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9 Chapter II REVIEW OF RELATED LITERATURE This chapter reviews the relevant lit

9 Chapter II REVIEW OF RELATED LITERATURE This chapter reviews the relevant literature which is related to the study. The review focuses on information about the feasibility of legalizing third sex marriage in the Philippines, as well as its ethical, moral, and legal implications, as well as the history of same-sex marriage in other countries. Marriage The lawful relationship, condition or status that arises from an agreement through which one woman and one man, who possess the ability to go into the said agreement, equally promise to be together within the bond of wife and husband under the law for a lifetime or up to the lawful end of the bond. Marriage remains a lawfully sanctioned agreement between the man and the woman. Going into a contract of marriage changes the lawful status of all parties, providing the wife and husband new obligations and rights. The public policy stands strongly approving of marriages based upon the principle that it upholds the family as an entity. Traditionally, marriages have been considered as essential to the protection of civilization and morals. (Retrieved: May 31, 2016, 10:14pm from http://legal- dictionary.thefreedictionary.com/marriage) 10 Same-Sex Marriage Marriages between people of the same, also recognized as gay marriages, are either through a civil or religious ceremony. In the latter part of 2000, religious ceremonies of marriages without lawful recognition turned out to be increasingly usual. The initial law allowing for the wedding of persons of similar sex in contemporary times existed passed in the Netherlands in 2001. As of April 28, 2016, 15 countries, specifically, Argentina, Brazil, Belgium, Colombia, Canada, Iceland, France, Ireland, Norway, Luxembourg, Portugal, Spain, South Africa, Uruguay, and Sweden, besides particular sub-jurisdictions, like parts of Mexico, Denmark, New Zealand, the Netherlands, the United States of America and the United Kingdom, allow couples of the same sex to get married. A comparable Finland law isn’t yet effective. Polls display rising backing for lawfully recognizing marriages of the same sex in Australia, the Americas, and for the most part of Europe. South Africa, by 2015, however, stays the sole African nation where the marriage of the same sex is acknowledged formally, and though no Asian nation allows marriage ceremonies for couples of the same, Israel consents of same-sex weddings performed out of the country. The institution of marriage laws on couples of the same sex has differed by areas, being accomplished in various ways through a governmental or judicial change towards laws on marriage, a law court decision based upon constitutional agreements of parity or through direct general ballot vote referendum or initiative. 11 The acknowledgment of marriage between couples of the same sex is a social and political issue, as well as also an issue of religion in numerous countries, besides debates continuing to result from over whether persons in relationships with the same sex should be permitted marriage or certain similar category of a public union. Same-sex weddings can deliver those in relationships between people of the same sex who shell out their duties with services to the government and render financial requests on them analogous to those allowed to, as well as required of people in marriages with the opposite sex. Same-sex weddings also provide them legitimate protections, like hospital visitation privileges and inheritance. Various religious communities all over the planet support permitting people of similar sex to get married, while countless major faiths oppose marriage between a couple of the same sex. Opponents of marriages between people of the same sex have claimed that acknowledgment of gay marriages will erode spiritual freedom, undermine the right of offspring to be nurtured by their natural father and mother or eat away the establishment of matrimony itself. (Retrieved May 31, 2016, 10:24PM from https://en.wikipedia.org/wiki/Same- sex_marriage) Same-Sex Marriage in Different Countries An increasing number of administrations around the planet are thinking whether to allow legal acknowledgment of gay marriages. Closely 24 countries 12 now have nationwide laws permitting lesbians and gays to get married, mostly within America and Europe. In Mexico, certain jurisdictions let same-sex pairs marry, while other jurisdictions don’t allow it. Colombia (2016) Colombia turned to be the fourth nation in South America consisting of Catholics as the majority religion of the populace to authorize same-sex wedding in April of 2016. The first three countries legalizing same-sex marriage were Argentina, Brazil, and Uruguay. The Constitutional Court of the country, by a six against three votes, decided that its people exist free to select independently towards starting a family and maintaining their sexual tendency. As a result, they receive equal management under the law and the constitution, as stated by the Agence France-Presse. United States (2015) 11 years following the first legalization of gay marriage within Massachusetts, the United States Supreme Court declared that the charter guarantees it all over the nation. The five against four decision supports partially the explanation of the court’s 14th Amendment, besides stating that restricting marriage exclusively to couples of the opposite sex violates the guarantee of the same protection in the law as cited in the said amendment. Before the verdict, 36 states, as well as the Columbia District had allowed gay marriage. 13 Greenland (2015) Greenland, Denmark’s autonomous region, wasn’t exposed to the gay marriage rule of Denmark, which was passed in 2012. Greenland legislators, however, passed a proposed law in May of 2015 legalizing gay marriage. Take note that Greenland is the biggest island in the world. Ireland (2015) On May of 2015, Ireland, the majority of its populace being Catholics, became the pioneer country to authorize gay marriage by way of a widespread referendum. 62% of the Irish voters voted in support of amending Ireland’s Constitution to state that weddings may be engaged in agreement legally by couples without a difference in their genders. While several leaders of the Catholic Church opposed the modification, Diarmuid Martin, Archbishop of Dublin, wrote a comment in the newspaper, “The Irish Times” before the vote, stating that he will not advise people on how to make their choice. In addition, he expresses having no personal desire to squeeze his religious opinions down the throat of other people. The affirmative campaign was highly supported by Enda Kenny, Ireland’s Prime Minster. Finland (2015) Gay marriage shall become authorized in Finland this year, 2017. The Parliament of Finland approved a proposed law legalizing gay weddings in 14 November of 2014, besides Finland’s head, Sauli Niinistö, endorsed the bill into a law in the second month of 2015. The proposed law started as an initiative of the citizens, an open petition containing 167,000 names and signatures. Finland turned out to be the fifth Nordic country to sanction same-sex marriage with Iceland, Denmark, Norway, as well as Sweden. Luxembourg (2014) On the 18th of June, 2014, the Chamber of Deputies, the parliament of Luxembourg, overwhelmingly accepted legislation that allows lesbian and gay couples to marry and adopt kids. The proposed law that took effect early in 2015, existed championed through the Prime Minister of Luxembourg, Xavier Bettel, who’s openly known to belong to the third sex. The modifications were a portion of a bigger revision of the small country’s matrimonial laws, the primary major revision since 1804. Aside from allowing gay couples to get married and adopt children, the law sets the lawful marrying age of 18 years and removes the current requirement that pairs who wish to get married must initially go through a medical examination. Scotland (2014) On the fourth day of February 2014, the Parliament of Scotland voted overpoweringly to favor legislation authorizing same-sex wedding. This allows 15 same-sex pairs to marry and gives churches, besides other spiritual groups the choice of determining to administer such weddings or not. Scotland’s two biggest churches, the Roman Catholic Church and Church of Scotland, oppose gay marriage, as well as lobbying in opposition to the proposed law. The bill took effect, however, and gay couples started marrying in the last month of 2014 in Scotland. England and Wales (2013) On the 17th of July 2013, a royal permission was granted by Queen Elizabeth II to a proposed law legalizing gay marriage in Wales and England. The day prior to the said date, the bill won ultimate passage within the British Parliament following months of discussion. The bill applies only to Wales and England because Northern Ireland and Scotland are largely self-governing and own separate lawmaking bodies towards deciding many local issues, counting the description of matrimony. Though the legislature of Northern Ireland in April 2014 chose a bill that will legalize gay marriage, the Parliament of Scotland passed a law to sanction gay marriage in the second month of 2014. The newly passed law in Wales and England, which stayed of importance for David Cameron, leader of the Conservative Party and the British Prime Minister, permitted lesbian and gay couples to get married beginning the 29th of March, 2014. The law, however, prohibits gay weddings in the Church of England that continues to state marriage by way of a contract between one woman and one uploads/Geographie/ thesis-guide 1 .pdf