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MARRIAGE BETWEEN HOMOSEXUAL AND LESBIAN VALID?

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titay


Arresto Menor
Is the marriage between homosexual and lesbian valid? support your anwer Smile

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rchrd


moderator
They meet the requirement of being man and woman (although they are confused on their roles) so their marriage will be valid. The man who thinks he is the woman would soon get the woman pregnant and then would say "Haay, ako sana ang najuntis pero lumipat yung baby sa tatay niya." Rakenroll!! m5

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rchrd


moderator
THANKS MODERATORS FOR THE NEW FORUM FOR ACADEMIC DISCUSSIONS ONLY.

ARE MY ADVICES ON THE REAL SITUATIONS "PWEDE PA RIN"/"PWEDE NA RIN" OR SHOULD I LIMIT MYSELF ON POSTING HERE ONLY?

Sincerely thanking you and waiting for a reply. Rchrd

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euphoria


Arresto Menor
No they are not valid. It is one of the essential requisite in the family code that they be a man and a woman. One of the main reason why it is prohibited is that the married couples need to procreate which the homosexuals cannot do that is why the legislators prohibit such, not to discriminate, but to explain such purpose. Check the case of chi ming tsoi and the book of Sta. Maria 

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Arbiter


Arresto Menor
euphoria wrote:No they are not valid. It is one of the essential requisite in the family code that they be a man and a woman. One of the main reason why it is prohibited is that the married couples need to procreate which the homosexuals cannot do that is why the legislators prohibit such, not to discriminate, but to explain such purpose. Check the case of chi ming tsoi and the book of Sta. Maria 

The ability to procreate is not an essential requisite for the validity of marriage.

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euphoria


Arresto Menor
It is not one of the essential elements, yes i do agree with that, but what I'm trying to point out is the reason why jurisprudence deemed marriage by homosexuals invalid. 

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drumbeater79


Arresto Menor
The query posted is quite vague. I think it should be asked this way.. Is the marriage between a homosexual and a lesbian valid?

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ojodelaplata


Arresto Menor
euphoria wrote:No they are not valid. It is one of the essential requisite in the family code that they be a man and a woman. One of the main reason why it is prohibited is that the married couples need to procreate which the homosexuals cannot do that is why the legislators prohibit such, not to discriminate, but to explain such purpose. Check the case of chi ming tsoi and the book of Sta. Maria 

The fact is, Article 1 of the Family Code does not differentiate between a straight guy and a gay guy.Ditto with a straight woman and a lesbian.

A marriage between a homosexual and a lesbian is valid as long as it is between a man (the homosexual) and a woman (the lesbian).

If, however, the homosexual is also a woman, the marriage is void by virtue of the same article.

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isellnutson


Arresto Menor
It is valid since they're man and a woman. Marriage is between a man and a woman.

Procreation is the sexual activity between a man and a woman after marriage to have an offspring but it is not mandatory to have an offspring.

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tinkz


Arresto Menor
Yes, the marriage is valid. Mere sexual preference of the parties does not render the marriage void. One must look at the requisites for a valid marriage:

Essential requisites:
1. Legal capacity
2. Consent freely given in front of the solemnizing officer

Formal requisites:
1. Authority of the solemnizing officer;

2. A valid marriage license and

3. A marriage ceremony which takes place with the appearance of the contracting parties before the solemnizing officer and their personal declaration that they take each other as husband and wife in the presence of not less than two witnesses of legal age.

Provided that these requisites are present, the marriage is valid. Very Happy

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redpula


Prision Correccional
i concur with @tinkz answer, sexual role or gender preference is no where to be found in the essential and formal requisites of marriage, with regards to the invocation of ching ming tsoi case, it is the refusal of the respondent to consummate the marriage and not because of his sexual orientation.

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minority


Arresto Menor
...what is prohibited is marriage between two persons of the same sexes>>>>male and male; female and female,what do you mean with the use of the word homosexual???it pertains to gays or lesbians.....is it not so if the marriage is between a gay and a lesbian then it is valid so long as it will meet the other qualifications as provided for under the family code.... Very Happy ....

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yongski4217


Arresto Menor
valid

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cuddlybear


Arresto Menor
did my research.
valid.

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