Points for Interpellation: A. Regarding the use of US jurisprudence and other global models
Q: Would you agree with me that the US has recently legalized same sex marriage in its jurisdiction? jurisdiction? Q: And by way of analogy, you beliee that the legalization of same sex marriage in in the US acts as a !recursor for the "hili!!ines to do the same? Q: Are you aware of the international doctrine of #se!arate jurisdiction$? Q: Are you not informed that the doctrine was used in the landmar% case of Smith s &antos? Q: Are you aware that the Su!reme &ourt in that !articular case held that the "hili!!ine goernment in legalizing laws should not be influenced by global trend? Q: And in addition, are you informed that the S& also ruled in that case that following the doctrine of #se!arate jurisdiction$, a legalization of a !articular act in other countries does not mean that the "hili!!ines should li%ewise do the same? Q: A!!lying the doctrine, do you now concede that the "hili!!ines should not use the legalization of same sex marriage in the "hili!!ines just because other countries li%e the US did the same? 'f YES: (han% you for conceding and hel!ing the negatie side establish its !oint) 'f N: *ou+re answer in not in consonance with the ruling of the S&) !. "ebun#ing the Separation of $hurch and State
Q: As gathered from your !osition as affirmatie, you a!!eal for legalization of same sex marriage free from the bias of religion, correct? Q: 'n Article '', sec , the -./0 &harter grants se!aration of church and state, correct? Q: 1o you understand full well the meaning of this !roision? Side comment: 2ery good) 3et+s test that) Q: Are you aware of the case of US s 4eynolds? Q: Are you not informed that under such case, the S& ruled that the se!aration of church and state 156S 75( mean that the State shall totally disregard the o!inion of the &hurch? Q: Are you aware that under such ruling, the S& ruled that the obligations of the State is not to close its ears against the &hurch, but to stri%e the balance between the State+s interest and the interest of the !eo!le belonging to such religion? Q: 1o you %now that under the case of Agli!ay s 4uiz, the S& declared that the &hurch is not just a religious grou!, but also reflects the core alue of the !eo!le? Q: Are you also aware that in that !articular case, the S& declared that religion is an indis!ensable factor of the 8ili!ino society? Q: 8ollowing the rulings in US s 4eynolds and Agli!ay s 4uiz, do you now agree with the 9igh (ribunal that the true meaning of se!aration of church and state is not se!aration in its !lain meaning but the balancing of the interest of the State and religion? 'f YES: 2ery good) (han% you for coo!erating with the negatie side)
'f N: (hat would be to deny the statutory construction done by the Su!reme &ourt itself) $. Same se% marriage is against the public morals
Q: (he branch of the goernment that !asses laws is the 3egislature, agree? Q: Are you aware that according to Art) of the &iil &ode which states that in the exercise of !ersons of their rights, they must 75( be against 8ili!ino morals, alues and customs? Q: Are you li%ewise aware that if an act is against the law, !ublic morals, customs, or !ublic !olicy, it shall be considered oid? Q: 4ight now, at this ery moment, do you beliee that the 3;( community has attained acce!tance from the 8ili!ino society? Q: Are you aware that in the most recent surey conducted by "ulse Asia, !artici!ated by an estimate -<,<<< 8ili!ino res!ondents from all oer the "hili!!ines, a who!!ing 0=> of the res!ondents ex!ressed negatie iews about 3;(? Q: Are you also aware that another surey, this time conducted by Social Weather Station, reealed that 0 out of -< 8ili!inos still do not recognize 3;(s as !ersons with eual standing? Q: 1o you now ac%nowledge that as !er the "ulse Asia and SWS sureys, the 8ili!inos are not yet bestowing full acce!tance of 3;(? Q: 1o you now recognize that full acce!tance of 3;(s should first be attained before legalization of same sex marriage should be legalized? Q: Are you aware that a study conducted by Uniersity of the "hili!!ines &enter for Anthro!ological Studies entitled #9omosexuality in the "hili!!ine Strata$, !ublished late last year, !roed that des!ite numerous !ro@3;( cam!aigns, the collectie attitude of the 8ili!ino !eo!le towards 3;(s remain negatie? Q: 1o you now concede that as !er the mentioned resources, the 8ili!ino society is yet to recognize 3;(s and their rights? Q: 1o you agree with the recommendations in that study which said that education of the !ublic regarding the rights of 3;( should be done first to foster acce!tance of 3;( among the !eo!le? Q: 1o you realize that unless the society+s dissident attitude towards 3;(s is changed, then 3;(s cannot achiee full euality, een if you legalize same sex marriage? 'f N: 1o you mean that legalizing same sex marriage will instantly ma%e the !eo!le recognize 3;(s? (regardless of the answer: You seem to be jumping to unfounded conclusions Ms/Mr Speaker and that amounts as fallacy of hasty generalization) 'f YES: 6xactly) (han% you for agreeing with the negatie side+s !oint) ". Same se% marriage is against the la&' amending the la& must first be done.
Q: As mentioned in Art) 5f the &iil &ode, any act contrary to law shall be deemed null and oid, do you agree? Q: (he 8amily &ode is the leading law regarding marriage in the "hili!!ine context correct?
Q: Are you aware that in Art - of the 8amily &ode, marriage under the context of "hili!!ine 3aw means a contract between a man and a woman? Q: Are you li%ewise aware that under Art = of the 8amily &ode, one of the essential reuisites for a alid marriage to exist is the legal ca!acity of the contracting !arties who must be a man and a woman? Q: 7ow do you recognize the fact that the "hili!!ine law only recognizes ex!licitly marriage between a man and a woman? Q: And do you concede that if a marriage between a man and another man, or a woman with another woman, it shall be against the sti!ulations of Art - and = of the 8amily &ode? Q: And the 8amily &ode is a law correct? Q: And since same sex marriage in the status uo contraenes the !roisions of the 8amily &ode, same sex marriage is against the law correct? Q: And since same sex marriage is against the law, you recognize that under Art of the &iil &ode, it shall be oid ab initio and shall not !roduce any legal effect? 'f YES: (han% you for recognizing that same sex marriage is illegal) 'f N: *ou are denying the ex!ress !roisions of the law s)Br) S!ea%er) Q: And do you agree that in order for same sex marriage to be allowed, the law should first be amended? Q: And has the affirmatie side !ro!osed for an amendment of the law? 'f YES: As far as your s!eeches are concerned, you did not) 'f N: (han% you for admitting that you failed to !ro!ose an amendment of the law hence same sex marriage will still be deemed illegal)
