Separate but equal.
A bill proposing to allow couples to enter into a civil partnership, whether they are of the opposite or of the same sex, has been filed by former Speaker and Davao del Norte 1st District Rep. Pantaleon Alvarez in the 18th Congress.
Under House Bill 2264, all benefits and protections granted to spouses in marriage under existing laws, administrative orders, court rulings, or those derived as a matter of public policy would also be enjoyed by civil partnership couples.
At the same time, laws on marital relations, including donations by reason of marriage, legal separation, adoption, child custody and support, property division and maintenance, and spousal support, will also apply to civil partnership couples.
In refiling the civil partnership bill, Alvarez stressed the right of all Filipinos to equal protection under the law and to freely associate themselves with others.
“This bill… hereby proposes to allow couples to enter into a civil partnership, whether they are of the opposite or of the same sex,” he said. “It aims to be a landmark effort to provide civil rights, benefits, and responsibilities to couples, previously unable to marry, by giving them due recognition and protection from the State.”
Alvarez filed the same bill in the 17th Congress, where it failed to get pass the deliberations of its mother committee.
But at that time, Atty. Clara Rita Padilla, executive director of EnGendeRights Inc., a human rights organization that fights against discrimination of women and LGBTQI people, said that Philippine law should uphold the basic human rights of everyone regardless of sexual orientation, gender identity, and expression (SOGIE).
“LGBTQI people enjoy the same rights to equality and non-discrimination as all Filipino citizens, thus, our laws should afford LGBTQI people the same rights as heterosexuals. The right to marry is a basic human right that everyone should enjoy – heterosexuals and LGBTQI people alike. It is guaranteed by our constitutional rights to equality, equal protection of the law, privacy, religion and belief,” Padilla said.
Presently, LGBTQI couples are denied the benefits enjoyed by heterosexuals, such as the right to jointly adopt children, own conjugal properties, intestate succession, immigration, avail of tax exemption, and avail of benefits related to insurance, social security, medical, hospitalization, next-of-kin, burial, among others. These benefits have long been enjoyed by married heterosexual couples simply because they are heterosexuals.
In a 2018 Social Weather Stations (SWS) survey – done via face-to-face interviews from March 23 to 27, and which asked 1,200 respondents across the country whether or not they agree with the statement “there should be a law that will allow the civil union of two men or two women” – at least 61% of the respondents said they would oppose a bill that would legalize this in the country. Among them, 44% said they strongly disagree, while 17% said they somewhat disagree. Meanwhile, 22% said they would support it, while 16% said they were still “undecided,”
But according to Pres. Rodrigo Duterte’s spokesperson at that time, Harry Roque, the President is said to support civil unions but not same-sex marriage (https://outragemag.com/duterte-backs-civil-unions-not-same-sex-marriage-spox-roque/).