On a TV interview last June 20, Bataan Representative Geraldine Roman urged members of the LGBTQ+ community who were enjoining the Supreme Court to legalize same-sex marriage to “take baby steps” in pursuing their goal. Roman, a proponent of House Bill (HB) 6595, which seeks to legalize civil partnership for couples regardless of the sexes involved, aligns with President Rodrigo Duterte in the belief that the Philippines is not yet ready for same-sex marriage.

The Supreme Court petition is still under consideration, but Roman and Duterte have since expressed favoring civil partnership over same-sex marriage, with Roman remarking that the former ensures corresponding civil and legal rights without the latter’s religious connotation.

But in the 2018 Metro Manila Pride March, held on June 30 in Marikina City, members and allies of the LGBTQ+ community remained split on whether civil partnership or same-sex marriage is the ideal next step in the fight for the rights of same-sex couples.

All but name

The proposed Civil Partnership Act, HB 6595, will grant civil rights and responsibilities to same-sex and opposite-sex couples who do not wish to undergo a marriage ceremony, religious or civil, for personal beliefs. The most recent version of the bill states that “[a]ll benefits and protections as are granted to spouses in a marriage” will be afforded to civil partnership couples.

This means that civil partnership couples can share properties as conjugal assets, file joint tax returns, have inheritance rights, make medical decisions on a partner’s behalf, have adoption rights and rights to a child, among other rights married couples enjoy.

It is distinct, however, from marriage that the Family Code of 1987 explicitly defines as between a man and a woman. Notably, the 1987 Constitution only defines marriage as “an inviolable social institution” and “the foundation of the family” that “shall be protected by the State,” with no mention of the sex of participants.

‘Yes’ to civil partnership

Pride Marchers and couple Judd Labarda, who identifies as gay, and Arjay Montablan, who does not wish to identify his orientation, hope for a future where same-sex marriage is legal. However, the two acknowledge that the process of legalization will be difficult.

Montablan explains, “In our culture, the first step is to establish civil [partnership,] then it will be step-by-step. […] Right now, it’s too early.” Labarda adds, “Someday I hope to marry the person I love however he identifies, but we’re still on our way towards that given our culture and political climate.”

Likewise, Leah Maglalang, who identifies as bisexual, and her partner Kristine Maligaya, who identifies as lesbian, express their support for same-sex unions as they marched for Pride. “Spread the love. There’s nothing wrong [in being a same-sex couple],” Maglalang says. “May mga tao lang talaga na hindi pa tanggap ‘yung ganitong society (There are just some people who still don’t accept an open society),” adds Maligaya.

The two also state that first legalizing civil partnership is amenable to them. But at present, Maligaya shares, “It doesn’t matter what other people think [about our relationship] kasi tanggap kami [ng pamilya namin] (It doesn’t matter what other people think [about our relationship] because [our families] accept who we are),” to which Maglalang agrees.

‘Yes’ to marriage

Still, there are those who remain steadfast in pursuing same-sex marriage over civil partnership, one of which is Nicky Castillo, a human rights activist and one of the co-coordinators for Pride. Identifying as a cisgender queer woman, she shares that legalizing same-sex marriage to her means that members of the LGBTQ+ community will enjoy the same rights as heterosexual couples when married.

However, she says, “[If the only difference] is the name, [why would we take it away] from LGBTQIA+ people? Why deny same-sex couples the privilege of calling [civil partnership as same-sex marriage]?”

“If you call it by any other name, it’s something less. If you don’t call a union of two people who have been together for 50 years [for examples], then it’s like you’re telling them you’re different,” she adds.

Castillo mentions how LGBTQ+ people are only tolerated, and not accepted, in the Philippine context. She remarks that if civil partnership is favored over same-sex marriage, “semantics pa lang, hindi na tayo pantay-pantay (even at mere semantics, homosexual and heterosexual couples are already unequal).”

Similarly, Mikhail Quijano, co-head for communications and campaigns of Pride, expresses disagreement at Roman and Duterte’s position. “In terms of having civil partnership [over] same-sex marriage, it’s a matter of educating the community,” he says.

“It’s really heeding the call of the community, so if there’s no difference in the granting of the rights, you might as well give it [fully as marriage],” he continues.

The challenge for both

A 2013 Pew Research Center study found that 7 out of 10 Filipinos think homosexuality should be accepted, however, there are conservative groups remaining in staunch opposition to the LGBTQ+ advocacy.

“Marriage is between a man and a woman!” an anti-Pride protestor shouts while holding a sign with the statement: “HOMOSEXUALITY IS A SIN.” Another shouts, “Bawal ang makasalanan, magsisi kayo (Sinners are forbidden, repent)!” through a megaphone as Pride Marchers passed.

When it comes to discrimination, Castillo and Quijano mention that along with pushing for same-sex marriage, Pride stands for the passage of HB 4982, or the SOGIE (Sexual Orientation, Gender Identity and Expression) Equality Bill, which seeks to prevent discrimination against people based on their SOGIE. Those convicted of discrimination as the bill defines it face a fine of Php 100,000 to Php 500,000, imprisonment for one to six years, or both.

Castillo elaborates, “It covers everything from healthcare to education, and it also covers people who are single and partnered, so it doesn’t discriminate. It gives everybody their rights that should be afforded no matter your civil status [or relationship status].”

She adds that the SOGIE Bill is especially urgent for “those [on] the fringes of society” such as “poor people who are already discriminated for being poor [and are discriminated further] for being LGBT.” This is why Castillo believes that the bill needs to be passed in conjunction with legalizing same-sex marriage.

However, civil partnership already faces considerable challenges, though it may be easier to legalize than same-sex marriage. A Social Weather Stations survey conducted earlier this year among 1,200 participants reveals that six in ten Filipinos oppose the bill legalizing civil unions between same-sex couples, only two in ten support it, and another two in ten are unsure.

What’s in a name? To hardline anti-LGBTQ+ groups, it may not even matter, but the fight continues for the marchers of Pride. With two motions underway to legally recognize same-sex couples, one in Congress and another in Court, the LGBTQ+ community and its allies now wait in hope for favorable verdicts.

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