women Are Doesn’t Let Gender Or Whatever Body Parts You Have
Submissive Dictate How People Should Or Shouldn’t Act
Men Are Inherently Better Than Others Equality; Healthy Interpersonal Relations
Rape Culture Promotion Of Protection And Safety

Gender Role Stereotypes

Society has been led to believe that women and men must adhere to specific roles and stereotypes that their gender has been
assigned. Men were generally seen as the figurehead of the family and society at large and to him the duty of providing for the
family and protecting his family were entrusted. The women were generally regarded as the nurturer and care of the children and
would better serve this role if she were to stay at home. To deviate from these roles and stereotypes was once severely looked
down upon. The proponents of Feminism have managed to break down these social constructs in order to allow women to be more
equal to men in terms of civil and political rights, equality in the application for employment, and equality in work and educational
opportunities.

Nevertheless, these stereotypes and roles still exist to this day and several countries still hold these roles and stereotypes as
controlling. The problem following this ideology is that society at large would never be able to break away from the constructs that
currently grip it.

Men, on one hand, are pressured to adhere to the “tough guy” stereotype and in effect, may lead him to pursue actions that he,
internally, is not comfortable with. Women, on the other hand, are forced into the “mother” stereotype where she must always be
caring and nurturing, never the one to lead the family, and in effect, limits her scope and reach to progress in society through social
and political activities.

Below are some of the general stereotypes and roles that have been associated with each of the major genders.

Femininity Masculinity
Caring Tough
Nurturing Providing
Emotional Rational
Domestic Work orientated
Sensitive Thick skinned
Passive Active
Soft Rough
Gentle Hard
 THE HISTORY OF FEMINISM

Feminists and scholars have divided the movement's history into four "waves". The first wave refers mainly to women's suffrage
movements of the nineteenth and early twentieth centuries (mainly concerned with women's right to vote). The second wave refers
to the ideas and actions associated with the women's liberation movement beginning in the 1960s which campaigned for legal and
social rights for women. The third wave refers to a continuation of, and a reaction to the perceived failures of, second-wave
feminism, beginning in the 1990s. Lastly, the fourth wave also known as the “post feminism”, refers to a new form of
empowerment, individual choice, independence, consumer culture, fashion, hybridism, humour and (sexual) pleasure, and the
renewed focus on the female body.

FIRST WAVE - 19TH CENTURY TO 20TH CENTURY (1910s-1950s)

First-wave feminism refers to an extended period of feminist activity during the nineteenth century and early twentieth century in
the United Kingdom and the United States. Originally it focused on the promotion of equal contract and property rights for women
and the opposition to chattel marriage and ownership of married women (and their children) by their husbands. However, by the
end of the nineteenth century, activism focused primarily on gaining political power, particularly the right of women's suffrage. Yet,
feminists such as Voltairine de Cleyre and Margaret Sanger were still active in campaigning for women's sexual, reproductive, and
economic rights at this time. In 1854, Florence Nightingale established female nurses as adjuncts to the military.

In Britain the Suffragettes and, possibly more effectively, the Suffragists campaigned for the women's vote. In 1918 the
Representation of the People Act 1918 was passed granting the vote to women over the age of 30 who owned houses. In 1928 this
was extended to all women over twenty-one. In the United States, leaders of this movement included Lucretia Mott, Lucy Stone,
Elizabeth Cady Stanton, and Susan B. Anthony, who each campaigned for the abolition of slavery prior to championing women's
right to vote; all were strongly influenced by Quaker thought. American first-wave feminism involved a wide range of women. Some,
such as Frances Willard, belonged to conservative Christian groups such as the Woman's Christian Temperance Union. Others, such
as Matilda Joslyn Gage, were more radical, and expressed themselves within the National Woman Suffrage Association or
individually. American first-wave feminism is considered to have ended with the passage of the Nineteenth Amendment to the
United States Constitution (1919), granting women the right to vote in all states.

SECOND WAVE – 1960s TO 1980s

Second-wave feminism refers to the period of activity in the early 1960s and lasting through the late 1980s. The scholar Imelda
Whelehan suggests that the second wave was a continuation of the earlier phase of feminism involving the suffragettes in the UK
and USA. Second-wave feminism has continued to exist since that time and coexists with what is termed third-wave feminism. The
scholar Estelle Freedman compares first and second-wave feminism saying that the first wave focused on rights such as suffrage,
whereas the second wave was largely concerned with other issues of equality, such as ending discrimination.
Women’s movement, diverse social movement, largely based in the United States, seeking equal rights and opportunities
for women in their economic activities, their personal lives, and politics. It is recognized as the “second wave” of the larger feminist
movement. While the first-wave feminism of the 19th and early 20th centuries focused on women’s legal rights, such as the right to
vote, the second-wave feminism of the “women’s movement” peaked in the 1960s and ’70s and touched on every area of women’s
experience—including family, sexuality, and work.

Second-wave feminists saw women's cultural and political inequalities as inextricably linked and encouraged women to understand
aspects of their personal lives as deeply politicized and as reflecting sexist power structures.

SIMONE DE BEAUVOIR

 Simone Lucie-Ernestine-Marie-Bertrand de Beauvoir

 Born Jan. 9, 1908, Paris, France—died April 14, 1986, Paris

 French writer and feminist

 A member of the intellectual fellowship of philosopher-writers who have given a literary transcription to the themes
of Existentialism.

 She is known primarily for her treatise Le Deuxième Sexe, 2 vol. (1949; The Second Sex), a scholarly and passionate plea for the
abolition of what she called the myth of the “eternal feminine.”

The Second Sex

Throughout history, men have differentiated and defined women in reference to themselves, rather than as beings in their own
right. A person is a man, and no more explanation is necessary...while a woman must be described as a person of the female sex.
The result, de Beauvoir says, is that woman is “the incidental, the inessential as opposed to the essential. He is the subject, he is
Absolute - she is the Other.”

Men do not feel they have to justify themselves on any objective basis, but get their feeling of superiority from not being women.
Thus the cliché, although true, that a women has to do twice as much to be seen to be the equal of a man.

She observes that in democracies men like to say that they see women as equal (or democracy would be a lie), but their attitudes on
many levels tell a different story.
BETTY FRIEDAN

 Bettye Naomi Goldstein,

 Born February 4, 1921, Peoria, Illinois, U.S.—died February 4, 2006, Washington, D.C.

 American feminist best known for her book The Feminine Mystique (1963), which explored the causes of the frustrations of
modern women in traditional roles.

The Feminine Mystique

The book questioned the belief that woman were happy with their marriages and with motherhood.

Through interviews with American housewives, Friedan discovers that many of them suffer from a pervasive and unexplained sense
of dissatisfaction; she dubs this feeling “the problem that has no name.

Friedan traces the return of women to the domestic life after their pre-war emancipation. She argues that women were socially
pressured into becoming homemakers by the “feminine mystique”: an idealized image of domestic femininity that arose in the
1950s. The feminine mystique was reinforced through education, popular media, and academic theories. Meanwhile, it was
exploited by advertisers looking to sell products to unhappy housewives.

Friedan concludes that the life of a housewife prevents women from developing full, autonomous identities. She argues that both
men and women must reject the feminine mystique, and she encourages women to pursue self-fulfillment through education.

The Feminine Mystique helped to alter the role women played in the work force, education, and society. Before, most women were,
in a sense, tied to their household roles. However, with the encouragement of Friedan's book, women gained knowledge, status,
and education which has changed the nation’s perspective on women. Women now prefer to attend college and/or participate in
activities that were once claimed solely masculine. She was able to influence women to go after their goals and dreams. With her
many inspiring quotes, wisdom, and determined knowledge, the book instills a lasting affect for women in society, which has
influenced many people of both genders to have a change of perspective. The Feminine Mystique influences women today to be an
individual and to push for equality in gender.

WOMEN'S LIBERATION IN THE USA (1964-1968)

Summary

1964 – The Civil Rights Act of 1964 was passed by Congress and signed by President Johnson. This prohibited discrimination in the
work environment based on gender.

1965 - The Equal Employment Opportunity Commissioners (EEOC) were appointed to oversee the enforcement of the Civil Rights
Act.
 1965 – President Johnson’s Executive Order 11246 ordered “federal agencies and federal contractor’s to take ‘affirmative action ‘
in overcoming employment discrimination”.

1966 – Because the EEOC was unable to enforce the Civil Rights Act, 28 women formed the National Organization for Women
(NOW). Betty Friedan was elected the first national president of the Organization at the founding conference held in Washington
D.C.

1967 – The National Organization for Women was formally incorporated. Membership was up to 1035.

1968 – One hundred women protested the Miss America Beauty Pageant because it promoted “physical attractiveness and charm
as the primary measure of a woman’s worth”.

THIRD WAVE – 1990s TO 2000s

The third wave of feminism emerged in the mid-1990s. It was led by so-called Generation Xers who, born in the 1960s and ’70s in
the developed world, came of age in a media-saturated and culturally and economically diverse milieu. Although they benefitted
significantly from the legal rights and protections that had been obtained by first- and second-wave feminists, they also critiqued the
positions and what they felt was unfinished work of second-wave feminism.

The third wave was made possible by the greater economic and professional power and status achieved by women of the second
wave, the massive expansion in opportunities for the dissemination of ideas created by the information revolution of the late 20th
century, and the coming of age of Generation X scholars and activists.

Third-wave feminists sought to question, reclaim, and redefine the ideas, words, and media that have transmitted ideas about
womanhood, gender, beauty, sexuality, femininity, and masculinity, among other things. There was a decided shift in perceptions of
gender, with the notion that there are some characteristics that are strictly male and others that are strictly female giving way to the
concept of a gender continuum. From this perspective each person is seen as possessing, expressing, and suppressing the full range
of traits that had previously been associated with one gender or the other.

For third-wave feminists, therefore, “sexual liberation,” a major goal of second-wave feminism, was expanded to mean a process of
first becoming conscious of the ways one’s gender identity and sexuality have been shaped by society and then intentionally
constructing (and becoming free to express) one’s authentic gender identity.

Some of the most important values of the feminist rights movement are gender equality, identity, language, sex positivity, body
positivity, ending violence against women, fixing the media's image of women, and environmentalism.
FOURTH WAVE (POST-FEMINISM) 2000s-PRESENT

As such, the fourth wave’s beginnings are often loosely pegged to around 2008, when Facebook, Twitter, and YouTube were firmly
entrenched in the cultural fabric and feminist blogs like Jezebel and Feministing were spreading across the web. By 2013, the idea
that we had entered a fourth wave was widespread enough that it was getting written up in the Guardian. “What’s happening now
feels like something new again,” wrote Kira Cochrane.

Post-feministic ideology is a new form of empowerment, individual choice, independence, consumer culture, fashion, hybridism,
humour and (sexual) pleasure, and the renewed focus on the female body can be considered important for this contemporary
feminism.

Brooks in his book Post-feminisms: Feminism, Cultural Theory and Cultural Form [5] states that “Post-feminism is not against
feminism, it’s about feminism today.”

Postfeminism celebrates sexuality and says that women can also be empowered through working in the sex industry as strippers and
adult film stars. Post-feminism is fuelled by advances in abortion, employment and fertility laws and concentrates on furthering the
idea of empowerment, celebration of feminists, freedom of choice and liberation.

SUSAN BOLOTIN

It would appear that one of the earliest modern uses of the term “post feminism” was in Susan Bolotin’s 1982 article ‘Voices of the
Post-Feminist Generation’ published in New York Times Magazine. The article was based on a number of interviews with women
who were intuitive to, and supportive of, the goals of feminism, but did not explicitly identify themselves as feminists as such.

SUSAN FALUDI

Born April 18, 1959, New York, New York, U.S.

American feminist and award-winning journalist and author, known especially for her exploration of the depiction of women by the
news media.

Her later works included In the Darkroom (2016), a memoir that centres on her estranged father, who underwent gender
reassignment surgery when he was in his 70s.
 FEMINIST IDEOLOGIES

Feminism, like any other field of philosophy, is based on basic ideologies that allow the field to be more grounded in order to attain
the concrete goals that it aspires to achieve. These ideologies differ in terms of what means and methods feminists seek to employ
to achieve their missions. Some ideologies are more radical and extreme than others in this regard, employing destructive means to
change the construct of society. However while these radical ideologies exist, there also subsists other ideologies which make use of
more lenient strategies and ploys in order to encourage more people to shift their views towards feminism and its goals of attaining
equality in the workplace, educational institutions, politics, and society-building as a whole.

ANARCHA FEMINISM

The founding basis of Anarcha-Feminism is the ideology that women are free to do what we wish so long as it does not harm or
prejudice others. Anarcha-Feminism holds that in order to break down the asymmetrical distribution of powers in society,
oppression must be eliminated through positive and decisive action.

These oppressive forces are those of Racism, Homophobia, Sectatrianism, and Sexism. Anarcha Feminism aims to establish a society
free from these oppressive ideologies and if done so, that there must be a constant vigilance in order to prevent such ideologies
from springing up once again.

What comes with this anarcha feminism is that the means of obtaining this freedom is through the hollowing out of the current
social system and its institutions. The aforementioned oppressive forces are founded on patriarchal capitalism and to do away with
such patriarchy is the goal of this ideology. This system cannot be beat at its own game, as the Anarchist-Feminists believe. The only
way to destroy patriarchal-capitalism is to create a new system by first getting rid of the old.

As American Writer Audre Lorde stated, “The master’s tools will never dismantle the master’s house. They may allow us to
temporarily beat him at his own game, but they will never enable us to bring about genuine change.

SOCIALIST FEMINISM

This feministic ideology dates back to the 1970s. It is inarguable that in most developed countries, capitalism is what governs
society. Capitalism was constructed in such a way that the powerful gain more power while those left powerless fall even lower on
the scales. The direct counterpart of Capitalism is Socialism whose views are founded on the idea that there must be absolute
equality in society in terms of the distribution of wealth and resources. Likewise, Socialist Feminism is founded on the idea that
gender roles, privileges, obligations, and rights in society must be equalized as the current construction of society is one wherein
men govern while women are subject to their whims.

Socialist Feminism is quite different from the other ideologies of feminism such as radicalism, anarchism, and liberalism as these
ideologies seek to create a separatist society where the advocates of which aim to gain equality by breaking off the society. Socialist
Feminism, on the other hand, seeks to find a reconciliation between the genders to achieve a level playing field.
RADICAL FEMINISM

This ideology views patriarchy as a dividing force that favors men in terms of power distribution, economic class, and social standing.
In the eyes of a Radical Feminist, rights, privileges, and powers have been sequestered by men for their own benefit, leaving women
with only the bare minimum to work with.

This ideology is militant in form in such a way that it seeks to dismantle and destroy the patriarchy rather than adjusting the current
system. Through this, the radical feminists believe that they might be able to appropriate for themselves the powers, privileges, and
rights that the men have held onto for far too long. It should be noted that Radical Feminism does not attack men in such a way that
it may be construed as man-hating but rather, it attacks the patriarchy—the idea that men should, in default, have more power and
privilege over those of women.

In the beginning of Radical Feminism, women took to the streets in order to raise awareness that such oppression instituted by the
patriarchy exists. Some of the tactics that have been employed to further Radical Feminism is through protests, art and culture
events, and providing social services geared towards aiding women.

Radical Feminism seeks to gain reproductive rights for women, break down traditional gender roles, abolish pornography, extinguish
rape culture, and diminish pornography.

LIBERAL FEMINISM

The main end goal of Liberal Feminism can be summarized to the establishment of equality in the workplace, in education, and in
political rights. In order to attain these goals, Liberal Feminist movements make use of legal and political means. Legislation is their
primary tool such that laws may be enacted and implemented in order to give support to women. An example of this is that in the
United States, legislation was employed in order to require employers and educational institutions to include women in application
pools and not to discriminate against them.

There has also been the Equal Rights amendment in the United States passed by their Congress in the 1970s that had been solidified
as a major accomplishment for Liberal Feminism in order to gain equality between genders.

Furthermore, Liberal Feminism also seeks to gain personal autonomy such that women may be able to live their lives in accord to
how they wish to live it instead of being made to conform with the standards set by the patriarchal society. Some of the things that
they advocate for are: (1) Being free of violence and the threat of violence; (2) Being free of the limits set by patriarchal paternalistic
and moralistic laws; (3) Having access to options; and (4) The ability to assess one's own preferences.

LIBERTARIAN FEMINISM

American Political Scientist Drucilla Cornell wrote that Feminism has at its heart the demand that women be treated as free human
beings. This passage from Cornell is what a lot of Libertarian Feminist concur with. This Feminist Ideology is focused on the
acquisition of Individual Rights and Equal Freedom for all. It rejects gender roles and stereotypes as these have negatively affected
not only women but also men by fixing males and females to conform with the standards set by a patriarchal society.

This ideology is founded on individualism as in it focuses on the choices, standards, and preferences of each person by their own
will. In other words, Libertarianism focuses on self-autonomy. Likewise, feminism aims at promoting the right to individual choices
for women such that they would no longer be bound to gender stereotypes established by society. They seek to uphold free choice
in education, occupation, vocation, fashion, principles, and sexuality.

Libertarian Feminists employ means of negative freedom. This means that they seek freedom without prejudicing others. Using
coercion and force is prohibited by this ideology as it believes that no man or woman must be forced into executing actions against
their will. Libertarian Feminists do not believe in using coercion and force to attain their goals as this coercion would be just
tantamount to the current oppression that plagues society to this very day. This is why they do not employ legislation to further
their goals as it is in their belief that legislation is a means of oppression by using the powers of government to strong-arm
individuals to conform to a standard.
 FEMINISM IN THE PHILIPPINES

FEMENISTA FILIPINA

The Feminista Filipina was organized in the year 1905 with one Dona Concepcion Felix at the head of the association. The
organization was primarily focused on addressing and developing social concerns such as prison reform, improvement of education,
and the prevention of individual immorality. It served as a means of shaping morality in the youth through activism and the use of
media, specifically that of the major newspaper Il Tiempo. It also delved in influencing men to allow women more equality.

Later on, in 1912, Filipina women, led by the Femenista Filipina, turned their focus and attention towards suffrage for women, as
they had been deprived of which prior to such movements. From here, another feminist organization was established.

SOCIETY FOR THE ADVANCEMENT OF WOMEN (WOMEN’S CLUB OF MANILA)

The Women’s Club of Manila was established in 1912. Their priority was to enable women’s suffrage by petitioning to the Philippine
Legislative Assembly for such a right. They had successfully gained a legislative bill in the year 1919 but such bill was finally passed
and enacted in the year 1933.

THE 1935 CONSTITUTION

The constitution provided for women’s suffrage. However, such right to vote would only be extended to women if not less than
300,000 women would vote affirmatively in the plebiscite. Filipina women organizations engaged in the use of media through radio
and print to encourage more women to join their cause and to vote positively in the plebiscite. They had succeeded in gaining more
activists and 29% of the female eligible voters registered. They had voted 10 to one in the affirmative, thus securing women’s
suffrage in the Philippines.

THE CURRENT STATE

As it stands, Feminism in the Philippines has yet to flourish and develop in order to free the bonds that hinder Filipino women from
attaining equal rights, equal access, equal opportunities, freedom from discrimination, freedom from sexism, and freedom of choice.
This state is illustrated from day-to-day encounters of women in society in the form of cat-calling, occupational prejudice,
educational prejudice, the enforcement of gender roles, and the bolstering of stereotypes. These are evidenced from the micro-
interactions of women in their day-to-day lives up to the national political involvement of women.

However, our laws have been able to adapt and undergo progressive development in order to equalize opportunities, rights, and
obligations between men and women. In the Civil Code of the Philippines, it was evident therein that males were far more dominant
in the social sphere as final decisions always fell on men.

 Article 110. The husband shall fix the residence of the family. But the court may exempt the wife from living with the
husband if he should live abroad unless in the service of the Republic.
 Article 111. The husband is responsible for the support of the wife and the rest of the family. These expenses shall be
met first from the conjugal property, then from the husband's capital, and lastly from the wife's paraphernal property…
 Article 112. The husband is the administrator of the conjugal property, unless there is a stipulation in the marriage
settlements conferring the administration upon the wife…
  Article 114. The wife cannot, without the husband's consent acquire any property by gratuitous title…
 Article 115. The wife manages the affairs of the household. She may purchase things necessary for the support of the
family, and the conjugal partnership shall be bound thereby. She may borrow money for this purpose, if the husband
fails to deliver the proper sum. The purchase of jewelry and precious objects is voidable, unless the transaction has been
expressly or tacitly approved by the husband, or unless the price paid is from her paraphernal property.
 Article 117. The wife may exercise any profession or occupation or engage in business. However, the husband may
object

It is clear from these provisions alone that the state of Feminism in the Philippines was weak if not nonexistent at all. The Civil Code
of 1949 was clearly intended with male dominance in mind. However, the Civil Code of the Philippines has since been repealed by
the Family Code of the Philippines, enacted in the year 1987. This Code had removed these patriarchal laws, giving more freedom to
women by eliminating the word “husband” or “wife” in exchange for the word “Spouse”, thereby, eliminating the supervening
power and authority of the husband in exchange for an equal balance between the spouses in making decisions.

POLITICAL INVOLVEMENT OF WOMEN

In a United Nations Report, the Philippines has ranked 7th in the Global Gender Gap Index of 2016 which is based off of gender
equality, health, economic and political opportunities, and political empowerment. This is evidenced by the election of two heads of
states; Corazon Cojuangco-Aquino in 1986 and Gloria Macapagal-Arroyo in 2001. Both these women served as presidents of the
Philippines after deposing a dictator and a corrupt politician, respectively, through people power revolutions.

After these elections, it may be said that women’s access to political involvement had increased, evidenced in COMELEC’s report
that showed that from the 16.15% involvement of women in 1998, women have been more engaged in the political sphere at
19.92% in the year 2013.
 THE LGBT

A BRIEF HISTORY

7th Century BCE – 18th Century

Homosexuality or same-sex romantic or sexual relations has existed as early as the dawn of man as evidenced in the depictions of
homosexual intercourse in stone figurines crafted by the early man. Records also show that in almost all civilizations and societies
across the world. The acceptance of homosexuality varied from society to society where some nations criminalized homosexual acts
and relations in their entirety while some were more lenient in that they acknowledge the presence of homosexuality. However,
homosexuality had always been frowned upon by society for being immoral.

In the 7th Century, BCE, homosexuals were commonly castrated for acting out on their sexual desires. However, in the 5 th Century,
BCE, Darius the First adopted the Holiness Code in which the Death Penalty was sanctioned against male same-sex relationships.
From then on until the 20th Century, laws were passed criminalizing homosexuality between either men with men or women with
women. Penalties ranging from the payment of fines, imprisonment, up to execution were levied against those who engaged in
homosexual relations.

19th Century

The 19th Century saw the beginning of the lenience towards homosexuality. It had begun in the Netherlands in the year 1811 which
decriminalized homosexual acts. Thereafter, several countries such as Brazil, Portugal, Turkey, England, and other nations followed
suit by similarly decriminalizing homosexual acts. However, this was not absolute as several other states still held laws in force
against homosexual acts. It should be noted that although the states had decriminalized homosexual acts, prejudice against
homosexuals was still prevalent as homosexuality was still seen as an act of immorality, thus subjecting them to discrimination and
hate crime.

PIONEERS OF LGBT RIGHTS

Rights in favor of homosexuals was first established when Karl Heinrich Ulrichs of Germany when he publicly spoke out for
homosexual rights in the Congress of Germany in Munich. He had also written essays in order to further his advocacy. These essays
were collected in what is known as “Forschungen über das Rätsel der mannmännlichen Liebe” (Studies on the Riddle of Male-Male
Love). In these essays, Ulrichs explained that same sex love was natural and biological and such was not to be frowned upon as it
was not a choice but rather a default nature in every homosexual.

(LeVay, Simon, 1996. Queer Science: The Use and Abuse of Research into Homosexuality, MIT Press)

In 1897 in England, George Cecil Ives had organized the first homosexual rights group known as the Order of Chaeronea. It was a
secret organization that cultivated homosexual moral, ethics, culture, and spirit. It was also political in nature, inspiring some 200 to
300 men to join their cause and to seek redress from the government to allow homosexuals certain rights of which they had been
deprived.

In 1910 in the United States, Emma Goldman was the first American to publicly speak in favor of homosexual rights. She had written
several articles and delivered several speeches that defended the right of gays and lesbians to love as they pleased. She further
advocated to abolish the fear and stigma associated with homosexuality in order to remove the immoral taint that homosexuality
bore in the minds of people.

MAIN ADVOCACY

Generally, the LGBT advocates for a simple cause: the right against discrimination for their homosexual nature. Hate against
members of the LGBT community was rampant prior to human rights advocacies. Prior to such movements, homosexual acts were
criminalized in the form of penalties ranging from simple fines to more egregious punishments such as imprisonment and death.
Outside the legal scope, hate against homosexuality was prevalent in the form of mass shootings, violence, public discrimination,
occupational discrimination, and educational prejudice.

What the LGBT seeks to attain is simply to put an end to discrimination against homosexuality in society by establishing and instilling
acceptance in the minds of the general public. Through the use of protests, petitions, demonstrations, and the media, the LGBT has
managed to establish footing in their goal to seek an end to discrimination and hate.

The LGBT employs a humanitarian approach, appealing to the compassion and good nature of people in order to raise awareness
regarding the nature of homosexuality. They seek acceptance in society by enlightening the global community as to the non-
immorality of homosexuality.

Among the legal advocacies that the LGBT advocates for are: (1) right to marry the same sex; (2) property relations between
homosexual partners; (3) right to adopt children as a homosexual couple; and (4) the right to benefits similar to heterosexual
relations.

GAY MARRIAGE

Netherlands became the first country in the world to have legalized homosexual marriage on the 1 st of April in the year 2001. Same-
sex couples were then allowed to marry, divorce, claim pensions and benefits, and adopt children.

Meanwhile, the Vatican began an advocacy in 2003 that sought to campaign against same-sex marriage. According to the Vatican,
for politicians to support same-sex marriage is gravely immoral and ungodly. Pope John Paul II, through the Vatican, issued a 12-
page set of guidelines that sought to curtail the further propagation of granting legal rights to homosexual unions. The Vatican
stated that marriage exists solely between a man and a woman and that marriage is holy while homosexual acts go against the
natural moral law.

2004 was a year marked as a tug-of-war between vehement gay rights advocates and equally vehement anti-gay rights advocates
with several states such as California that had passed a law known as The Domestic Partner Rights and Responsibilities Act of 2003
that recognized same-sex partnerships. Massachusetts also followed suit after the Supreme Court of Massachusetts held that
barring an individual from the protections, benefits, and obligations of civil marriage solely because that person would marry a
person of the same sex violates the Massachusetts Constitution.

In San Francisco, California, marriage licenses were issued to same-sex couples and at least 15 same-sex marriages were held as
there was no law in Californian legislature that explicitly banned such marriages. However, the Californian Supreme Court rendered
a decision to put a halt to all gay marriages and the issuance of marriage licenses to same-sex couples within the state until after the
Supreme Court could hold a hearing regarding gay marriage.
On May 17, 2004, the first legal gay marriage in the United States was held in Cambridge Massachusetts. From then on, it had been a
constant struggle between pro-gay marriage and anti-gay marriage advocates with conservative states electing to ban gay marriage
while liberal states voted to allow such marriages.

It was on June 26, 2015 when all the struggling came to a halt when the United States Supreme Court decided that the United States
Constitution guarantees a right to same-sex marriage. After decades of litigation and public advocacies, the US Supreme Court
legalized gay marriage in all 50 states. The Court, in this decision, holds same-sex couples may exercise the fundamental right to
marry in all States. It follows that the Court also must hold—and it now does hold—that there is no lawful basis for a State to refuse
to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character.

THE LGBT IN THE PHILIPPINES

According to a survey titled “The Global Divide on Homosexuality,” the Philippines ranked as the 10 th most gay-friendly nation in the
world and the most gay-friendly Asian nation. The US-based survey showed that over 73% of adult Filipinos agreed that
homosexuality must be accepted in society.

However, discrimination against homosexuals runs rampant at home, in the workplace, and in school in forms as light as plain
teasing to outright hate, physical violence, and prejudice against their opportunities and benefits. This runs contrary to the
aforementioned survey. LGBT activists in the Philippines claim that they are treated as second-class citizens in that they are simply
tolerated but not accepted. The difference between the two lies in the level of lenience towards homosexuality. Acceptance
connotes that there have been active and positive movements towards integrating members of the LGBT into society at large. In
tolerance, the members of the LGBT are merely acknowledged to be existent.

Although the Philippines has been ranked as one of the most gay-friendly nations, several bills advocating for same-sex marriages
have failed to pass in the legislative department. Constitutionally, there is nothing in the document that states that same-sex
marriage is prohibited in that Article XV of the present 1987 Constitution simply provides:

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.

However, the Family Code of the Philippines provides therein in Section 1 thereof provides:

Art. 1. Marriage is a special contract of permanent union between a man and a woman entered into in accordance with law
for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose
nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements
may fix the property relations during the marriage within the limits provided by this Code.
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