"Culturally, we are not ready for that”, DOJ Crispin Remulla says on SOGIE and Divorce Bill

Written By: Mariann Victoria Fernandez

The separation of church and state has always been a major issue in the Philippines. In fact, according to our constitution, Article II, Section 6, ‘the separation of church and state shall be inviolable.' This law must always be implemented in all countries in order to protect people’s rights from discrimination, violence, abuse, and injustice. Moreover, the Philippines has not yet legalized divorce, while on the other hand, annulment is legal. On a different note, SOGIE (Sexual Orientation, Gender Identity, and Gender Expression) serves as protection for all individuals, including heterosexuals. The SOGIE Bill serves as protection from discrimination and violence against one’s sexual orientation, identity, and expression. Meaning, the bill does not limit itself to the LGBTQ+ community; instead, it is for everyone.

Last November 2022, Justice Secretary Jesus Crispin Remulla said that we were not ready for SOGIE and same-sex marriage. His claims include the following; the Philippines is not culturally ready, national beliefs, and religious beliefs. This is where we apply the separation of church and state: if it were in fact a law, why do the authorities constantly create claims based on church and religion to justify the insignificance of passing a bill? If it was culturally insensitive, how would you explain the massive amount of discrimination and violence put against the LGBTQ+ community? I know for sure that discrimination and stigma are not part of our culture and tradition.

I have always recognized the opinion of the religious groups in the Philippines when it comes to these topics and issues; however, it’s time that we also recognize those who have been and are under a lot of discrimination. According to DOJ Remulla, ‘We are not ready for that, culturally.' He said this about same-sex marriage in the Philippines. The statement is very self-explanatory; he constantly mentions how same-sex marriage is against our culture and beliefs as a country. Why are we not ready to protect people? I can definitely see how they value our beliefs and religiously follow them, despite the fact that we extremely need to have the SOGIE Bill passed to protect all individuals. If we are to value our culture, we also need to value our people, because even Pope Francis showed support for the LGBTQ+ community and recognized the importance of same-sex marriage. In my opinion, they only make these religious claims to support and mask their inability to protect the nation and its people; this also proves that those who disagree with the SOGIE Bill are incompetent and unfair.

Meanwhile, Remulla has also stated his opposition to the Divorce Bill. Apparently, it is unacceptable, as we are a predominately Catholic nation. Aside from the Vatican City, we are the only country that does not legalize divorce. We already have annulment and legal separation, why not extend their range and pass the Divorce Bill? There are many reasons why we need to legalize divorce in the Philippines. First, divorce protects families. It provides protection and a solution to marriages that are broken, unhealthy, and abusive—not only for both parties but also for their children. This issue has always been an understatement because they looked at it as a threat that triggers the people—who promised in the name of the Lord to be with their partners for the rest of their lives—to commit an act against the church. However, there are valid grounds or reasons for the divorce bill; if you don’t want a divorce, then let those who want and need a divorce. Second, the Divorce Bill states that it implements the Anti-Violence Against Women and Children Act of 2004. This is crucial because one reason for divorce is physical violence. In the case of physical violence, it could not be applied to annulment because the grounds for annulment should have been present at the time of marriage or before. So in that case, if your partner physically abused you after you got married, you can’t file an annulment because that act did not exist even before your marriage, and you’ll then have to file for divorce. Failed marriage results in the mental, physical, and social struggles of both partners and children. We only have limited legal options; hence, we need to legalize divorce.

In the Philippines, the separation of church and state is not being performed by the authorities as well as by the people. Being a predominantly Catholic country is not a valid reason to reject such bills because they no longer protect the people and the nation; they're rather protecting their own beliefs.