The United States has
finally become the 21st nation and territory to acknowledge
that same sex marriage is legal. In an
unprecedented ruling, the US Supreme Court handed down a 5-4 decision favoring legalization of same sex marriage and declaring once and for all that gays,
lesbians, transgender, and other members of the LGBT community can finally
enjoy the benefits of marriage. This
landmark decision has now removed issues and concerns with regards to state to
state differences on matters of same sex marriage. With this, LGBT people will no longer be threatened with differences in opinion when it comes to it and finally, both parties are
now protected.
The Meaning of This
Landmark Decision
Supreme Court Justice
Kennedy stated in his argument that the LGBT people are no longer confined to live
in loneliness and now have equal dignity in the eyes of the law as the
constitution has already granted this right.
With this development, same-sex married couples can now enjoy the same legal
benefits and privileges the heterosexual couples enjoyed since time
immemorial. Thus, same sex couples are
now officially recognized in public documents such as birth and death
certificates and of course enjoy marital benefits as well such as social
welfare, inheritance, property benefits, and many others.
The Effects of this US Supreme Court Ruling Here in the Philippines
This is a history defining
moment not only for the LGBT community but for the rest of the world as
well. The first major impact of this
decision is redefining marriage; it will no longer be a man and a woman. With that, it will create greater divide
between religious fundamentalists and modern citizens. It will also encourage the LGBT community in
different parts of the world to demand the same legal rights afforded by the US
Supreme Court.
Here in the Philippines
where religion plays a major role not only in the basic core of the society but
also in its quest for nationhood, the path towards removing the gender barrier
in marriage will be very difficult. This
is quite ironical considering the fact that the constitution mandates separation of the
Church and the State. Yet, political
leaders are servants to the whims and caprices of different religious and
spiritual leaders; thus, breaking down traditional barriers in terms of gender
equality and marriage will definitely face rough roads and rides.
The bright spot in this
situation for LGBT Filipinos is to follow The Netherlands scenario where Dutch
citizens sued their government for not acting on climate change and the
citizens won. This will be one of the
paths to be followed by the LGBT community leaders here in the Philippines in order
to achieve legalization of same sex marriage in the country. LGBT people will
sue the government and its leaders for violation of constitutional rights with
regards to equality and liberty. As
stated in the US ruling;
“The Constitution promises liberty to all within its reach, a
liberty that includes certain specific rights that allow persons, within a
lawful realm, to define and express their identity.”
This statement is significant considering that Philippine Constitution
is more or less patterned with the US Constitution.
Another possible scenario
is that there will be an exodus of LGBT people to the US with the hope of
acquiring a green card and at the same time being legally married as a same sex
couple. While this might not be
significant in terms of numbers, however, the contribution of the LGBT people to
the Philippines financially is nothing to sneeze about. It is recognized that
many LGBT people are earning more than heterosexuals do especially in areas
where creativity, diligence, and industry are the requirements to be successful
in their own field.
Marriage is
an evolution. It has transcended from
arranged marriage to freedom to select marital partners. It has been able to break down barriers on
interracial marriage and now is the time marriage to evolve again and this time
it will embrace LGBT people into it.
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