Same Sex Marriage Will Not Further Isolate Marriage From Its Pro-Creative Purpose

III.
SAME SEX MARRIAGE WILL

NOT FURTHER ISOLATE
MARRIAGE FROM ITS
PRO-CREATIVE PURPOSE
The history of marriage is one of both continuity and change. Changes, such
as the decline of arranged marriages and the abandonment of the law of
coverture, have worked deep transformations in the structure of marriage,
affecting aspects of marriage once viewed as essential. These new insights
have strengthened, not weakened, the institution. Changed
understandings of marriage are characteristic of a Nation where new
dimensions of freedom become apparent to new generations.1(emphasis
supplied)
1. The 1987 Philippine Constitution does not define marriage solely as

between man and woman.2 The Constitution as the fundamental law of the
land never proscribes nor prohibits the union of same sex couples, viz:
Art. XV, Section 2. Marriage, as an inviolable social institution, is the
foundation of the family and shall be protected by the State.
2. It is our humble submission that the definition of marriage as provided for
in Article 1 and 2 of the Family Code violate the constitutionally protected
right to due process and equal protection, right to decisional and marital
privacy, and right to found a family in accordance with religious convictions.
3. Homosexual men and women are ordinarily attracted to the same-sex in
the same way that heterosexual men and women are ordinarily attracted to
the opposite-sex. Gay individuals are human beings who can love another
person just like straight individuals, a citizen of the Philippines, thus shall not
be denied of their constitutional rights especially on right of decisional and
marital privacy.
4. The Family Code does not impose and require married individuals to
procreate or have the ability to procreate. Old men and women who are
sterile are allowed to marry and are not allowed to annul their marriage on
the ground of their old age and sterility. Clearly, heterosexual couples who
cannot bear children were not disenfranchised by the State of their rights
1 Obergefell vs. Hodges June 26, 2015
2 Section 2 Article XV
under our Marriage Law, a clear violation of the constitutional guaranteed

right on equal protection of laws as provided under Art. III Sec. 1 of the
Constitution.3
4. The validity of marriage under our laws does not depend on the ability of
the couples to procreate and produce children as incidents of marriage. The
marriage of couples who are found to be sterile and impotent remained to be
valid. To reiterate, as aforementioned, the Family Code does not require
married individuals to procreate or have the ability to procreate. There is no
legal requirement in any Philippine law for married couples to have children
before entering marriage or during its subsistence.
SAME SEX MARRIAGE

HAS NO RELATION WITH
TOTAL FERTILITY RATE DECLINE
5. There is no correlation between population and total fertility rate (TFR)
decline and same sex marriage especially to countries which allows samesex unions. In the study conducted by Costello4 and Casterline5, it explained
that with trends and estimates of total fertility rate provided by United
Nations, there will be a decline of TFR for the next fifteen years in the
Philippines, but shall still be above the replacement levels based on the
desired fertility rate at 2.1. The pertinent portion of their study is herein
attached as Annex A.
6. The current levels of Total fertility rate of the Philippines is in excess of
three births per woman to a national average of two births per woman.
Based on the study, if there will proper policy instruments and programs to
address the excess births per woman, the Philippines will definitely reached
the desired fertility rate of 2.1 on the year 2020 or 2025.
3 Art. III Sec1- No person shall be deprived of his life, liberty or property without due
process of law nor shall any person be denied of equal protection of laws.
4 Program Associate, International programs Division, Population Council, Manila Philippines
5 Senior Associate, Policy Research Division, Population Council, New York, USA
6. Further, their study pointed out that such trends and estimates for
determining total fertility rate (TFR) in the Philippines is caused by economic,
culture, values and ideas, international factors and policy instruments as well
as changes of marriage patters.
7. Accordingly, the study pointed out that changes of nuptiality and marriage
patterns may help in decrease of the fertility rate to reach the desired TFR or
further decrease in the next coming years, viz:
Changes in nuptiality in the Philippines during the next few decades could
place downward
pressure on fertility; indeed, if such changes were large enough, conceivably
they could result in achieved fertility falling short of desired fertility, as has
been observed in many low-fertility societies. We consider three aspects of
nuptiality that reduce exposure to childbearing: permanent nonmarriage, delayed age at entry to first marriage, and marital
dissolution and temporary separation.6
8. Its worthy to note that based on the study, same-sex marriage was not
considered as a possible factor that will cause of the decline of the total fertility rate
of the Philippines. Granting arguendo, that permanent non-marriage will cause the
fall of the TFR from its desired rate, the State cannot force or compel its citizens to
produce offspring or bear children.
9. In the status quo, while the State allows heterosexual marriage and does not
allow same sex marriage, the total fertility rate among men and women will not be
affected. Homosexuals will never engaged into heterosexual marriage and have
childrem
3. Homosexuals ordinarily are not impotent. While same-sex couples cannot

biologically procreate together, they are ordinarily not sterile. Even if
assuming homosexuals can be classified as a group as sterile, they are not
prohibited by
Philippine law on domestic adoption15 and inter-country adoption16 from
individually adopting children.
4. Heterosexuals are no better parenl11 than homosexuals. Stated
otherwise, homosexuals aren't necessarily worse parents than,
heterosexuals. Homosexuals can raise children well in the same manner that
heterosexuals can. While there is no assurance that gays will not be bad or
incompetent parents, there is also no assurance that heterosexuals will not
be bad or incompetent parents. This Honorable Court itself has stated that:
"Sexual preference or moral laxity alone does not prove parental neglect or
incompetence. 11
6 Research on Fertility Decline in the Philippines Current Status and Future Prospects by Costello and
Casterline, 2009
5. Homosexual men and women are ordinarily attracted to the same-sex in

the same way that heterosexual men and women are ordinarily attracted to
the opposite-sex. Gay individuals are human beings who can love another
person just like straight individuals.
6. Heterosexuals who enter marriage after committing to or to commit to a
long-term monogamous relationship are no different from homosexuals, who
can enter into long-term monogamous relationships as well. Both straight
and gay couples have the same chances of breaking up or falling out of love.

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III.

SAME SEX MARRIAGE WILL

1. The 1987 Philippine Constitution does not define marriage solely as

under our Marriage Law, a clear violation of the constitutional guaranteed

SAME SEX MARRIAGE

3. Homosexuals ordinarily are not impotent. While same-sex couples cannot

5. Homosexual men and women are ordinarily attracted to the same-sex in

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