PRACTICABILITY OF LEGALIZING SAME-SEX MARRIAGE IN THE PHILIPPINES

Honorable judges, ladies and gentlemen, good morning.

Titled "The Global Divide on Homosexuality," the survey conducted by the Pew Research Center
showed that 73% of adult Filipinos agreed with the statement that "homosexuality should be accepted by
society," up by nine percentage points from 64 percent in 2002.

In their research, it also shows that the despite of having a religiosity scale of 2.4 where 3 being
the highest, it is astounding to have seen that 73% of them agrees that homosexuality should be accepted.

Let’s take China for example. Taiwan is the first Asian country to legalize same-sex marriage.
Taiwan’s highest court, the council of grand justices, said barring gay couples from marrying violated “the
people’s right to equality”. “Sexual orientation is an immutable characteristic that is resistant to change,”
the court said in its ruling.

Here in the Philippines, the lack of a divorce law, the high cost of getting married and the growing
acceptance of live-in arrangements and same-sex unions were some of the factors cited behind the 30-
percent dive in the country’s marriage rates in the last 12 years.

The number of registered marriages—solemnized in religious, civil and tribal ceremonies—in 2015
was in fact the lowest in the past 25 years, Philippine Statistics Authority (PSA) data indicated.

Both religious and civil unions suffered declines. Between 2010 and 2015, for instance, marriages
in Catholic ceremonies fell 11 percent and those officiated by judges or mayors declined 16 percent.

So what’s driving people away from this institution that, in this Catholic-majority country, remains
a sacred sacrament and revered institution?

The high cost of getting married, the growing acceptability of alternate living arrangements like
cohabitation and same-sex marriages, rapid urbanization and changing mores, as well as the lack of a
divorce law that makes getting out of a legal union difficult, have been cited by several sources as among
the deterrents that discourage couples from tying the knot.

After the US Supreme Court legalized same-sex marriage in all 50 states, majority of Filipinos do
not care whether or not the same measure should be legislated in the Philippines. An online poll
conducted by INQUIRER.net showed that 41.2 percent of respondents, equivalent to 9,100 out of 22,085
votes, answered “I don’t care” on whether the Philippines should follow suit.

This was slightly higher than the 39.2 percent or 8,658 respondents who said that the country
should also legalize same-sex unions. Meanwhile, 19.59 percent 4,l327 of total votes answered “no.”

In truth, Catholicism is not a dead-end for marriage equality and other LGBT-inclusive civil laws.
Spain, which introduced Catholicism to the Philippines when it colonized the country during the 15th
century, is the third country to legalize same-sex marriage.
The 1987 Constitution of the Philippines declares: The separation of Church and State shall be
inviolable. (Article II, Section 6), and, No law shall be made respecting an establishment of religion, or
prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and
worship, without discrimination or preference, shall forever be allowed. No religious test shall be
required for the exercise of civil or political rights. (Article III, Section 5)