Hello!

:)
This post contains our (1) draft outline, (2) additional things we need to resea
rch on, and (3) possible arguments of the Applicant (for same-sex marriage)
(1)
Same-sex marriage is illegal and should not be allowed.
1. The Family Code expressly states that marriage should be between a man a
nd a woman.
a. Under the Constitution and the Family Code, marriage is the foundation o
f the nation, which should be protected by the state.
i. "Marriage is a special contract of permanent union between a man and a w
oman entered into in accordance with the law for the establishment of conjugal a
nd family life." (Art. 1 of the Family Code)
ii. Essential requisites of marriage: "legal capacity of the contracting par
ties who must be a male and a female." (Art. 2)
b. The laws of the State are always construed for the stability of marriage
as an institution, which in turn reinforces stability in the state
i. Allowing same-sex marriage would cause an upheaval in the natural order
of things that would allow unstability in the family home to prosper.
ii. Under the Family Code there are certain duties that are specifically giv
en to husbands or wives. In cases of same-sex marriages, there is no clear delin
eations on who shall act as husband and wife. There is no practical way of disti
nguishing who is husband or wife.
2. One of the main reasons why marriage is such a protected institution is
its effect of creating an environment of procreation.
a. The creation of a family is a sacred and protected right in our country.
Same-sex marriages do not allow the creation of a natural family life.
b. Assuming that procreation is not needed WE DON'T HAVE ANYTHING PA
3. Same-sex marriages foster an abnormal environment for children to grow u
p in.
a. In a marriage, the material and moral welfare of the children are always
put in a premium. Circumstances that foster their growth are favored, and insta
nces that detriment from their development are set aside.
b. Children need both a mother and a father while growing up. Having two mo
thers or two fathers create an abnormal environment that may cause detrimental e
ffect to the emotional and psychological growth of children.
i. Scientific studies show that .
c. It is not healthy for children to grow up in an abnormal environment tha
t's very unstable. The welfare of the children are too important to gamble on a
maneuver that is obviously contrary to the status quo.
4. The classification between same-sex marriages and heterosexual marriages
is valid.
a. The classification between the two pass the tests of valid classificatio
n.
i. There is a substantial difference between same-sex relationships and het
erosexual marriages.
ii. The classificaiton is germane to purposes of the law.
iii. It applies to all members of the same class.
iv. It does not hinge upon existing conditions only.
(Sorry, pangit formatting)
(2)
We also need to research on:
- Prop 8 (Why it was banned; Why it was eventually approved.)
- Countries/ states that have rejected same-sex marriage and why.
(3)
Possible arguments of the Applicant (pro same-sex marriage) which we need to reb
ut:
- equality
- social justice
- discrimination
- times are a-changing
- no constitutional provision expressly disallowing it
If ever you want to research on something, please post your output (with sources
) in the Files Section. :) Also, if you have suggestions for our arguments, plea
se don't hesitate to post. :D
Thank you! :D