Last week the United States Supreme Court by a vote of 5 in favor and 4 against ruled that same same-sex marriage is now allowed in all 50 States in the U.S.A.
Before the United States ruling, we also heard of the country of Ireland voting overwhelmingly to change their constitution to allow same-sex marriage.
Since most of our laws and legal decisions are based on laws in the United States, will the Philippines follow the U.S.A. example?
Basis of Ruling
The basis of the ruling is the equal protection of rights according the US Constitution.Â If there is a law against discrimination due to color of skin or physical disability, then the LGBT (Lesbian, Gay, Bi-sexual, and Transgender) should also be given their equal rights.Â They should be given the right to marry the person they love even if he/she is of the same sex.
Since a law is applicable to everyone, then it follows that â€œregularâ€ persons will also be allowed to have the same sex marriage.
Contradiction of Terms
By definition, marriage is a legal contract, entered into by a man and woman, to live together as husband and wife.Â The general purpose of marriage is procreation or to have children.
Since the same sex marriage could not produce children, it is not marriage in the strict sense of the word.Â The purpose is only love and other emotional attachments.Â In the same sex marriage you could not distinguish who is the husband or the wife.
Same-sex marriage should be called by another term in order to distinguish it from the regular marriage.
My recommendation is conjugal or connubial partnership.Â The conjugate means to join together.Â Each partner will be called â€œspouseâ€, which is applicable to a male or female partner.
Old Bisayan Culture
Our history books do not tell us how marriage was done prior to the Spanish era.Â The word kasÃ¡l comes from the Spanish word casar, which means to marry or join in wedlock.Â Strictly speaking our kasÃ¡l refers to the wedding ceremony performed by the Priest.
The Bisayan equivalent is the term mÃnyo.Â How to become a mÃnyÃ² is not yet discovered by our historians.Â What ceremony was done?Â There should be a ceremony (Bis: dÃ¡ygag) because living together without the dÃ¡yhag is lÃºon.Â We know that a mÃnyÃ² will consist of a bÃ¡na (husband) and asÃ¡wa (wife).Â In a lÃºon the partners are called bana-bÃ¡na and asÃ¡wa-asÃ¡wa.Â When the bÃ¡na and the asÃ¡wa will begin to live together, they become magtiÃ¡yon.Â (Base word: Ã¡yon = agree).Â In the lÃºon the partners will only be puyÃ²-pÃºyÃ².
In the old Bisayan culture there was also a variant of the concept of magtiÃ¡yon.Â It is the kurÃ¡ng.
A kurÃ¡ng is a homosexual to homosexual or lesbian to lesbian relationship where the two partners live together as magtiÃ¡yon or puyÃ²-pÃºyÃ².Â It is similar to what is now called same-sex marriage.Â We know that it was not recognized by the Spanish priests.Â But since the word existed, then we can say that the situation existed in olden times.
In places were the kurÃ¡ng was tolerated by the local community, the partners were called saliÃºbay.Â (Literally means â€œalways at the sideâ€).Â SaliÃºbay is similar to the English word â€œspouseâ€.
The word kurÃ¡ng is also applicable to a relationship where only one partner is gay or lesbian and the other is â€œnormalâ€.
Since a kurÃ¡ng relationship is considered abnormal, the partners are always subjected to the â€œpower of negative suggestionsâ€.Â Any sickness, be it real like the present day AIDS, or just psychosomatic due to mental suggestions, is called kurangrang.
Will We Follow the Americans?
If the Filipino legislators will pass a law to imitate the Americans, then the old practice of kurÃ¡ng will resurface.Â It still exists today but it is being talked about in whispers.