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Your guide to the Supreme Court oral arguments on same-sex marriage

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Your guide to the Supreme Court oral arguments on same-sex marriage

MANILA, Philippines – In May 2015, only two months after he passed the Philippine Bar, Jesus Falcis III  filed a petition seeking to legalize same-sex marriage in this predominantly Catholic country.

The petition was the first of its kind.

Marriage equality is typically fought in Congress, and for years, the Philippine Lesbian, Gay, Bisexual, Transgender (LGBT) movement has lobbied for the enactment of an anti-discrimination law and not a law on same-sex marriage.

The strategy was apparently to wage one battle at a time. Once the proposed anti-discrimination law is passed, then same-sex marriage would follow.

Yet, here we are now.

In a historic first, the Supreme Court will tackle same-sex marriage in oral arguments on Tuesday, June 19, because one young, gutsy, gay lawyer thought this was a battle better fought in the Court, not in Congress.

“Mauuna pa tayo sa mga ibang issues sa Pilipinas, at mauuna pa tayo sa ibang bansa sa Asian region na medyo conservative  (We will be ahead of other issues in the Philippines, and we will be ahead of other countries in the Asian region that are conservative),” Falcis said, referring to the oral arguments.

However, “it is not that soon,” the lawyer said. It took the Supreme Court 3 years to schedule his petition for oral arguments. (READ:  SC applicants agree with U.S ruling favoring baker in gay wedding cake case )

It has certainly been a long time coming for petitioner-intervenor Ceejay Agbayani, pastor of an LGBT Christian Church, who has been marrying same-sex couples for years, though their marriages are not recognized by the State.

Agbayani is “married” to partner of 12 years Marlon Felipe. The pastor is 44 years old.

“Nanghihina na ako, akala ko hindi ko maaabot ang araw na ito  (I’m getting weak, I thought that I wouldn’t live long enough to see this day),” Agbayani said.

He and Felipe intervened in the Falcis petition to boost its legal standing. The couple’s application for a marriage license was denied, making personalities with an actual stake in the case.

Agbayani said he sought out Falcis when he heard in 2015 that the young lawyer had filed a petition.

“Sabi ko, thank Jesus! I love Jesus, both Jesus the attorney and the historical Jesus. Finally, this guy, whom I’ve never met, meron din siyang pagnanasa for marriage equality, eh ang kulang lang namin, actually, attorney. Noon pa man gusto na naming magKorte Supreme pero wala kaming attorney,” Agbayani said.

(I said, thank you Jesus! I love Jesus, both Jesus the attorney and the historical Jesus. Finally, this guy, whom I’ve never met, he also wants marriage equality. The only thing we lacked then was a lawyer. We have always wanted to go to the Supreme Court, but we didn’t have a lawyer.) 

At 31, Falcis is one of the youngest lawyers to ever face oral arguments before the Supreme Court. He will have his most-awaited day in Court on June 19. The Office of the Solicitor General (OSG) will represent the State.

Here is your guide to the oral arguments:

These are the provisions of the Family Code in question:

Article 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.

Article 2: No marriage shall be valid, unless these essential requisites are present:  (1) Legal capacity of the contracting parties who must be a male and a female  

These are the provisions in the Constitution that the petition alleges to have been violated by the aforementioned:

Section 1, Article III:  No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.

  Section 3(1), Article XV: The State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood

1. Should the petition be subject to the Court’s power of judicial review?

Petition: Yes, because “Articles 1 and 2 of the Family Code trigger a strict judicial scrutiny because it violates the fundamental rights to decisional and marital privacy and because it created a suspect classification.”

A suspect classification happens when a class of individuals is discriminated against. In legal principles, suspect classification should be subject to strict Court scrutiny.

State: No, because “the legal definition of marriage between a man and a woman is a policy issue within the authority of Congress, not the Courts, to decide.”

The OSG also added that the petition was defective because it did not implead  Congress, the body that makes laws, and the body that passed the assailed Family Code.

2. What do the laws say?

Petition: The passing of the Family Code provisions limiting marriage to a man and a woman only constitute grave abuse of discretion because the Constitution did not define marriage as solely between a man and a woman. (The Family Code was signed into law on July 6, 1987, or 6 months after the Constitution was ratified in February that year.)

Similarly, the marriage provisions in the 1949 Civil Code did not limit marriages to a man and a woman only.

Here is the pertinent Civil Code provision:

Article 54. Any male of the age of sixteen years or upwards, and any female of the age of fourteen years or upwards, not under any of the impediments mentioned in Articles 80 to 84, may contract marriage.  

State: “The Civil Code only allows heterosexual marriage.”

The OSG said that the use of the word “and” in Article 54 – any male aged 16 years or upwards AND any female of the age 14 years or upward – means marriage was limited to a male and female, not male or female.

The OSG added that Title V and VI of the Civil Code mentions a “husband and wife” which further bolsters the claim that the Civil Code “only sanctions heterosexual marriage.”

3. Did Philippine laws intend marriage for procreation?

Petition: No. Articles 2 and 3 of the Family Code “do not require married individuals to procreate or have the ability to procreate.”

Article 45(5) of the Family Code lists as a ground for annulment if either party “is incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable.” The petition said this is impotency.

“Homosexuals ordinarily are not impotent…because they are ordinarily not sterile,” the petition said, meaning homosexuals have the capacity to consummate the marriage.

On the issue of whether they can procreate, the petition said they are not prohibited by Philippine laws to adopt children. It cited a Supreme Court ruling that sided with a lesbian mother in a custody battle, saing that “sexual preference or moral laxity alone does not prove parental neglect or incompetence.”

State: Yes. “This state and societal interest to encourage procreation in a stable environment of a traditional family had been the reason for limiting marriage between a man and a woman, and in effect, creating a classification between couples that may avail of the special contract of marriage, and those that cannot.”

The OSG also cites Articles 46 and 55 of the Family Code, which count homosexuality as legal grounds for annulment.

Article 46(4): Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article: Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.

Article 55(6): A petition for legal separation may be filed on any of the following grounds: Lesbianism or homosexuality of the respondent

For the petitioner, if Articles 2 and 3 should be declared unconstitutional, then Articles 46 and 55 shall also be declared unconstitutional.

The OSG disagreed, saying that the provisions gave importance to conjugal intimacy which is “after all, the means for procreation of children and establishing a family.”

It cited an SC ruling which voided a marriage based on the wife’s complaint that the husband was not having sex with her.

The ruling said: “To procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage. Constant non- fulfillment of this obligation will finally destroy the integrity or wholeness of the marriage.”

4. Does limiting marriage to men and women only violate the equal protection clause?

Petition: Yes, because the classification does not rest on substantial distinction.

To explain, equal protection clause will not apply if these 4 conditions are satisfied:

  • It must rest on substantial distinctions
  • It must be germane to the purposes of law
  • It must not be limited to existing conditions only
  • It must apply equally to all members of the same class

There is substantial distinction if it can be justified why a certain class is treated differently. The petition said there is no substantial distinction between same sex couples and opposite sex couples.

If it’s their inability to procreate, the petition asks: Why are old heterosexual couples who are sterile and cannot procreate allowed to marry?

State: No, equal protection clause will not apply because the second condition was met, which is that it is germane or relevant to the purposes of the law.

The OSG goes back to the issue of procreation, and argued that procreation was among the main purposes of limiting marriage between a man and a woman only.

“While societal views of marriage as well as methods for procreation may be arguably changing since then, the laws that these norms initiated are slow to follow suit. The remedy for this perceived lethargy, however, lies with Congress, and not with the judiciary,” the OSG said.

5. Does limiting marriage to men and women only violate Section 3(1), Article XV of the Constitution?

Petition: Section 3(1), Article XV says the State shall defend the right of spouses to found a family in accordance with their religious convictions and the demands of responsible parenthood.

The petition argues that like Agbayani, individuals belonging to religious denominations believe in same-sex marriage. Therefore, their right to found a family in accordance with their religious convictions is violated.

State: Petitioners cannot invoke Section 3(1), Article XV because it is not a self-executory right.  

A self-executory right is one which does not need an enabling law to enforce. In general principles, a person cannot invoke a law that is a non-self executory right to void another law which may be inconsistent with it.

The OSG cited a past SC ruling which says Section 3(1), Article XV are non-self executory and are “mere statements and principles and policies.”

The OSG also said that according to the deliberations of the 1986 Constitutional Commission, Section 3(1), Article XV was meant to direct Congress to enact laws that will “further its policy for the Filipino family, while prohibiting it from interfering with the number of children that couples may beget.”

“It does not provide for a self-executory right that may be made the legal basis of petitioners’ alleged inequality,” the OSG said.  

The OSG said that allowing same-sex marriage will complicate other gender specific laws in marriages, like how a husband’s decision will prevail in disagrement over a community property, and how a wife is assumed to have better abilities to raise a child of tender age, or the classification of adultery and concubinage.

For the petitioners, marriage equality will be worth all the trouble. “I am a Filipino, give us this right, we are not different, we are part of this country too,” Agbayani said.

Oral arguments will start 2 pm on Tuesday, June 19. – Rappler.com  

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Same Sex Marriage Argumentative Essay, with Outline

Published by gudwriter on January 4, 2021 January 4, 2021

Example 1: Gay Marriages Argumentative Essay Outline

Introduction.

Same-sex marriage should be legal because it is a fundamental human right. To have experts write for you a quality paper on same sex marriage, seek help from a trusted academic writing service where you can buy research proposals online with ease and one you can be sure of getting the best possible assistance available

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Paragraph 1:

Same-sex marriage provides legal rights protection to same sex couples on such matters as taxes, finances, and health care.

  • It gives them the right to become heirs to their spouses and enjoy tax breaks just like heterosexual married couples.
  • It makes it possible for them to purchase properties together, open joint accounts, and sign documents together as couples.

Paragraph 2:

Same sex marriage allows two people in love to happily live together.

  • Homosexuals deserve to be in love just like heterosexuals.
  • The definition of marriage does not suggest that it should only be an exclusive union between two people of opposite sexes.

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Paragraph 3:

Same sex marriage gives homosexual couples the right to start families.

  • Gay and lesbian partners should be allowed to start families and have their own children.
  • A family should ideally have parents and children.
  • It is not necessary that the parents be a male and female.  

Paragraph 4:

Same sex marriage does not harm the institution of marriage and is potentially more stable.

  • Legalization of civil unions or gay marriages does not  negatively impact abortion rates, divorce, or marriage.
  • Heterosexual marriages have a slightly higher dissolution rate on average than opposite sex marriages.

Paragraph 5:

Opponents of same sex marriage may argue that it is important for children to have a father and mother for a balanced upbringing.

  • They hold that homosexual couples only have one gender influence on children.
  • They forget that that children under the parental care of same sex couples get to mingle with both male and female genders in various social places.

Paragraph 6:

Opponents may also argue that same-sex marriages reduce sanctity of marriage.

  • To them, marriage is a religious and traditional commitment and ceremony.
  • Unfortunately, such arguments treat marriage as a man-wife union only.
  • They fail to recognize that there are people who do not ascribe to any tradition(s) or religions.
  • Same sex marriage is a human right that should be enjoyed just like traditional heterosexual marriages.
  • It protects the legal rights of lesbian and gay couples and allows them to actualize their love in matrimony.
  • It enables them to exercise their right to start families and bring up children.
  • It is only fair that all governments consider legalizing same sex marriages.

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Argumentative Essay on Same Sex Marriage

For many years now, same-sex marriage has been a controversial topic. While some countries have legalized the practice, others still consider it not right and treat it as illegal. Same-sex marriage is defined as a marriage or union between two people of the same sex, such as a man and a man. Some countries have broadened their perspective on this issue even though for many years, it has never been legally acknowledged, with some societies even considering it a taboo. The United Kingdom, Spain, France, Argentina, the Netherlands, and recently the United States are some of the countries that have legalized it (Winter, Forest & Senac, 2017). Irrespective of any arguments, same-sex marriage should be legal because it is a fundamental human right.

First, same-sex marriage, if recognized by society, provides legal rights protection to same sex couples on such matters as taxes, finances, and health care. If people live together in a homosexual relationship without being legally married, they do not enjoy the security to protect what they have worked for and saved together. In case one of them dies, the surviving partner would have no right over the property under the deceased’s name even if they both funded its acquisition (Winter, Forest & Senac, 2017). Legalizing same-sex unions would cushion homosexual partners from such unfortunate situations. They would have the right to become heirs to their spouses and enjoy tax breaks just like heterosexual married couples. Legalization would also make it possible for them to purchase properties together, open joint accounts, and sign documents together as couples.

Same sex marriage also allows two people in love to become one in a matrimonial union and live happily together. Denying homosexual couples the right to marry is thus denying them the right to be in love just like heterosexuals do. Moreover, the definition of marriage does not suggest that it should only be an exclusive union between two people of opposite sexes. According to Gerstmann (2017), marriage is a formally or legally recognized union between two people in a personal relationship. As per this definition, people should be allowed to marry once they are in love with each other irrespective of their genders. Reducing marriage to a union between a man and woman is thus a direct infringement into the rights of homosexuals.

Additionally, gay marriages give homosexual couples the right to start families. Just like heterosexual couples, gay and lesbian partners should be allowed to start families and have their own children. Essentially, a family should ideally have parents and children and it is not necessary that the parents be a male and female. Same sex partners can easily adopt and bring up children if their marriage is legalized and recognized by the society in which they live (Gerstmann, 2017). As one would concur, even some heterosexual couples are not able to sire their own children and resort to adopting one or even more. This is a right that should be extended to same sex couples too given that they may not be able to give birth on their own.

Further, same sex marriage does no harm whatsoever to the institution of marriage, and is potentially more stable. According to a 2009 study, legalization of civil unions or gay marriages does not in any way negatively impact abortion rates, divorce, or marriage (Langbein & Yost, 2009). This makes it quite uncalled for to argue against or prohibit gay marriages. In yet another study, only 1.1 percent of legally married gay couples end their relationships as compared to the 2 percent annual divorce rate among opposite-sex couples (Badgett & Herman, 2011). This implies that heterosexual marriages have a slightly higher dissolution rate on average than opposite sex marriages. It could then be argued that gay marriages are more stable than traditional man-woman marriages. The two types of marriages should thus be given equal chance because neither affects the other negatively. They also have more or less equal chances of succeeding if legally recognized and accepted.

Opponents of same sex marriage may argue that it is important for children to have a father and a mother. They may say that for children to have a good balance in their upbringing, they should be influenced by a father and a mother in their developmental years. Such arguments hold that homosexual couples only have one gender influence over the lives of children and that this is less fulfilling (Badgett, 2009). However, the arguments fail to recognize that children under the parental care of same sex couples get to mingle with both male and female genders in various social places. At school, the children get to be cared for and mentored by both male and female teachers who more or less serve almost the same role as parents.

Those who are opposed to same sex unions may also argue that such marriages reduce sanctity of marriage. To them, marriage is a religious and traditional commitment and ceremony that is held very sacred by people. They contend that there is need to do everything possible to preserve marriage because as an institution, it has been degrading slowly over time. Their concern is that traditional marriages are being devalued by same sex marriages which are swaying people away from being married and instead choosing to live with same sex partners (Nagle, 2010). It is clear here that such arguments treat marriage as a man-woman union only and are thus not cognizant of the true meaning of marriage. Moreover, they fail to recognize that traditions and religions should not be used against same sex couples because there are people who do not ascribe to any tradition(s) or religions.

Same sex marriage is a human right that should be enjoyed just like traditional heterosexual marriages. It protects the legal rights of lesbian and gay couples and allows them the well-deserved opportunity of actualizing their love in matrimony. In addition, it enables them to exercise their right to start families and bring up children. Arguments made against this form of marriage, such as that it undermines traditional marriages, are based on opinions and not facts. Moreover, it is not important for a child to have a father and a mother because there are other places in which they actively interact with people of different sexes. As such, it is only fair that all governments consider legalizing gay marriages.

Badgett, M. V., & Herman, J. L. (2011).  Patterns of relationship recognition by same-sex couples in the United States [PDF]. The Williams Institute. Retrieved from https://williamsinstitute.law.ucla.edu/wp-content/uploads/Marriage-Dissolution-FINAL.pdf .

Badgett, M. V. (2009). When gay people get married: what happens when societies legalize same-sex marriage . New York, NY: NYU Press.

Gerstmann, E. (2017). Same-sex marriage and the constitution . New York, NY: Cambridge University Press.

Langbein, L., & Yost, M. A. (2009). Same-sex marriage and negative externalities.  Social Science Quarterly , 90(2), 292-308.

Nagle, J. (2010). Same-sex marriage: the debate . New York, NY: The Rosen Publishing Group.

Winter, B., Forest, M., & Senac, R. (2017). Global perspectives on same-sex marriage: a neo-institutional approach . New York, NY: Springer.

Explore a persuasive essay about strengthening community handled by our tutors following the prompt provided.

Example 2: Sample Essay Outline on Same Sex Marriages

Thesis:  Same sex marriage, just like opposite sex marriage, should be legal.

Pros of Same Sex Marriage

Same sex couples are better at parenting.

  • Children brought up by same sex couples do better in terms of family cohesion and overall health.
  • Children under the guardianship of lesbian mothers perform better academically and socially.

Same sex marriage reduces divorce rates.

  • The divorce rates in a state were reduced significantly after the state legalized gay marriages. Higher divorce rates were recorded in states where gay marriages are prohibited.
  • Divorce is not good for family cohesion.

Same sex marriage increases psychological wellbeing.

  • Bisexuals, gays, and lesbians feel socially rejected if society views same-sex marriages as illegal or evil.
  • After some states banned this kind of marriage, bisexuals, gays, and lesbians living there experienced increased anxiety disorders.

Cons of Same Sex Marriage

Same sex marriages may diminish heterosexual marriages.

  • It could be possible for children in homosexual families to think that same sex unions are more fulfilling.
  • They might want to become homosexuals upon growing up.

For a holistic development, a child should have both mother and father.

  • Absence of a father or a mother in a family leaves a gaping hole in the life of a child.
  • A child needs to learn how to relate with both male and female genders right from when they are born.

Other non-typical unions may be encouraged by same sex unions.

  • People who get involved in such other acts as bestiality and incest may feel encouraged.
  • They might start agitating for their “right” to get married to animals for instance.

Why Same Sex Marriage Should Be Legal

Paragraph 7:

Marriage is a fundamental human right.

  • All individuals should enjoy marriage as a fundamental right.
  • Denying one the right to marry a same sex partner is akin to denying them their basic right.

Paragraph 8:

Marriage is a concept based on love.

  • It is inaccurate to confine marriage to be only between a man and woman.
  • Marriage is a union between two people in love with each other, their gender or sexual orientation notwithstanding.

Paragraph 9:

opponents of same-sex marriage argue that a relationship between same-sex couples cannot be considered marriage since marriage is the union between a man and a woman.

  • However, this definitional argument is both conclusory and circular.
  • It is in no way logical to challenge gay marriage based on this archaic marriage definition.

Same sex marriage should be legalized by all countries in the world. In the U.S., the debate surrounding its legalization should die off because it is irrelevant. People have the right to marry whoever they like whether they are of the same sex.

Same Sex Marriage Essay Example

The idea of same sex marriage is one of the topics that have been widely debated in the United States of America. It has often been met with strong opposition since the majority of the country’s citizens are Christians and Christianity views the idea as evil. On the other hand, those who believe it is right and should be legalized have provided a number of arguments to support it, including that it is a fundamental human right. This debate is still ongoing even after a Supreme Court ruling legalized this type of marriage. However, this debate is unnecessary because same sex marriage, just like opposite sex marriage, should be legal.

It has been proven through studies that same sex couples are better at parenting. A University of Melbourne 2014 study indicated that compared to children raised by both mother and father, children brought up by same sex couples do better in terms of family cohesion and overall health. Similarly, the journal  Pediatrics  published a study in 2010 stating that children under the guardianship of lesbian mothers performed better academically and socially (Gerstmann, 2017). The children also experienced fewer social problems.

Same sex marriages also reduce divorce rates. According to Gerstmann (2017), the divorce rates in a state were reduced significantly after the state legalized gay marriages. This was as per the analysis of the before and after divorce statistics. Likewise, higher divorce rates were recorded in states where gay marriages are prohibited. Generally, divorce is not good for family cohesion especially in terms of caring for children. Children need to grow up under the care of both parents hence the need for their parents to stay together.

In addition, same sex marriage increases psychological wellbeing. This is because bisexuals, gays, and lesbians feel socially rejected if society views same-sex marriages as illegal or evil. A study report released in 2010 showed that after some states banned this kind of marriage, bisexuals, gays, and lesbians living there experienced a 248% rise in generalized anxiety disorders, a 42% increase in alcohol-use disorders, and a 37% rise in mood disorders (Winter, Forest & Senac, 2017). In this respect, allowing such marriages would make them feel normal and accepted by society.

Same sex marriages may diminish heterosexual marriages and the longstanding marriage culture in society. Perhaps, it could be possible for children in homosexual families to think that same sex unions are more fulfilling and enjoyable than opposite-sex relationships. As a result, they might want to become homosexuals upon growing up. This would mean that standardized marriages between opposite sexes face a bleak future (Nagle, 2010). Such a trend might threaten to throw the human race to extinction because there would be no procreation in future generations.

Same sex unions also fall short because for a holistic development, a child should have both a mother and a father. Absence of a father or a mother in a family leaves a gaping hole in the life of a child. The two major genders in the world are male and female and a child needs to learn how to relate with both of them right from when they are born (Nagle, 2010). A father teaches them how to live alongside males while a mother teaches them how to do the same with females.

Further, other non-typical unions may be encouraged by same sex unions. If the marriages are accepted worldwide, people who get involved in such other acts as bestiality and incest may feel encouraged (Winter, Forest & Senac, 2017). They might even start agitating for their “right” to get married to animals, for instance. This possibility would water down and deinstitutionalize the whole concept of consummation and marriage. This would further diminish the existence of heterosexual marriages as people would continue to find less and less importance in them.

Same sex unions should be legal because marriage is a fundamental human right. It has been stated by the United States Supreme Court fourteen times since 1888 that all individuals should enjoy marriage as a fundamental right (Hertz & Doskow, 2016). In making these judgments, the Supreme Court has repeatedly stated that the Due Process Clause protects as one of the liberties the freedom to make personal choice in matters of marriage. The Court has maintained that this free choice is important as it allows free men to pursue happiness in an orderly manner. Thus, denying one the right to marry a same sex partner is akin to denying them their basic right.

People should also be legally allowed to get into same sex unions since marriage is a concept based on love. It is traditionally inaccurate to confine marriage to be only between a man and a woman. The working definition of marriage should be that it is a union between two people in love with each other, their gender or sexual orientation notwithstanding (Hertz & Doskow, 2016). Making it an exclusively man-woman affair trashes the essence of love in romantic relationships. If a man loves a fellow man, they should be allowed to marry just like a man and a woman in love may do.

As already alluded to, opponents of same-sex marriage argue that a relationship between same-sex couples cannot be considered marriage since marriage is the union between a man and a woman. Based on this traditional definition of marriage, they contend that gay and lesbian couples should not marry. However, as noted by Carpenter (2005), this definitional argument is both conclusory and circular and is thus seriously flawed and fallacious. It is in no way logical to challenge gay marriage based on this archaic marriage definition. That marriage only happens when one man and one woman come together in a matrimony is a constricted view of the institution of marriage. Moreover, there are no reasons accompanying the definition showing that it is the right one or should be the only one (Carpenter, 2005). Therefore, it should be expanded to include same-sex couples. The lack of reasons to support it makes it defenseless thus weak.

Same sex marriages should be legalized by all countries in the world. In the U.S., the debate surrounding its legalization should die off because it is irrelevant. People have the right to marry whoever they like whether they are of the same sex or not. Just like love can sprout between a man and a woman, so can it between a man and a fellow man or a woman and a fellow woman. There is absolutely no need to subject gays, lesbians, and bisexuals to unnecessary psychological torture by illegalizing same sex marriage.

Carpenter, D. (2005). Bad arguments against gay marriage.  Florida Coastal Law Review , VII , 181-220.

Gerstmann, E. (2017).  Same-sex marriage and the constitution . New York, NY: Cambridge University Press.

Hertz, F., & Doskow, E. (2016).  Making it legal: a guide to same-sex marriage, domestic partnerships & civil unions . Berkeley, CA: Nolo.

Nagle, J. (2010).  Same-sex marriage: the debate . New York, NY: The Rosen Publishing Group.

Winter, B., Forest, M., & Senac, R. (2017).  Global perspectives on same-sex marriage: a neo-institutional approach . New York, NY: Springer.

Example 3: Same Sex Marriage Essay

Same Sex Marriage Essay- Changing Attitudes on Gay Marriage. Discuss how the idea of gay marriage has changed over the last decade and show the progression of the movement.

Changing Attitudes on Same Sex Marriage Essay Outline

Introduction 

Thesis:  Gay marriage was regarded as an abomination in the early years, but in recent times the attitude of the society towards same-sex marriage is gradually changing.

In 1965, 70% of Americans were opposed to same-sex marriage.

  • They cited its harmfulness to the American life.
  • Prevalence of AIDS among gay people further increased this opposition.

Social gay movements contributed to change in the attitude of the society towards gay marriage.

  • Gay movements increased the exposure of members of the society to gay marriage while showing their sufferings.
  • Through social movements, the society saw the need for equality and fair treatment of gay persons.

Political movements in support of gay marriage have as well contributed to change in the attitude of the society towards gay marriage.

  • Political bodies and politicians pushed for equality of gay people in efforts to garner political mileage.
  • The influence of politicians changed the attitude of the society towards gay marriage.

The incidence of gay people, particularly in the United States has contributed to change in the attitude of the society towards gay marriage.

  • Increase in the number of gay persons pushed people into accepting gay marriage.
  • The media contributed in gathering compassion from members of the society by evidencing the sufferings of gay people.

The judiciary upheld the legitimacy of same-sex marriage.

  • In 2014, 42 court rulings were made in favor of gay marriage.
  • There are more than 30 states today with policies in support of same-sex marriage.

The increased push for the freedom of marriage contributed to changing the attitude on gay marriage.

  • The Supreme Court ruling in 1987 that stopped governments from restricting the freedom of marriage worked in favor of same-sex marriage.

Paragraph 7: 

Supporters of same sex marriage have also increasingly argued that people should be allowed to marry not necessarily based on their gender but on the love between them.

  • Restricting marriage to a union between heterosexual couples only creates a biased view of human sexuality.
  • An adult should be allowed the freewill to seek for the fulfillment of love by starting a relationship with a partner of whichever gender of their choosing.

Gay marriage has been the subject of social, political and religious debates for many years but over the past two decades, the attitude of the society towards same-sex marriage has changed. Social gay movements and increased incidence of gay people has compelled the community to accept and tolerate gay marriages. The judiciary has as well contributed to this change in attitude by pushing the freedom and right to marriage.

Changing Attitudes on Same Sex Marriage Sample Essay

In the early years, gay marriage was an abomination and received criticism from many members of society. The principal reason as to why many people in society were objected to gay marriage was that it went against religious and societal values and teachings (Decoo, 2014). However, over the past three decades, the perception of society towards the practice has changed. The degree of its social tolerance and acceptance has gradually improved. In the 2000s, numerous social and political lobby groups pushed for a change in insolences towards gay marriage (Decoo, 2014). Though these lobby groups have tried to advocate for the rights of gay people, their principal focus was to change people’s attitudes towards homosexuality.

According to a study conducted in the year 1965 investigating the attitudes of Americans towards gay marriage, seventy percent of the respondents were opposed to the idea of same-sex marriage citing its harmfulness to the American life. Most Americans felt that the practice went against the social and moral values of the American society. In the years between 1975 and 1977, the number of Americans who were not objected to gay marriage increased (Decoo, 2014). However, this number decreased in the years of 1980, when the prevalence of AIDS among gay people hit alarming levels. In the years that followed, the attitudes of the American society towards gay marriage rapidly changed.

The rise of gay social movements has contributed significantly to a change in attitude of the society towards gay marriage. In the early years, people were not exposed to issues of same-sex marriage, but the gay social movements focused on increasing the exposure of gay marriage, while advocating for their equal treatment (Keleher & Smith, 2018). These movements were able to reveal the injustices and unfair treatment that gays were exposed to, and how such unfair treatment tarnishes the image of the society (Keleher & Smith, 2018). The movements persuaded the society to embark on ways of addressing injustices meted out on gay people. Through highlighting these injustices, members of the society acknowledged the need for reforms to bring about impartiality and non-discrimination in marriage.

Political movements in support of gay marriage have as well contributed to changing the attitude of the society towards the practice. As a matter of fact, one of the strategies that gay social movements employed in their advocacy for gay rights were political maneuvering (Demock, Doherty & Killey, 2013). The lobby groups approached aspiring politicians, who would advocate for equal rights of gays to garner political mileage. With time, politicians would use the subject to attack their competitors who were opposed to the idea of same sex marriage (Demock, Doherty & Killey, 2013). This increased political support for gay marriage influenced members of the society into changing their attitude towards the same.

The ever increasing number of gays, particularly in the United States, has contributed to a change in the attitude of the world society towards gay marriage. As the number of gays increased in the U.S., it became hard for members of the society to continue opposing this form of marriage (Demock, Doherty & Killey, 2013). Many families had at least one or more of their family members who would turn out to be gay. The perception of gay people by such families would therefore change upon learning that their loved ones were also gay (Demock, Doherty & Killey, 2013). The media also played a significant role in gathering compassion from the members of the society by portraying the injustices that gay people experienced (Demock, Doherty & Killey, 2013). The society would as a result be compelled to sympathize with gays and lesbians and thus change their stance on same-sex marriage.

Further, the judiciary has also contributed to the change in the attitude of the society towards gay marriage. There were states in the U.S. that initially illegalized same sex marriages, prompting gay people to file discrimination lawsuits (Coontz, 2014). Reports indicate that in the year 2014, there were more than 42 court rulings that ruled in favor of same-sex couples (Coontz, 2014). Some critics of same-sex marriage termed these rulings as judicial activism. They argued that the judiciary was frustrating the will of the American society, which was opposed to same-sex marriage (Coontz, 2014). Following these rulings and the increased advocacy for equality and fair treatment of gay people, some states implemented policies is support of same-sex marriage (Coontz, 2014). Today, the entire United States treats the practice as legal, as was determined by the Supreme Court back in 2015.

The increased push for the freedom of marriage has also contributed to changing the attitude on gay marriage. In the early years, there were states, especially in the United States, that opposed interracial marriages, so that a white could not marry an African-American, for instance (Coontz, 2014). In the years before 1967, there were states that restricted people with tuberculosis or prisoners from getting married. Other states also discouraged employers from hiring married women. However, in 1987 the Supreme Court ruled that state governments had no right to deny people of their freedom of marriage (Coontz, 2014). When such laws were regarded as violations of human rights, gay people also termed the restriction of same-sex marriage as a violation of their liberty and freedom to marry.

Supporters of same sex marriage have also increasingly argued that people should be allowed to marry not necessarily based on their gender but on the love between them and their decision as two adults. According to such people, restricting marriage to a union between heterosexual couples only creates a biased view of human sexuality. For example, they point out that this extreme view fails to acknowledge that gay couples also derive fulfilment from their romantic relationships (Steorts, 2015). They additionally contend that an adult should be allowed the freewill to seek for this fulfillment by starting a relationship with a partner of whichever gender of their choosing. Whether they love a man or a woman should not be anybody’s concern. The argument also notes that gay couples who have come out clearly demonstrate that they are happy in their relationships.

Gay marriage has been the subject of social, political, and religious debates for many years but over the past two decades, the attitude of the society towards it has significantly changed. Social gay movements and increased numbers of gay people has compelled the community to accept and tolerate the practice. The judiciary has as well contributed to this change in attitude by pushing the freedom and right to marriage, thereby finally making the practice legal in the United States.

Coontz, S. (2014). “Why America changed its mind on gay marriageable”.  CNN . Retrieved June 23, 2020 from  http://edition.cnn.com/2014/10/13/opinion/coontz-same-sex-marriage/index.html

Decoo, E. (2014).  Changing attitudes toward homosexuality in the United States from 1977 to 2012 . Provo, UT: Brigham Young University.

Demock, M., Doherty, C., & Kiley, J. (2013). Growing support for gay marriage: changed minds and changing demographics.  Gen ,  10 , 1965-1980.

Keleher, A. G., & Smith, E. (2008). Explaining the growing support for gay and lesbian equality since 1990. In  Annual Meeting of the American Political Science Association, Boston, MA .

Steorts, J. L. (2015). “An equal chance at love: why we should recognize same-sex marriage”.  National Review . Retrieved June 23, 2020 from  https://www.nationalreview.com/2015/05/yes-same-sex-marriage-about-equality-courts-should-not-decide/

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Resolve that same sex marriage should be legalized in the Philippines Necessity : Negative Side

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Mayrll Louise Santos

The ever-changing trends in the world brought by the growing ideas and modernization indeed limited the faculty of conservatism. Various actions and styles that were behind the bars before were apparently free and accepted in the society. However, there are still cases where conservatism prevails causing conflicts between the traditionalists and progressive individuals. An exemplar to this is the issue of homosexuality. For the longest years, the issue of gay rights has been subjected to a number of heated debates. Such issue had not only touched the social, religious, and cultural aspects, for it also crossed the boundaries of politics. Currently, the LGBTQ, an initialism that stands for lesbian, gay, bisexual, transgender, and queer or questioning community, shares the plight for greater social acceptance and their struggle to practice their constitutional rights as humans too. Included in these rights is their right to marriage.Same-sex marriage sparked a long controversy leading to the dividing views of citizensand involved institutions, fervent debates within the social and cultural norms, and the question of being a political issue were prevalent. However, despite these various contentions against same-sex marriage, there were 21 recorded states where gay marriage is legal nationwide. These countries are Netherlands (2000), Belgium (2003), Canada (2005), Spain (2005), South Africa (2006), Norway (2009), Sweden (2009), Argentina (2010), Iceland (2010), Portugal (2010), Denmark (2012), Brazil (2013), England and Wales (2013), France (2013), New Zealand (2013), Uruguay (2013), Luxembourg (2014), Scotland (2014), Finland (signed 2015, effective 2017), Ireland (2015) (Time, 2015). Thus, the issue of same-sex marriage paved the way for debates and researches in several states. As such, this paper attempts to study the possibility of same-sex marriage in the case of one Asian country, particularly the Philippines. The rationale behind this preference originates from the 21 recorded countries where same-sex marriage is legal. And of these 21 countries, none of these is from Asia. The subject matter of this study aims to provide the contrasting views of the involved institutions, particularly the state actors, church, and agents of political socialization in the issue of same-sex marriage. The existence of these varying oppositions relates to the significance of the study. The significance of this study is to determine the influences of state, the church, and other possible agents of political socialization to the legalization of same-sex marriage in case of the Philippines.

legalization of same sex marriage in the philippines argumentative essay

Deborah Palacio

Masami Tamagawa

Despite its apparent gay friendliness, Japanese society has witnessed few public debates or social movements in support of same-sex marriage. It seems that Japanese scholars and activists are only just beginning to advocate the legal protection of homosexual couples. Although Japan has witnessed a few recent developments toward same-sex marriage, an anti-same sex marriage perspective seems to dominate, even among Japanese scholars and activists who are gay and lesbian themselves.In order to understand Japans slow progress toward same-sex marriage, this article examines the legality of same-sex marriage in Japan, Japans apparent lack of the political and historical progress of same-sex marriage in the West, and Japanese societal and cultural features including gay adoption, invisibility and heterosexism at work and in academia. This article also compares the current debates on the legal protection of same-sex couples in Japan and Japanese feminist criticism of the Japanese family, to explain the prevalence of the anti-same sex marriage position. Further, with the notion of familial homophobia by Shulman (2009), the traditional Japanese family is defined as the grounds for homophobia. Lastly, the possibility of legalizing same-sex marriage in Japan is discussed.

Aloy Ojilere

In Obergefell et al. v. Hodges, Director, Ohio Department of Health, et al (Obergefell), 2015, the US Supreme Court supposedly legalized same-sex marriage across America, thus, resting the " right to marry " advocacy in America post-United States v. Windsor. The Court premised its decision inter alia, on the quest for expansive protection of the rights to marriage and equality under the Fourteenth Amendment to the US Constitution. Nonetheless, Obergefell still generates mixed pro-love discussion in legal, academic, sematic, socio-cultural, religious, and political circles inside and outside America. This paper distinguishes " civil union " from " marriage " and argues that logically, socio-religiously, scientifically, grammatically or otherwise, " same-sex marriage " is a mere jargon because marriage is naturally and practically impossible between persons of the same biological sex. The paper concludes that Obergefell is a judicial endorsement of an impossibility, and a somersault of human dignity. It may seem afro-centric, but it certainly furthers scholarship on marriage and " the other side " of Obergefell.

Ijeoma Ucheibe

Same sex marriages are happening everywhere around the world and it has received a significant boost in numbers since the landmark ruling given in Obergefell v. Hodges which made it legal in the 50 states across the United States of America. It is a given that it has come to stay going with the way gay pride parades and marches have been held around the world especially in countries where it has been legalised like the United Kingdom, the Netherlands to mention a few. The list of issues that defy a conclusive reasoning is non exhaustive especially within the context of the same sex marriage debate and they include - the socio-cultural and psychological disconnect that children are exposed to when their parents are gay or transgender, the ever evolving definition of a family unit, the inadequacy of the laws available to take care but largely vague in interpretation, who raises the children in a same sex marriage setting among others. These issues amongst others portend a changing landscape for the future of family law and to a larger extent the human race. In practice, same sex marriage is argued from the viewpoint of being a human rights issue but this project work will try to sieve through the raging controversy which has greeted this debate from both moral, political and even from proponents of the traditional family institutions. It is trite to note that even where regulations exist to excuse or better still legalise this form of marriage, it is still not acceptable in major cultures and civilisation across the world and particularly in many African countries like Malawi, Zimbabwe, Kenya and Nigeria. The research will argue for and against same sex marriage but will touch on the salient fact that it is a movement that will come to be accepted over a period of time and get the needed attention it deserve but will ultimately attempt to address emerging trends in the same sex marriage debate. Keywords: same sex marriage, regulation, institution.

On June 26th 2015, the United States Supreme Court legalized same sex marriage. Similarly, the adoption of the United Nations Human Rights resolution for Lesbian, Gay, Bisexual and Transgender (LGBT) rights during its 27th session in September 2014 by a 25-14 vote margin after more than an hour of debate, condemns violence and discrimination on the basis of sexual orientation or gender identity across the globe. Some countries from the South such as Pakistan's representative to the U.N. Human Rights Council called it a " divisive and controversial initiative. " While Saudi Arabia's representative during debate said; " We feel there is an attempt to impose uniculturality that runs counter to religious and cultural practices of some countries; in my opinion, this (resolution) is a human rights violation. " As this resolution was passed, Russia's Constitutional Court upheld their country's anti-gay " propaganda " law 1. This paper is a desk review which explores contending theoretical debates on same sex marriage (SSM) discourse and suggests that SSM is not akin to sustainable human development. It advances a novel theoretical argument which classifies SSM as virtual and unsustainable union beyond human rights debate. It recognizes the emotions of LGBTs but argues for an alternative, namely; green sexuality-a union between a man and woman rooted in procreation and conjugal bliss. It demonstrates that SSM falls short of these criteria. The paper suggests that the union of man and man or woman and woman should have a distinct classification other than marriage in the conventional context. This theme is important in contemporary global sexuality debate both as analytical and policy instrument to reexamine Western rights notion and amenable ways to douse violent attacks ,stigmatization and discrimination on LGBTs, in particular, re –examine sexuality beyond Western " human rights " rhetoric or is the world experiencing a clash of sexuality?

Maria Ariebelle Santos

Douglas Sanders

Dr Ambika Kohli , Aloy Ojilere , Fareeha Ali , Surinder Kaur , Dr. Salma Javed

The best argument against same-sex marriage

FILIPINOS, SPORTING #LoveWins hashtags and slapping rainbows onto their Facebook profile pictures, have been swept up in the euphoria over the US Supreme Court decision declaring same-sex marriage a fundamental human right. Law professors are heartened to see Justice Anthony Kennedy’s poetic Obergefell decision shared in social media. However, we must also read the powerful dissents and ask why we might prefer that our unelected justices decide this sensitive issue instead of our elected legislators.

Inquirer 2bu quoted teenagers opining that anyone with the capacity to love deserves to have his/her chosen relationship validated. Obergefell’s logic is equally simple. Forget “substantive due process,” “decisional privacy” and “equal protection.” It takes the simple premise that human liberty necessarily goes beyond physical liberty, and includes an unwritten right to make fundamental life choices. Choosing a life partner is one such fundamental choice and the decision of two people to formalize their relationship must be accorded utmost dignity.

The typical arguments against this simple idea are so intellectually discredited that Obergefell no longer discussed them. (My Philippine Law Journal article “Marriage through another lens,” 81 PHIL. L.J. 789 [2006], tried applying them to bisexual and transgender Filipinos.)

One cannot solely invoke religious doctrine, even if thinly veiled as secular “morality.” Religious groups may confront this issue but not impose their choices on others. Their often vindictive tone contrasts sharply with Kennedy’s, and increasingly alienates millennials who revel in individuality. Those criticized as religious zealots should at least strive to be up-to-date, more sophisticated religious zealots.

The most common argument, procreation, is also the easiest to refute. Philippine Family Code author Judge Alicia Sempio-Diy wrote: “The [Code] Committee believes that marriage … may also be only for companionship, as when parties past the age of procreation still get married.”

Another argument reduces marriage to a series of economic benefits and suggests a “domestic partnership” system to govern same-sex couples’ property and other rights. This parallels having separate schools for white and black children and claiming they are equal because both have schools. It implies that some relationships so lack dignity that they must be called something else.

Protecting the “traditional” definition of marriage is too subjective. Obergefell reminds that traditional definitions evolve and once prohibited interracial and accepted arranged marriages, and “it is unrealistic to conclude that an opposite-sex couple would choose not to marry simply because same-sex couples may do so.”

Recent last-ditch arguments alleged harm to children. No party to Obergefell contested that same-sex couples may build nurturing families after adopting or tapping medical advances to produce babies with related DNA. Prohibiting same-sex marriage harms children by making such families unstable, as only one parent may legally adopt and have rights in relation to a child.

With all these discredited, the Obergefell dissents simply raised that marriage is so central a social institution that it is better redefined by democratic process than unelected judges. Proponents may consider opponents homophobic, bigoted, narrow-minded religious zealots, but none of these disqualifies one from being a citizen. Chief Justice John Roberts argued that proponents should have relied on how popular opinion was rapidly shifting in their favor than ending all debate by court order.

Justice Antonin Scalia decried how the US Constitution was turned into a “fortune cookie” in a “judicial Putsch” that declared a radical unwritten right. Roberts cautioned that the first cases to use similar doctrine upheld slavery and struck down labor regulations in the name of laissez faire economics. Although invoking human rights is not subject to an election, it is wise to consult society in defining these, and Obergefell stressed the lengthy public debates the United States experienced at every level.

One thus asks why an instant judicial solution is more appealing than backing Akbayan Rep. Barry Gutierrez’s proposed same-sex marriage bill. The Philippines has not had serious public debate given how we recently focused on reproductive health, and our high court has not even explicitly recognized “decisional privacy.” Further, the petition to legalize same-sex marriage recently filed at our high court is blatantly deficient.

The petition (like the anti-RH petitions) does not even identify a client. There is no actual Filipino same-sex couple, unlike the real Mr. Obergefell who sought to be named the spouse on his partner’s death certificate after their deathbed wedding. This violates the most basic rule that judicial power may only be used in an “actual case” and the high court should have instantly thrown out the no-case petition (like the anti-RH petitions). The petition also has glaring errors (like the anti-RH petitions). It invoked the Philippine privacy decision Ople vs Torres, which involved information in government databases and has nothing to do with the “decisional privacy” of US same-sex marriage debates. Even liberals should be hard-pressed to support this lest they be intellectually inconsistent and validate the anti-RH petitions’ worst features.

Any citizen lacking the patience to back Gutierrez’s bill has every right to short-circuit democracy by seeking an order from unelected judges. One hopes our high court insists that it be sought properly.

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Home / Essay Samples / Sociology / Same Sex Marriage / Marriage Equality: The Fight for Same-Sex Unions in the Philippines

Marriage Equality: The Fight for Same-Sex Unions in the Philippines

  • Category: Social Issues , Sociology
  • Topic: Gender Equality , Homosexuality , Same Sex Marriage

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