THE LEGALIZATION OF SAME SEX MARRIAGE

INTRODUCTION

In our generation today, homosexuals have been widely accepted by the majority

may it be a gay or a lesbian. People have come to recognize the existence of the "third

sex" and through time they have also accepted “same-sex relationships" in our society.

But controversies and arguments arise when homosexuals started proposing the idea of

legalizing "same-sex marriage".

The issue on legalizing same-sex marriage has been going on for decades. It has

received a lot of objection and opposition since it contradicts the accustomed meaning of

marriage as a "union between a man and a woman". Though there have been few

countries which have approved or have begun to legally formalizing marriage between

same sex marriage like Canada, Italy and etc. Still the majority of countries do not

recognize this kind of marriage.

The researchers pond this issue because it has always been an informal situation

in the society. It is a fact that homosexuals are common subject of discussion among

genders and up until now, they are not well accepted in their own living environment and

are discriminated. It is very interesting and controversial that led the researchers to study

the said issue.

Marriage has usually been a commitment between the male and female. But

nowadays, various countries around the world recognize the union between same sexes.

In many cultures the issue of same sex marriage has ignited a firestorm of controversy in

the press and living rooms.

the question of how it is recognized and understood has overwhelmed every human

civilization. And today in a number of foreign countries, laws extending civil marriage to

gay and lesbian couples have been enacted. In 2001 the Netherlands opened civil

marriage to gay couples and allowed them to adopt children as well. Belgium followed

suit in 2003, although it did not go as far as the Netherlands: gay couples have no

adoption rights in Belgium. Most other European countries only allow for some kind of

registered partnership with some degree of protection. By now most legal systems in

Europe provide some kind of status, even in Catholic countries like Spain. Some states

of the United States have followed and provided registries for same-sex partnerships and

grant them certain rights.

The Philippines is one of the most Catholic or church influenced country in the

world. It has always been advocated in keeping the laws of God. The critics of same sex

unions have also gone beyond debates and discourse for the past. Many Filipino

homosexual’s has been protesting for their freedom rights to consider the union between

same sex relationships. Until now, the government has no grant given for this plea.

According to the family code of the Philippines or executive order 209, “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." Not meeting this

requirement will make the marriage invalid.

The expectations for the study are to lead to more open-minded students and

for them to be knowledgeable to the situation. Moreover, be able to tabulate answers

marriage in our country.

SIGNIFICANCE OF THE STUDY

This study will benefit the following groups of people:

Students. To be informed about the current status of same sex marriage in the

Philippines.

Future Researchers. As a raw material or background for future reference.

Society. To have better understanding on the situation of homosexuals.

Government. The recommendations of the researchers would help them

recognize what measures to be undertake to the issue on the legalization of same-sex

marriage.

CONCEPTUAL FRAMEWORK

INDEPENDENT VARIABLE DEPENDENT VARIABLE

THE LEGALIZATION SAME SEX MARRIAGE

This study aims to determine the legalization of Same-Sex Marriage in the

Philippines.

1. How do respondents assessed the legalization of Same-Sex Marriage in

the Philippines?

2. What measures can the government undertake on the legalization of same

sex marriage?

REVIEW OF RELATED LITERATURE AND STUDIES

This chapter presents the literature and studies which are found relevant to the

study. These where made by foreign and local researchers which were reviewed and

presented in this chapter. These convey different point of views on the legalization of

same sex marriage.

RELATED LITERATURE

SAME SEX MARRIAGE

Same-sex marriage, the practice of marriage between two men or between two

women. Although same-sex marriage has been regulated through law, religion, and

custom in most countries of the world, the legal and social responses have ranged from

celebration on the one hand to criminalization on the other.

According to Victoria Dizon Urieta on her thesis entitled "Perceptions of

homosexuals and other people" at the De LaSalle University, 1998, Homosexuality has

been considered a deviant behavior because of the fact that it is immoral and its lifestyle

does not conform to society's standards. Majority of the people in the Philippines are not

used to the mindset of the homosexuals who are pursuing the law towards the

legalization of same-sex marriage because it is against the mores. In addition to that

Philippines is a Catholic country with strong beliefs on unity of man and woman as

stated in the bible.

Development Act of 2011 (HB 4244) and the Divorce Bill (HB 1799), according to

Casiño. He said the Catholic Church has described the confluence of these civil rights

bills as an assault on morality.“But there was no deliberate design to advocate all these

bills at the same time in Congress,” he said. “We only have three years [to promote civil

rights legislation of this nature], and we are glad when Congress finally discusses them

on plenary, like the RH bill.” Casiño said activist lawmakers have been competing with

their colleagues, “and just seeing our bills selected for hearing by congressional

committees is already a thrill.”

According to Ige Ramos of Philippine Daily Inquirer, in the Philippines, same-sex

unions will never be legalized as long as the political sector continues to allow itself to

be influenced, not just by the Church of Rome, but also by all Christian faiths. This was

never more evident than during a recent debate among presidential candidates, when

all revealed their true colors by stating that they did not fully approve of the long-delayed

Reproductive Health bill. This I view not as a reflection of their principles, but rather
what they felt their fundamental Christian voters wanted to hear. And therein lies the

hypocrisy!

FOREIGN

Baha'i faith is the youngest of the world's independent religions stated their belief

on homosexuality. Sexual activity between persons of the same sex is known from

many places far and near throughout history. A classic comparative study of sexual

behavior patterns in 1951 found that homosexual activity was considered socially

acceptable and normative for certain people in 64 percent of the seventy-six societies

studied. Moreover, institutionalized homosexuality is known among peoples from parts

of Africa and Asia, among North and South American Indian tribes, among peoples on

the islands of the Pacific, including New Guinea, and among the Australian aborigines; it

also occurs as a religious theme among the ancient Greeks, the Celts, and the Romans,

in ancient Arabia and Sufism, in feudal Japan, and in various Indo-European traditions.

In Christianity, homosexuality is condemned in the strongest terms as a sin

alongside other sexual vices (Rom. 1:27, 1 Cor. 6:9, 1 Tim. 1:10), although Christian

attitudes have varied over time. The Qur'an describes homosexuality as an "impious

act" (7:79) and there are Hadith that allege that Muhammad said both the passive and

active agent should be killed. On the Day of Resurrection, the man who sodomises

another will suffer eternal damnation, unless he obtains pardon through repentance.

On the article "Obama Administration Drops Defense of Anti-Gay Marriage Law"

of foxnews.com, The Obama administration announced that it will no longer defend the

federal law that defines marriage as a union between a man and a woman. The reason

behind this is that Holder said members of Congress may step up to defend the statute,
but the Justice Department "will cease defense." He noted that the congressional debate

during passage of the Defense of Marriage Act "contains numerous expressions reflecting

moral disapproval of gays and lesbians and their intimate and family relationships. The

Human Rights Campaign called the decision a "monumental" move against a law that

"unfairly discriminates against Americans."

RESEARCH DESIGN

The study investigates the legalization of same sex marriage, based on their age,

course, religion, sexual preferences and gender. For the study, the researchers employ

the descriptive method analysis. To define the descriptive type of research, Creswell

(1994) stated that the descriptive method of research is to gather information about the

present existing condition. The emphasis is on describing rather than on judging or

interpreting. The aim of descriptive research is to verify formulated hypotheses that refer

to the present situation in order to elucidate it. Through this method, the researchers will

be able to gather information regarding the legalization of this pond.

RESPONDENT/SAMPLE

A total of 100 respondents were asked to participate which was advised by the

thesis adviser due to lack of time. To achieve pertinent information, certain inclusion

criteria were imposed. The participants qualified for sample selection must be senior

students of the FEU Senior High School. This qualification ensured that the participants

have better understanding on the current issue of the legalization of same sex marriage,

making the survey items easy for them to accomplish. The study also aimed to determine

whether they agree or disagree with the issue of same sex marriage's legalization.
 Simple random sampling was done for the sample selection. This sampling method

is conducted where each member of a population has an equal opportunity to become

part of the sample. As all members of the population have an equal chance of becoming

a research participant, this is said to be the most efficient sampling procedure. In order to

conduct this sampling strategy, the researcher defined the population first, listed down all

the members of the population and then selected members to make the sample.

RESEARCH INSTRUMENT

To conduct the study, the researcher first made the draft of the questionnaire

contain the questions that would probably give vital information for this research.

Questionnaires composed of personal information and questions that would define the

answers. The type of questionnaire used by the researchers is the close or fixed

alternative; on the other hand limit the respondents to choose among specific alternatives.

It was first validated by our thesis adviser to ensure the validity of each item contained.

Item analysis was done by the researchers.

DATA GATHERING PROCEDURE

After gathering all the completed questionnaires from the respondents, total

responses for each item were obtained and tabulated. In order to use the likerts-scale for

interpretation, weighted mean to represent each question was computed. Weighted mean

is the average wherein every quantity to be averages has a corresponding weight. These

weights represent the significance of each quantity to the average. To compute for the

weighted mean, each value must be multiplied by its weight. Products should then be
added to obtain the total value. The total weight should also be computed by adding all

the weights. The total value is then divided by the total weight.

As this study required the participation of human respondents, specifically human

resource professionals, certain ethical issues were addressed. The consideration of these

ethical issues was necessary for the purpose of ensuring the privacy as well as the safety

of the participants. Among the significant ethical issues that were considered in the

research process include consent and confidentiality. In order to secure the consent of

the selected participants, the researcher relayed all important details of the study,

including its aim and purpose. By explaining these important details, the respondents

were able to understand the importance of their role in the completion of the research.

The respondents were also advised that they could withdraw from the study even during

the process. With this, the participants were not forced to participate in the research. The

confidentiality of the participants was also ensured by not disclosing their names or

personal information in the research. Only relevant details that helped in answering the

research questions were included.

CONCLUSION

The researchers come up with the following conclusions:

1. The demographic profile of the respondents

Majority of the respondents in this study are female with an age of 17-20

years old. It is safe to say that the assessment on the legalization on same sex

marriage are mostly dominated in the point of view of females but still, this will

not overlook the data gathered regarding the perception of the male respondents
 in the study. And also nearly everyone of the respondents’ religion is Roman

Catholic. The largest parts of the respondents are students of Bachelor of

Science in Tourism.

2. The perceptions of students towards the Legalization of Same Sex Marriage in the
Philippines

 Morality
Most of the respondents of this study believe that same sex marriage is against

their religious beliefs and it is against the law of God. It is very much understandable

since Philippines is a very religious country with 80% of its population belonging to the

Roman Catholic Church thus religion holding a central place in the life of most Filipinos.

The respondents also consider that same sex marriage is against the mores and it is

alongside other sexual vices.

 Acceptability
Majority of the respondents agrees that homosexuals are acceptable for them.

But most of the student respondents cannot decide whether same sex relationship is

immoral or not, and are neutral in supporting the homosexuals’ lifestyle and same sex

marriage. Most of the respondents strongly disagreed in legalizing the same sex

marriage in the Philippines.

 Expectations
The large number of respondents cannot decide or cannot weigh their answer if

same sex marriage shows fairness and equality among people, especially the third

sexes. They also cannot decide whether same sex marriage should be given the same

benefits as normal marriage have. In addition, they cannot decide whether same sex
marriage improves people’s lives. But in the later part, most of them strongly agreed

that same sex marriage creates better harmony in the family than normal marriage.

3. The policies and programs that the government can undertake on the Legalization of
Same Sex Marriage
We have concluded that the if ever the Legalization of same sex marriage be

approved in the Philippines, their first priority for the requirements to those who are in a

same sex relationship that wants to get married is that they should have consent or

authorization on both family sides. Secondly is that both gay people should b of the age

21 years old and above so that the government is rest assured that the people involved

are mature enough and are of their proper mind to make the decision. The government

should also require 500,000 Php marriage fee for the same sex couple to get an

authorized marriage contract. And lastly Legalization of Same Sex Marriage should only

be given after 2 years of living together, by doing so they will be sure if their marriage

can last long or if they are really compatible with each other.

LIST OF RESOURCES

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2009523

https://www.coursehero.com/file/23326603/86291566-Thesis-Chapters-1-5-Finalization/

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dignity-of-man-Such-acts-frustrate/

https://www.coursehero.com/file/p3caje8/In-Philippine-Daily-Inquirer-Jocelyn-R-Uy-wrote-

that-Catholic-bishops-wants/

https://onlinelibrary.wiley.com/doi/full/10.1111/1467-9809.12559
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https://www.undp.org/content/dam/philippines/docs/Governance/Philippines%20Report_F

inal.pdf

http://www.chanrobles.com/executiveorderno209.htm

https://libguides.dlsu.edu.ph/c.php?g=807146&p=5760979

https://www.dissentmagazine.org/article/a-right-to-marry-same-sex-marriage-and-

constitutional-law