m-a-r-r-i-a-g-e

It's been a while since i last wrote an entry...

Here I go again...

Earlier today, I had this mini-test in one of my law subjects (persons and family relations). Supposedly, (as what most of us presumed), the coverage was the entire Family Code. However, only a 7-item mini-test was given which embraced a tiny bit of the whole - "marriage". Honestly, the test was relatively easy, but one question for me was highly controversial, and worthy of argumentation.

QUESTION: Who are capable of contracting a marriage? Can a person who had a sex transplant be capable of contracting marriage?

tick... tick... tick... *blank stare*
So far, nothing in the books i've read has supplied any answer to such a question.
This, being i test, i need to take a stand.
So what's it gonna be???
Ting!
Thus, my take on such case...

We begin with the definition of marriage. What is marriage? As stated in Article 1 of the Family Code of the Philippines, Marriage is a special contract of permanent union between a man and a woman entered into life in accordance with law for the establishment of conjugal and family life. It is the foundation of the family and an inviolable social institution whose nature, consequences, and incidents are governed by law and not subject to stipulation, except that marriage settlements may fix the property relations during the marriage within the limits provided by this code.

Reiterating the provision, marriage is a contract, a union, between a MAN and a WOMAN.

In Article 2, as supplied, no marriage shall be valid, unless these ESSENTIAL requirements are present:
1. Legal Capacity of the contracting parties who must be a MALE and a FEMALE; and
2. consent freely given in the presence of the solemnizing officer.

Article 1 and 2 basically sums up the qualifications of individuals who may contract a marriage.

Now, the case to be dealt with talks about the capability of a couple to contract a marriage through a change of sex/gender, made possible by technological innovations, almost matching the power of the Supreme Being in creating the so-called MAN and WOMAN.

Clearly, the law of the Philippines does not allow same sex marriage. And the act of having a transplant perhaps is the only probable means by which same sex couples may take in order to live together and be in a union of marriage, legally.

I believe that once you've changed your sexuality and have undergone a transplant, you are deemed to be a person having a new sex, different from what you've had before. Thus, a man can eventually be a woman and vice versa.

Accomplishing such act achieves one end, that is, the same sex couple, now becomes a relationship of two different sexes, a union of a MAN and a WOMAN.

With that, their relationship can now be considered as one of having the right to contract a marriage, for it is vividly written in the law that the contracting parties must be a MALE and a FEMALE. The couple, although one has changed physical attributes, falls on that category and thereby such contract may be extended to them. They can validly and legally claim for a contract of marriage.

Many might and will contend that the grant of such right to similar cases would defeat the marriage law and its goals, but i think otherwise. Yes, marriage is geared towards the goal of the establishment of a conjugal and family life, but it is completely foolish to say that marriage can only be granted to those who are capable of multiplication of species. Resting on the idea that marriage is a form of offspring making or population building is absurd and insane. With that as a sole basis, we put other people in a disadvantageous position. What about the IMPOTENT, the HERMAPHRODITES, and THOSE WHO OPT TO NOT TO HAVE A CHILD? Yes, they possibly won't be able to contribute to such goal, but depriving them of the right of contracting a marriage would be highly unfair. What's essential is that they comply with the ESSENTIAL requisites, being a MAN and a WOMAN. Being able to give birth and reproduce is amazing, a spectacle, a gift, but to count it as a requirement for marriage? No way!!! it just can't be...

END...

There are lots of ways on how one person with legal knowledge may give judgment to such case, after all, people have different views and opinions. But, at the end of the day, it all boils down to how decisive you are in defending your stand, how willing you are to stick to what you believe in, and how strong your belief is. Argue your case and i'll argue mine.

=)