Divided Unity: Nations’ Stand on Same Sex Marriage

In the cartoon series “Adventure Time”, Marceline (a 1,000 year old vampire queen) and Princess Bubblegum fell in love with each other and then faced near-death trials before they were finally living in peace. Similarly, homosexual couples around the world are also getting oppressed, and sometimes punished, because of their ‘unconventional’ relationship.

Since it was first performed on the first century, same sex marriage was already a controversy among ancient civilizations. It is a union that questions the law-fortified definition of marriage and family. This issue takes the limelight especially in this time, where the number of individuals who identified themselves as LGBT annually rises.

According to the United Nations Commission on Human Rights, only 29 sovereign nations perform same sex marriage from the 195 of this time. Although it only comprises of a small fraction, it is a remarkable start on recognizing one of the fundamental rights of any human being for the LGBT community: the right to love and make a family.

The rights of the LGBTQ+ community are recognized and respected in the Philippines, however, same sex couples are still ununited by law in the mainly Christian nation as the Supreme Court denied the legalization of same sex marriage with finality.

This decision was based on a resolution released by SC last December 10, 2019, junking the petition of Atty. Jesus Falcis to declare Articles I and II of the Family Code unconstitutional. The code limits marriage to only ‘a man and a woman’.

“No further pleadings or motions will be entertained,” said the resolution. “Let entry of judgement be made immediately.”

Although the plain text of the Constitution does not implicitly nor explicitly state marriage based on sex, gender, sexual orientation or gender identity, the petition was unable to raise a justifiable issue, lacks proper legal stand, and violates the doctrine of the hierarchy of courts, according to the high court.

This final decision ends the hopes of many Filipino LGBT couples to legally unite in their homeland. Nevertheless, they are still treated equally through the non-restricted gender fill-up in applications, LGBT-sensitive advertisements and comfort rooms, and freedom to express gender identity (e.g. pride walks).

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In contrast, the Constitutional Court legalized same sex marriage on the 24th of May, 2019, to register by law and formally recognize LGBT couples in the country. This makes Taiwan the first country in Asia to perform the highly debated union.

The original Marriage Law, which said marriage is solely between a man and woman, was declared unconstitutional by Taiwan’s highest court. The ruling also mentioned that the constitutional right to equality and freedom of marriage guarantees same-sex couples the right to marry under the Constitution of the Republic of China. 

The ruling was commenced one week before two-year deadline of deciding whether or not LGBT marriage will be recognized in Taiwan.

In light of the LGBT-favored decision, a total of 157 gay and lesbian couples were united at household registration offices on the same day same sex marriage is legalized.

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The world remains divided on the stand for LGBT rights, especially on the issue of same sex marriage. Whether an individual is a member of the LGBT community, an ally, a neutral or even an anti-LGBT, the respect for these unorthodox couples should remain as they are also humans deserving human rights. As Princess Bubblegum’s message for Marceline (in Adventure Time) goes,