THE IMPLEMETATION OF SAME SEX MARRIAGE IS WITHIN THE COVERAGE OF OUR CONSTITUTION
Marriage (also called matrimony or wedlock) is a socially or ritually recognized union or legal contract between spouses that establishes rights and obligations between them, between them and their children, and between them and their in-laws. The definition of marriage varies according to different cultures, but it is principally an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged.
The ten (10) commandments of the Roman Catholic church is summed up into two (2) general commandments first, “ You shall love the Lord your God with your whole heart, with your whole soul, and with all your mind ” and the second is “You shall love your neighbor as you love yourself ”. These commandments speak of love and therefore love is the center of the catholic faith.
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And the primary essence of marriage is about two persons tying themselves to act as one and united by love. Love itself is a universal language and individuals might have different native tongues but shares a common feeling of love. Same is true with same sex marriage it is founded
also with love between two same sex couple opting themselves to be legally tied. Controversy arises that same sex marriage is beyond generally accepted principles of morality but is it always what is not moral also not legal?
“ 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 1 Article III of the 1987 Philippine Constitution so provides the equal protection clause, it is a specific constitutional guarantee of the equality of all persons. The equality the constitution refers to is the legal equality or in the eyes of the law no one is above and everyone must be treated fairly and equally. Under this constitutional guarantee each and every individual is dealt with as an equal person in the law which does not treat any person differently because of who he is or what he is or what he possesses. The goodness of justice is portrayed with blindfold regardless of sexual orientation every individual should be treated equally and be afforded with the same protection under the law. To be legally tied and to be called legal husband and wife under the celebration of marriage should be enjoyed by all individuals it should not be limited into a certain class. Same sex marriage should be allowed because it is also an expression of love and love is unconditional that no one has a free choice to which person he will fall in love. Being different in terms of sexual orientation per se is not a wrong it is just a truthful expression of a feeling and what makes it wrong is the standard set by the society. But our law should not put any distinction and same sex marriage should be allowed because it is within the coverage of the equal protection clause mandated by our own constitution.
“The separation of the church and the state shall be inviolable”.
In Section 6, Article II of the same constitution it clearly provides that the state should be a separate and distinct entity as to the church. It puts an emphasis that the two entities should work independently the legal matters such as the running of the government and creating laws belong solely to the state and the church has nothing to do with it as it is only concern with religion. Legal matters strictly speaking is lodge only to the state and the law making powers is only within the hands of the congress and laws can be created without consent nor concurrence coming from the church. And so, why a law concerning about same sex marriage is something that is not talk about and even somehow condemn to be the topic for the possibility of becoming a law? Questions of morality now comes afloat of which heavily anchored by the strong opposition from the church. Politicians specifically in the law making body are afraid to sponsor a bill pushing the enactment of a same sex marriage law due to fear of losing their position in the government. These politicians who are political power gluttons will just firmly cling to their government positions instead of rightfully paving a way to the true essence of their public office of which to publicly serve by way of enacting law(s). To enact or even to attempt an enactment of a same sex marriage law will earn heavy protest from the church of which these traditional politicians will not dare to do nor to mess with the church because of fear that the church will withdraw their support or even much worst to condemn this traditional politicians resulting to a sure loss of their government position in the incoming elections. The non-interference clause under this situation is disregarded and the state cannot function without the approval from the church. This could be prevented if the law making body will be true to its purpose to serve the people and not the church alone.
The question of morality is another subject or area to talk about it is not part of the legal matters of which the law making body should put primary concern with. Although it is a fact to admit that laws should be founded on moral justice but what is moral is subjective and morality is not always within the ambit of legality. Morality is set by the generally accepted norms of society and same sex marriage might be immoral but in no aspect it is illegal. Marriage in its very true essence is about love of two persons that should not be curtailed. Same sex marriage is not an exception it is love also that bonds the couple together same as other ordinary couple. So if it is morality that is the spearhead to condemn the enactment of same sex marriage law and so then preventing to be legally bonded the two lovers is also within the so called morality? To love is always never a sin and same sex couple who love each other should be afforded also with the same opportunity to be legally tied.
The constitution expressly provides equal protection of all persons and there is the separation of the state and the church that a law granting same sex marriage can be implemented legally without interference from the church. The state does not require the church(s) to mandatorily accept and facilitate same sex marriage it is up to their free and sound discretion whether to allow it or not what the law supposedly do is to allow other means of legally accepted principles and avenues of marriage available and be afforded to same sex lovers opting themselves to be legally tied and to call themselves legal husband and wife. The primary objective of our laws under our constitution is equal protection and not to distinguish regardless of difference in sexual orientation and a law should be implemented in fair and equal manner. The issue of same sex marriage is about legality and not about solely on morality.