III. SAME SEX MARRIAGE WILL NOT FURTHER ISOLATEMARRIAGE 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 under our Marriage Law, a clear violation of the constitutional guaranteed

1 Obergefell vs. Hodges June 26, 20152 Section 2 Article XV

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 MARRIAGEHAS NO RELATION WITHTOTAL 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 same-sex 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.

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.

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 Philippines5 Senior Associate, Policy Research Division, Population Council, New York, USA

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 non-marriage, 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 byPhilippine 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.” 115. 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

6 Research on Fertility Decline in the Philippines Current Status and Future Prospects by Costello and Casterline, 2009

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.