Presentation

● Same-sex civil union is an official, marriage-like connection between two people of the same sex.
● Same-sex civil union grants same-sex couples the same benefits as that of heterosexual couples.
● Basically same-sex civil unions have the same process as the heterosexual civil union - instead of
being married and recognized by church, it is the state which recognizes same-sex couples.
● Same-sex relationships existed as long as the times of Ancient Greek and Rome, Ancient
Mesopotamia, in regions of China, such as Fujian Province and at certain times in European
history. It was existent during those times not entirely because of love, but because they’re bound
to engage in it because of their beliefs and traditions.
● Although it was existent during aforementioned times, it doesn’t necessarily mean that it’s legally
recognized by the state. It was simply a practice of beliefs and tradition and not a legal matter.
● The teachings of Christians, with the Bible as its main basis, prohibits engaging in same-sex
relationships; it was even declared illegal at some point in history due to the fact that marriage is
seen by the Catholics as sacred and for the purpose of procreating - which requires a man and a
woman.
● Some countries have adopted same-sex civil unions and even same-sex marriage. However, a lot
of countries are frowning upon the idea of legally recognizing it. \
● In the Philippines, there are several petitions for legalizing same-sex civil union.
○ Senate Bill 449 “An act institutionalizing civil unions of same-sex couples,
establishing their rights and obligations, and for other purposes” by Senator
Robinhood Padilla - it provides equal protection which is guaranteed by the Philippine
Constitution.
○ A similar measure was also taken by Rep. Bernadette Herrera-Dy - failed to pass the
17th and 18th Congress.
○ A civil partnership bill by Rep. Pantaleon Alvarez - filed in the 17th Congress but it
did not pass the committee level.
■ Alvarez and Herrera then refiled the bill in 18th Congress but it failed to pass the
committee level.
● Countries where same-sex marriage or same-sex civil union
○ Taiwan - first Asian country to legalize same-sex marriage on May 24, 2019
○ Japan - over 200 smaller local authorities that started its movement to recognize same-sex
civil partnerships
○ Israel - although same-sex marriage is not legal in the country, same-sex couples are
allowed to get married outside the country.
 ● A survey about legalization of same-sex union was done by the House of Representatives
○ More than half of adult Filipinos agreed that same-sex couples should be allowed to enter
legal unions.
○ Church leaders criticized the survey on grounds that same-sex unions go against the
teachings of the Catholic church.
○ Church leaders also called on the government to uphold the natural order of marriage,
which is between a man and a woman.
○ LGBTQIA+ community welcomed the survey and sees this as a step-forward towards
recognizing the rights of same-sex couples.
● Main Ethical Question: “Is the legalization of same-sex civil unions attainable in the
Philippines through its accustomed principles?”

Arguments of Conflicting Side

● Widespread Stigma
○ The LGBTQIA+ community is only tolerated and not entirely accepted. They still
face discrimination and for a lot of Filipino people, homosexuality is a sin and
given this perspective and treatment towards the community, the legalization of
same-sex civil union would be difficult to achieve.
○ How can people accept same-sex civil union when they can’t simply understand
and consider homosexuality as “normal”?
● Widespread Stigma
○ The purpose of marriage is to ultimately procreate which the same-sex couples
can’t do (at least not without the participation of a man).
○ Legalizing same-sex marriage would defeat the purpose of marriage and this goes
against the teachings of the church.
● Family Code of the Philippines
○ The Family Code of the Philippines clearly states that a marriage or a union is
only between a man and a woman.
○ Legalizing same-sex marriage would violate the definition of marriage or union
set by the law.
Ethical Theories in Support of the Conflicting Side
● Natural Law Theory
○ This theory believes that humans are governed by inherent or basic principles
rather than established laws.
○ Theorists believe that naturally, human beings have the ultimate goal of
procreating through sex. Therefore having sex for no reason or for not procreating
is unnatural and hence immoral.
○ For Aquinas, nature determines what’s good for an organism. For this matter,
procreation is what keeps humankind existent. Not procreating will eventually
lessen the population and since it’s going against the nature of our species to
procreate, it is therefore unnatural and immoral.
● Deontology
○ This theory suggests that upholding one’s duties and obligations is what is
considered ethically correct.
○ Filipino culture set a woman and a man’s duties and obligations which are:
■ Woman
● Needs to submit to her husband
● Get married
● Give birth
● Take care of family
● Must be a companion to her husband
● Help husbands have peace of mind in order for them to focus on
their work.
■ Man
● Must have a job
● Bear a child
● Provide for their family’s needs
● Earn money to cover living expenses
● Responsible for ensuring his family lives comfortably
 ○ Legalizing same-sex civil union will challenge these traditional duties and
obligations as both parents are of the same sex. Therefore, same-sex couples will
be unable to fulfill their duties and obligations to their family and society.

Arguments of the Position Side

● Ending Discrimination
○ Not legalizing same-sex civil union is considered as discrimination as it excludes
the community from equal protection of the law on the basis of their SOGIESC.
○ Legalizing same-sex civil union will be a statement to end discrimination towards
the LGBTQIA+ community.
● Cultural Belief
○ Regulation of marriage is not entirely religious in nature as most of its aspects
involve the state and the law, which is also why there is civil marriage.
○ Civil marriage laws can be altered to eliminate sexual orientation discrimination
without intruding on faiths’ obligations to maintain their own laws and practices.
○ Legalizing same-sex civil union only involves the states and the laws and it does
not equate to a new definition of marriage and therefore will not intrude on their
religious beliefs and practices.
● Human Rights
○ All States are obligated under International Human Rights law to promote and
protect all human rights of all persons without discrimination.
○ All persons means all people regardless of their SOGIESC.
○ Refusal to legalize same-sex civil union, which provides protection of equal
rights, would equate to discrimination as the basis for not legalizing it is based on
SOGIESC. It would also imply that the LGBTQIA+ community’s human rights
are based on their sex and not by their SOGIESC.
● Grants rights and protection as stipulated in the Constitution
○ The Philippine Constitution guarantees all persons’ equal protection of the laws
which means that all people must be treated equally regardless of your color,
where you're from, your beliefs, your sex, your gender identity, and so on.
 ○ Same-sex civil union is a way to provide to same-sex couples the same benefits
and rights enjoyed by heterosexual couples.
○ Legalizing same-sex civil union will allow homosexual couples to live as normal
as a married heterosexual couple. They will have equal rights such as:
■ Right to adopt
■ Right to inherit wealth and property
■ Ability to receive insurance and retirement benefits
■ Ability to make decisions for their spouse
■ Protection from discriminatory behaviors

Ethical Theories in Support of the Position

● Utilitarianism
○ This theory believes that acts are good in proportion to how they help to promote
happiness and bad in proportion to how they tend to generate the opposite of
happiness.
○ In this theory, homosexual marriage is allowed since the basis for marriage are
love and satisfaction, excluding sex.
○ In applying utilitarianism in this matter, same-sex civil union grants equal rights
and benefits which makes same-sex couples happy, and is therefore ethically
good. It will only be unacceptable if it causes more damage than good in the
society.
● Consequentialism Theory
○ Consequentialism theory suggests that actions are determined to be right or wrong
based on its consequence.
○ This theory also asserts that there are two basis for determining the consequence
of an act right or wrong:
■ If the outcome determines whether an action is morally justified or wrong
■ The greater the happiness and pleasure that an action generates, the more
ethical that action is.
○ In applying Consequentialism Theory, the determination of whether legalization
of same-sex civil union is good or bad relies on these questions:
 ■ Is it morally correct?
■ Will it promote human rights?
■ Will it change traditional norms?
■ Will it stop the widespread stigma, exclusion, and discrimination,
including in education, employment, and health care?
● Rights
○ This theory suggests that rights should be protected and be given the highest
priority in society.
○ Humans have inherent rights which were given from the moment we were born
until the day we die. These rights, which are the right to life, the right to pursue
happiness, the right to express ideas and opinions, and the right to be treated as
equal to others should be protected until the day we die.
○ Legalizing same-sex civil union grants these inherent rights, the same rights the
heterosexual couples don’t have to fight for, to same-sex couples.
● Virtue Ethics
○ The oldest ethical theory in the world which was developed by Aristotle.
○ It looks at a person’s moral character instead of the unethical actions involving
obligations and laws in society.
○ Virtue ethics provides a moral approach to relationships in order to achieve a
healthy one.
○ In the application of this theory, relationships in general are determined, through
specific virtues, whether it’s healthy or not. This includes being trustworthy,
respectful, and committed to their partner. These virtues are embodied by choice,
not by one’s sex. Therefore, in this theory, sex should not be looked at, but rather
the virtues that couples have in achieving a healthy relationship.
● Social Contract Theory
○ This theory believes that civil authority originates from the will of the people. The
people gave up some of their rights to the government in exchange for social
stability and protection of their rights.
○ Because it was the people who granted the government its power, through
election, the government has an obligation to uphold the rights of all the people
 including the same-sex couples, for the reason that same-sex couples also took
part in voting for elected officials.

Recommendation
● To answer the main ethical question “Is the legalization of same-sex civil unions
attainable in the Philippines through its accustomed principles?” it’s simply not
possible in the present time because the Philippines is still a Catholic dominated
country and church leaders have great influence in politics.
● We have already advanced so much in this discourse and have reached this far,
given that same-sex partnerships and the LGBTQIA+ community are still just
tolerated and not yet accepted, it would be hard to legalize same-sex civil union
particularly that civil union is still associated with marriage as it traditionally was
considered almost the same by society and people are not yet ready to change
accustomed norms.
● We believe that as we head towards a progressive future, we will reach a common
ground on this matter where every actor in this discourse will finally win.

Discussions revolving around same-sex relationships, marriage, and civil unions, which was
once taboo, have evolved all throughout the years and we’ve already reached this point where the
LGBTQIA+ community is gradually being accepted by the society.