#RSS 2.0 RSS .92 Atom 0.3 Opinion latest comments Inquirer Opinion » Same-sex civil unions: unconstitutional Comments Feed ‘Hot’ zones and global warming Transempire Quantcast [p?c1=2&c2=8555382&cv=2.0&cj=1] * Home * News * Opinion * Sports * Lifestyle * Entertainment * Business * Technology * Global Nation TOTAL SHARES [xfacebook-icon1.png.pagespeed.ic.DxyxvIxmuK-3ewjlRpWR.png] [xtwitter-icon1.png.pagespeed.ic.cO9wLRDtaIFNVjEsI5VT.png] [xgoogle-plus-icon1.png.pagespeed.ic.quIWhxemclJ_Wq5tM9mf.png] [xshare-icon1.png.pagespeed.ic.akVj2a5992rU2ZeU5o8V.png] [xemail-icon.png.pagespeed.ic.M8z07b254kjb7CagWRmS.png] * News * Opinion * Sports * Lifestyle * Entertainment * Business * Technology * Global Nation Search for article ____________________ Indonesian rescuers fail again to lift fuselage of AirAsia Elijah Legaspi Nursing exam top-notcher: I know the struggles of nurses so I want to serve Vice President Jejomar Binay and Makati City Mayor Jejomar Erwin Binay Jr. INQUIRER FILE PHOTO Binay decries ‘abuse of law’ in possible arrest of son Sen. Jinggoy Estrada. INQUIRER FILE PHOTO/LYN RILLON Jinggoy refiles bill allowing probers access to foreign currency deposits of gov’t execs President Barack Obama AP FILE PHOTO Obama offers condolences to Abe over slain hostage 02volley La Salle swamps UP, takes off in four sets FILE - In this Sept. 7, 2014 file photo, Caroline Wozniacki, of Denmark, left, talks with Serena Williams, of the U.S., after Williams won the championship match of the 2014 U.S. Open tennis tournament, in New York. In their latest public display of friendship, Williams and Wozniacki posted a photo of getting their nails done before the Australian Open. The camaraderie, in a sport better known for its rivalries, has prompted discussion among players on what it's like in the locker room and behind-the-scenes with top tennis stars. (AP Photo/Mike Groll, File) ‘Mean Girls’ it’s not but some players scoff at friendships UST players work on their game ahead of a crucial tiff against defending champion NU on Sunday. The Tigers won in straight sets. Mark Giongco/INQUIRER.net UAAP: UST rallies in 2nd set, blanks NU Aussie Open: Sharapova all business to set up Bouchard showdown Ateneo head coach Oliver Almadro says winning by straight sets over a streaking Adamson team is something he did not expect. Mark Giongco/INQUIRER.net UAAP: Ateneo stops Adamson’s 7-game run in men’s volleyball A scene from “No habrá paz para los malvados (No Rest for the Wicked)”. CONTRIBUTED IMAGE/Instituto Cervantes Manila Film noir at Instituto Cervantes A team of archaeologists and anthropologists take notes after starting the excavation work after identifying three unrecorded and unidentified graves in the chapel’s crypt of the closed order Convent of the Barefoot Trinitarians in Madrid's historic Barrio de las Letras, or Literary Quarter, Spain, Saturday, Jan. 24, 2015. AP Experts examine bones as Spain hunts for Cervantes’ remains promil Gifted children of the ’90s: Where are they now? 150123_SINULOG Top 10 ‘Next Act Sinulog’ 2015 Instagram photos How to flee a loveless arranged marriage? Kamikazee-2 Kamikazee announces breakup after 2015 This photo provided by courtesy of Alchemy shows Al Pacino as Simon Axler in the film, "The Humbling." (AP Photo/Alchemy, Christie Mullen) Al Pacino sees self in ‘aging actor,’ refuses to fade away Muslims are facing increased threats in the United States after the release of the movie "American Sniper," an American-Arab organization said in letters to director Clint Eastwood and star Bradley Cooper. US Muslims threatened after ‘American Sniper’—group Jack Black, right, and Henry Zebrowski, cast members in "The D Train," pose together at the premiere of the film at the Library Center Theatre during the 2015 Sundance Film Festival on Friday, Jan. 23, 2015, in Park City, Utah. AP First Look: Jack Black is brave, heartbreaking in ‘D Train’ FILE - In this Friday, Jan. 9, 2015 file photo, Anne Hathaway arrives at the AFI Awards at The Four Seasons Hotel in Los Angeles. Hathaway was not supposed to star in “Song One,” an indie musical about a disconnected twenty something in a crisis who finds herself in folk music. One year after its Sundance Film Festival premiere, the actress laughed about the awkwardness of having to ask her director to be in the film, which is now playing in select theaters and on video-on-demand. (Photo by Jordan Strauss/Invision/AP, File) Anne Hathaway: ‘It’s not like the world has gotten nicer’ SCREENGRAB from Megawide website Megawide group wins transport terminal project Court upholds Filipino ADB employees’ tax exemption Business etiquette 101 THE Great Wall of China as depicted on a lantern by Chan Lim. 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AP FILE PHOTO All Pope all the time AP FILE PHOTO More blockades by China to follow, say experts OFWs warned against taking out loans in UAE Commentary Same-sex civil unions: unconstitutional Oscar Franklin Tan [xminitwitter.png.pagespeed.ic.bTHt7Ga91EEQuI4s0D6L.png] @inquirerdotnet Philippine Daily Inquirer 1:05 AM | Wednesday, October 22nd, 2014 [xfacebookl_icon.png.pagespeed.ic.c-Dare-6tPMCxnwSrG8_.png] [xtwitter_icon.png.pagespeed.ic.ifa1e_ZQefqfC-AosFju.png] [xsharethis_icon.png.pagespeed.ic.Meee0nmLf1TiFHvu1skM.png] [xemail_icon.png.pagespeed.ic.3_WxBxOaTGYIKzHsWJBm.png] [xreddit-logo-rounded.png.pagespeed.ic.nPnuYDxXrWEjq6Oet3Aw.png] More News from Oscar Franklin Tan [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] We must etch two crucial messages on Filipino psyche [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] Celdran, Charlie and a Christian free speech POPE FRANCIS/JAN.17,2015 Pope Francis waves to gthe crowd as he leaves where he asked the people to pray for him as he says sorry after cutting short his stay due to weather brought by typhoon Amang at the Palo Cathedral. INQUIRER PHOTO/RAFFY LERMA Faith cannot stop at the most moving Mass of our generation [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] Human rights rewritten to jail Celdran [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] How we can triumph in Asean integration MORE More News from Philippine Daily Inquirer [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] A crying shame [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] Relics and gestures of faith [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] Beyond Francis [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] Guilty but not jailed [xdefualt-photo.gif.pagespeed.ic.4EHYKFymchveL38RQOUC.png] No ‘hiding the poor’ MORE popular In reference to dancers during Pahiyas Festival in Lucban, Quezon. CONTRIBUTED IMAGE Netizens feast on MJ Lastimosa’s 'cake-inspired’ dress TRIPLE TREAT Pope Francis savored Chef Jessie Sincioco’s grilled Chilean sea bass with wild rice risotto and grilled choice vegetables. He also had a taste of “turon” (banana spring roll) and banana cue and a steak (rare) with vegetables. PHOTOS COURTESY OF CHEF JESSIE SINCIOCO What Francis ate: How sweet it is Danding Cojuangco son: I’ve no gain in TPLEx How to flee a loveless arranged marriage? No 'hiding the poor' Vice President Jejomar Binay and Mayor Jun jun Binay. FILE PHOTOS Final call out for Binay son DRIZZLE with DNA at Hard Rock Cafe Makati POCHOLOCONCEPCION Why the hottest gigs are at MOA Arena Chinese targetted in Congo anti-government riots videos [0.jpg.pagespeed.ce.vRpFQxP_5TQ0v04_-9qc.jpg] Hale is back to ‘See You’ [x0.jpg.pagespeed.ic.mwOW1VsLsBpOiQfwZDs0.jpg] Kristel Mae Padasas given highest police honor [0.jpg.pagespeed.ce.wHxNAscHBUSSmDNWHgeO.jpg] Sandigan acquits Joey Marquez in graft rap [x0.jpg.pagespeed.ic.FhPZAwownNuOv5PUoHTU.jpg] Binay used Boy Scout land deal to fund 2010 poll campaign—Mercado [0.jpg.pagespeed.ce.yLyWIVZTnMnG34FuWQOl.jpg] Pag-IBIG exec denies Binay muscled way to get contract for security agency A+ A A- Former UP Law dean Pacifico Agabin recently emphasized that prohibiting same-sex marriage violates equal protection and the right to privacy. Agabin reacted to a lecture by retired justice Jose Vitug to senior judges, where Vitug opined that the Philippines is unlikely to follow the global trend recognizing same-sex marriages, but that there might be a need to recognize property relations among same-sex couples. But Agabin is right, and even a seemingly reasonable start with economic relationships is outmoded and no longer a valid framework for discussion. The synod of Catholic bishops’ draft statement (since rephrased) recently made global headlines by proposing that homosexuals have “gifts and qualities to offer to the Christian community,” and that the Church must be “accepting and valuing their sexual orientation, without compromising Catholic doctrine,” offer “a place of fellowship” and respect how same-sex unions are “a valuable support in the life of these persons.” This was nothing short of an “earthquake” and a “stunning change.” Further, we confront the brutal murder of transgender Filipino Jennifer Laude, allegedly by a US Marine. We face another aspect of the same question of human dignity as we reflect whether Jennifer should be called “she” or “he” and whether certain news editors were exploitative in using her voluptuous bikini picture on the front page. Agabin is no less than a synod of bishops. In his last major Supreme Court appearance, Senior Associate Justice Antonio Carpio mistakenly addressed him as “Justice,” Justice Marvic Leonen expressed hope that he would do justice to his classes under Agabin, and Chief Justice Ma. Lourdes Sereno tried to cite Agabin’s own lectures against him. His unequivocal statement to our judicial leaders is thus no less an earthquake. A mere 10 years ago, I was studying the Massachusetts Goodridge decision in Prof. Elizabeth Pangalangan’s class, the first US state (and sixth global) decision in favor of same-sex marriage. It obliquely pronounced marriage as a set of economic benefits such as tax exemptions. Goodridge stopped short of stating that same-sex marriages must be allowed, accepting “civil unions” or some other recognized partnership that is not marriage so long as homosexuals received the same economic benefits. Human rights philosophers quickly concluded that this is a hollow trick, one that begins from the premise that love has no legal meaning. In 2003, a year before Goodridge, the Lawrence v. Texas decision affirmed that the right to privacy protects homosexual sex. This was not merely privacy behind closed doors but “decisional privacy,” or the right to make fundamental life decisions without government interference. This crucial distinction emphasized the inherent human dignity in the chosen relationship that contextualized the private acts beyond the acts themselves. My professor Laurence Tribe filed a key Lawrence amicus brief and later summarized in the Harvard Law Review: “It’s not the sodomy. It’s the relationship!” (Tribe is the revered constitutional litigator who taught US President Barack Obama and Chief Justice John Roberts and Inquirer publisher Raul Pangalangan, sort of like the Agabin of the United States.) A primacy on publicly recognizing this dignity, not Goodridge’s legal acrobatics, is now the mainstream argument for same-sex marriage. The US Supreme Court nullified the Defense of Marriage Act in 2013, concluding: “The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity. By seeking to displace this protection and treating those persons as living in marriages less respected than others, the federal statute is in violation of the Fifth Amendment.” Funny enough, after years of intense legal debate, the most compelling conclusion from Agabin, Tribe and the US Supreme Court is that simple word “dignity.” Law at the highest level is as simple as it is profound. Even funnier, no intellectual, legal argument has gained traction against the simple word. Religious objections are out of bounds. Abstract claims of morality fail against an invocation of a human right. Inability to procreate is irrelevant as infertile heterosexuals are allowed to marry and several US states allow first cousins to marry if the union would be infertile. The latest argument was that same-sex marriages must be prohibited to protect children. Last September, Judge Richard Posner threw this out, as allowing same-sex couples to marry can only avoid stigmatizing and harming the children they adopt. Note how each such argument fails to address dignity. Agabin stopped short of spelling out that the legal acrobatics have fallen away in the modern debate and suggestions to begin with property relationships or “civil unions” intentionally miss the point. The state of the law is simply that if each of us is able to look a LGBT Filipino in the eye and say that he or she is a second-class citizen capable only of second-class human relationships that deserve only second-class legal recognition, then we have an unassailable legal basis to exclude LGBT Filipinos from marriage. If not, then our society is due for an honest conversation on human dignity. Between Agabin and Pope Francis, the conversation may well come sooner than later. Oscar Franklin Tan (@oscarfbtan, facebook.com/OscarFranklinTan) published “Marriage Through Another Lens: Weighing the Validity of Same-Sex Marriages By Applying Arguments to Bisexuals and Transsexuals (81 PHIL. L.J. 789 (2006))” and “Articulating the Complete Philippine Right to Privacy, 82(4) PHIL. L.J. 78 (2008)).” Get Inquirer updates while on the go, add us on these chat apps: [xline.png.pagespeed.ic.r15S__vk_FJE5SEZOTY3.png] [xviber.png.pagespeed.ic.ydswcROsmQx5FSM37di7.png] [xkakao.png.pagespeed.ic.VEy2y1kl96SfO1zdeAVC.png] [xwechat.png.pagespeed.ic.C7x3A_-6hll0w7jYaNBU.png] Inquirer Viber * Tags: * civil unions * equal protection * Laurence Tribe * Pacifico Agabin * Pope Francis * popeinph * right to privacy * same-sex marriage Related Stories: * Australia investigates ‘paedophile’ father in Thai baby scandal * Bangladesh ferry owner faces charges in sinking * Bangladesh ferry owner faces charges in sinking * Bangladesh ferry owner faces charges in sinking * Bangladesh ferry owner faces charges in sinking * Bangladesh ferry owner faces charges in sinking * Bangladesh ferry owner faces charges in sinking * Bangladesh ferry owner faces charges in sinking Complete stories on our Digital Edition newsstand for tablets, netbooks and mobile phones; 14-issue free trial. 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