Same-Sex Marriage: Exploring the Implications of Obergefell v Hodges on the Philippines’ Muslim Law of Marriage and the 1987 Constitution

  • Norhabib Bin Suod Sumndad Barodi Mindanao State University College of Law
Keywords: same-sex marriage, separation of powers, political question doctrine, equal protection clause, due process clause, Definition of Marriage, Separation of Powers, Political Question Doctrine, Due Process Clause, Equal Protection Clause.

Abstract

In view of the recent development brought about by the decision of the U.S. Supreme Court in Obergefell v. Hodges, jurisdictions that retain the traditional definition of marriage have sufficient reasons to revisit the concept of marriage under their own laws. This article is an academic effort to explore whether the traditional or historic definition of marriage adopted in the Philippines, as articulated in its Constitution and other pertinent laws like the Code of Muslim Personal Laws of the Philippines can withstand the new norm that Obergefell established in the legal system or constitutionalism of the United States. It attempts to project how the issue of same-sex marriage would be treated and decided in the Philippine context had it been an issue for which the Philippine legal system or constitutionalism is made to respond. This article emphasizes the incompatibility of the Obergefell decision with the Islamic definition of marriage and finds that the same decision is not entirely square with how the issue of same-sex marriage will be dealt with in Philippine constitutionalism.

Author Biography

Norhabib Bin Suod Sumndad Barodi, Mindanao State University College of Law

Assistant Professor at the Mindanao State University College of Law

Published
2017-12-31
How to Cite
Barodi, N. B. S. (2017). Same-Sex Marriage: Exploring the Implications of Obergefell v Hodges on the Philippines’ Muslim Law of Marriage and the 1987 Constitution. IIUM Law Journal, 25(2), 197-227. Retrieved from http://journals.iium.edu.my/iiumlj/index.php/iiumlj/article/view/307