PHILIPPINE SUPREME COURT REJECTS GAY MARRIAGE: Ruling allows legislature to re-define marriage
by Bradley Eli, M.Div., Ma.Th. • ChurchMilitant.com • January 7, 2020
MANILA, Philippines (ChurchMilitant.com) – The Philippines’ High Court has killed a petition to legalize so-called same-sex “marriage.”
The Supreme Court in Manila notified media on Monday that it would uphold its unanimous decision issued in September honoring only marriage between opposite sexes.
“[T]he Court resolved to deny with finality the said motion for reconsideration as no substantial arguments were presented to warrant the reversal of the questioned decision,” read the High Court’s notice.
This decision, however, leaves it up to the Filipino legislature to pass a law that would recognize such unions. An earlier pronouncement by the Supreme Court said the country’s constitution doesn’t explicitly ban gay “marriages.”
This was reaffirmed by Supreme Court spokesman Brian Keith Hosaka.
“From its plain text, the Constitution does not define or restrict marriage on the basis of sex, gender, sexual orientation, or gender identity or expression,” Hosaka clarified at a press briefing on Monday.
Worrisome Loophole
This loophole is worrisome to Filipino clerics like Fr. Melvin Castro, former head of the Episcopal Commission on Family and Life. Castro said joy over the recent victory is “incomplete.” Because the constitution doesn’t ban same-sex “marriage,” he noted, the court has simply passed the matter to lawmakers, who will have the final say.
The court ruling, warned Fr. Castro, “challenges us to be vigilant and ever on guard.”
Eduardo Villanueva, a member of the House of Representatives, lauded the court’s decision, saying the country’s Family Code was crafted “to mirror the historical, traditional and religious values of Filipinos on marriage.”
From its plain text, the Constitution does not define or restrict marriage on the basis of sex.
The Family Code explicitly prohibits any attempt to validly contract a same-sex “marriage”:
- Article 1 defines marriage as “a special contract of permanent union between a man and a woman.”
- Article 2 codifies a requisite of a valid marriage to include the “legal capacity of the contracting parties who must be a male and a female.”
- Article 46 deems it fraud to conceal the aspect of homosexuality at the time of the marriage. It adds that such fraud may be used as a basis for annulling a marriage.
- Article 55 states that homosexuality is one of the grounds for a legal separation of spouses.
Supreme Court of the Philippines
These articles of the Family Code were contested in a petition filed in September by Jesus Falcis, an openly gay lawyer. In 2018, he sued the Civil Register General, the official in charge of issuing marriage licenses. As Falcis was not actively seeking marriage at the time, the High Court in September unanimously dismissed his petition. It was this same petition that the High Court rejected on Monday “with finality.”
Local bishops did offer tepid praise for the court ruling.
Manila’s Aux. Bp. Broderick Pabillo lauded the decision, recalling that the country already had many other problems affecting the poor and the needy. He suggested the government should focus instead on issues such as poverty, work, migration and so-called “climate change.”
Bishop Honesto Ongtioco of Cubao also praised the ruling. He assured Catholics that the Catholic Church would always uphold Christ’s teachings regarding authentic marriage, regardless of what laws are issued by the state.
Read the source: https://www.churchmilitant.com/news/article/philippine-supreme-court-rejects-gay-marriage
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Reflections on the Indissolubility of Marriage and the Trinity http://www.pagadiandiocese.org/2016/02/12/reflections-on-the-indissolubility-of-marriage-and-the-trinity/
Why Is Marriage Indissoluble? “The first natural tie of human society is man and wife.” St. Augustine http://www.pagadiandiocese.org/2016/04/14/why-is-marriage-indissoluble-the-first-natural-tie-of-human-society-is-man-and-wife-st-augustine/
Sins Against the sacrament of marriage 44 Sins against the sacrament of marriage
Live-in: Research facts and analysis on cohabitation Live-in: Research facts and analysis on cohabitation
Bishop Olmsted Calls Men Into the Breach http://www.pagadiandiocese.org/2016/02/05/bishop-olmsted-calls-men-into-the-breach/
Pope Francis: When families teach forgiveness, they strengthen society Pope Francis: When families teach forgiveness, they strengthen society
THIS EUROPEAN NATION JUST FOUGHT THE GAY AGENDA AND WON – Pope Francis lent a hand http://www.pagadiandiocese.org/2015/12/23/this-european-nation-just-fought-the-gay-agenda-and-won-pope-francis-lent-a-hand/
Never Date a Feminist: 12 Warning Signs for Young Men http://www.pagadiandiocese.org/2016/04/07/never-date-a-feminist-12-warning-signs-for-young-men/
Keeping sex for marriage helps marriages last the distance http://www.pagadiandiocese.org/2016/06/15/keeping-sex-for-marriage-helps-marriages-last-the-distance/
Pope Francis: Most Catholic marriages are null, some ‘cohabitations’ are ‘real marriage’ http://www.pagadiandiocese.org/2016/06/19/pope-francis-most-catholic-marriages-are-null-some-cohabitations-are-real-marriage/
Why Christ Will Never Let His Bride Redefine Marriage? http://www.pagadiandiocese.org/2016/08/19/why-christ-will-never-let-his-bride-redefine-marriage/
Gay ‘marriage’: It’s not gay, and it’s not marriage – G.K. Chesterton http://www.pagadiandiocese.org/2016/09/14/gay-marriage-its-not-gay-and-its-not-marriage-g-k-chesterton/
Church’s Teaching on Marriage Comes From Author of Creation, Say Bishops http://www.pagadiandiocese.org/2016/09/16/churchs-teaching-on-marriage-comes-from-author-of-creation-say-bishops/
The family in the era of soulmate marriage http://www.pagadiandiocese.org/2016/09/29/the-family-in-the-era-of-soulmate-marriage/
Why millenials don’t want kids… Are their reasons good enough? http://www.pagadiandiocese.org/2016/09/29/why-millenials-dont-want-kids-are-their-reasons-good-enough/
Real insights about porn and marriage http://www.pagadiandiocese.org/2016/10/28/real-insights-about-porn-and-marriage/
10 Issues You Should Discuss Before You Get Married (otherwise your marriage could be invalid!) http://www.pagadiandiocese.org/2016/11/12/10-issues-you-should-discuss-before-you-get-married-otherwise-your-marriage-could-be-invalid/
Engaged Couple’s Spiritual Checklist http://www.pagadiandiocese.org/2016/11/13/engaged-couples-spiritual-checklist/
Should You Get Married in the Church? 7 Couples Share Their Experience http://www.pagadiandiocese.org/2016/11/13/should-you-get-married-in-the-church-7-couples-share-their-experience/
Must Catholics Marry in a Church? Must Catholics Have Their Wedding in a Church? http://www.pagadiandiocese.org/2016/11/13/must-catholics-marry-in-a-church-must-catholics-have-their-wedding-in-a-church/
Last Video Released in Series on Marriage http://www.pagadiandiocese.org/2016/12/21/last-video-released-in-series-on-marriage/
For Catholics A Woman’s Place is in the Home http://www.pagadiandiocese.org/2017/01/20/for-catholics-a-womans-place-is-in-the-home/
Real Women- The Catholic View Marriage and Family http://www.pagadiandiocese.org/2017/01/20/real-women-the-catholic-view-marriage-and-family/
Real Women- Feminine Virtue and the Moral Life http://www.pagadiandiocese.org/2017/01/20/real-women-feminine-virtue-and-the-moral-life/
The Human Person Is a Bioethical Word http://www.pagadiandiocese.org/2017/01/20/the-human-person-is-a-bioethical-word/
Millennials stall the gender revolution in the home http://www.pagadiandiocese.org/2017/04/08/millennials-stall-the-gender-revolution-in-the-home/
‘Don’t Judge’ — How to Respond When Your Relativistic Friend Quotes Jesus http://www.pagadiandiocese.org/2017/04/22/dont-judge-how-to-respond-when-your-relativistic-friend-quotes-jesus/
Don’t divorce: Powerful arguments for saving and revitalizing your marriage http://www.pagadiandiocese.org/2017/04/22/dont-divorce-powerful-arguments-for-saving-and-revitalizing-your-marriage/
Procreation: Still the Primary End of Marriage http://www.pagadiandiocese.org/2017/04/25/procreation-still-the-primary-end-of-marriage/
Archbishop Charles Chaput: ‘The future belongs to people with children, not with things’ http://www.pagadiandiocese.org/2017/08/02/archbishop-charles-chaput-the-future-belongs-to-people-with-children-not-with-things/
The Church teaches contracepted sex leads to hell. So, why is a priest promoting it in Rome? http://www.pagadiandiocese.org/2018/01/12/the-church-teaches-contracepted-sex-leads-to-hell-so-why-is-a-priest-promoting-it-in-rome/
Birth Control and NFP: What’s the Difference? http://www.pagadiandiocese.org/2017/07/14/birth-control-and-nfp-whats-the-difference/
Divorce, Remarriage, and “Discerning the Body” http://www.pagadiandiocese.org/2017/05/17/divorce-remarriage-and-discerning-the-body/
Annulments of Marriage: A Concession to Human Weakness http://www.pagadiandiocese.org/2017/07/05/annulments-of-marriage-a-concession-to-human-weakness/
PSYCHOLOGIST VICKI THORN: FREE HAS CREATED CHAOS http://www.pagadiandiocese.org/2017/07/27/psychologist-vicki-thorn-free–has-created-chaos/
Bishop Thomas Paprocki under fire for denying funerals for people in same-sex ‘marriages’ refuses to back down http://www.pagadiandiocese.org/2017/07/30/bishop-thomas-paprocki-under-fire-for-denying-funerals-for-people-in-same-sex-marriages-refuses-to-back-down/
But What About Abusive Marriages? http://www.pagadiandiocese.org/2017/08/04/but-what-about-abusive-marriages/
Sex, Sanity, and Beliefs that ‘Live Loudly’ Within Us – Archbishop Charles Chaput http://www.pagadiandiocese.org/2017/09/13/sex-sanity-and-beliefs-that-live-loudly-within-us-archbishop-charles-chaput/
What Makes a Marriage Valid? http://www.pagadiandiocese.org/2017/08/09/what-makes-a-marriage-valid/
What’s changed in Britain since same-sex marriage? http://www.pagadiandiocese.org/2017/09/13/whats-changed-in-britain-since-same-sex-marriage/
Subversion, liberty, and ‘marriage equality’ http://www.pagadiandiocese.org/2017/09/14/subversion-liberty-and-marriage-equality/
AUSTRALIAN BISHOP VINCENT LONG WON’T FIGHT GAY MARRIAGE VOTE http://www.pagadiandiocese.org/2017/09/14/australian-bishop-vincent-long-wont-fight-gay-marriage-vote/
Alternative truths: A wife’s view of a gay coming out http://www.pagadiandiocese.org/2017/09/15/alternative-truths-a-wifes-view-of-a-gay-coming-out/
Is There Marriage In Heaven? http://www.pagadiandiocese.org/2017/11/02/is-there-marriage-in-heaven/
Be a Man – Get Married http://www.pagadiandiocese.org/2017/11/15/be-a-man-get-married/
There is No More Important Job Than Being a Good Mother http://www.pagadiandiocese.org/2017/11/19/there-is-no-more-important-job-than-being-a-good-mother/
Our Current Youth Culture and its Upcoming Impact on Successful Marriages http://www.pagadiandiocese.org/2017/11/27/our-current-youth-culture-and-its-upcoming-impact-on-successful-marriages/
The Church Needs Honesty About Sexuality http://www.pagadiandiocese.org/2018/01/21/the-church-needs-honesty-about-sexuality/
Being Open to Life—Abstract Norm, or Embodied Word? http://www.pagadiandiocese.org/2018/01/23/being-open-to-life-abstract-norm-or-embodied-word/
Portland Archbishop Alexander Sample celebrates marriage Mass after call for new family initiatives http://www.pagadiandiocese.org/2018/02/05/portland-archbishop-alexander-sample-celebrates-marriage-mass-after-call-for-new-family-initiatives/
Children of Divorce Aren’t “Resilient”; They Just Suffer in Secret http://www.pagadiandiocese.org/2018/03/16/children-of-divorce-arent-resilient-they-just-suffer-in-secret/
“God himself is the author of marriage” (GS 48:1). The vocation of marriage is written in the very nature of man and woman as they came from the hand of the Creator. Marriage is not a purely human institution despite the many variations it may have undergone through the centuries in different cultures, social structures, and spiritual attitudes (CCC:1603)