Philosophy Paper On Morality
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Philosophy Paper on Morality
Philosophy 1
On the Morality of Entering into a Baby-making Contract for Gay Couples and How it Applies to a Philippine Setting
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Philosophy Paper on Morality TABLE OF CONTENTS •
Abstract ◦ Topic Overview
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Introduction ◦ Morality and Ethics ◦ Wanted: Womb for Rent ◦ Homosexuality and Surrogacy in the Philippines
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Presentation of Arguments For and Against ◦ Unnatural Selection (Against Argument) ◦ For The People (For Argument)
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Group's Standpoint and Reiteration of Standpoint ◦ Biblical Morality and Moral Relativism: How They Coincide in a Philippine Setting
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Insights and Realizations ◦ Conclusion
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Philosophy Paper on Morality TOPIC OVERVIEW
This paper tackles the possible moral issues that come with entering a baby-making contract with a gay couple, using the following advertisement as a jumping-off point for discussion:
WANTED: Womb (Baby Maker for Gay Couples) “Homosexual and bisexual, a couple, both male, looking for young, pretty, single Filipina to bear child. Willing to pay P10, 000 a month and an additional P100, 000 when the child is born healthy. Applicant must submit herself to full medical check-up and undergo an IQ test. College degree not required. Conditions: Female to live in the same house but in separate room, unless otherwise required in order to produce the desired child. When not attempting to produce a baby, the surrogate mother must be willing to work as a domestic helper or secretary (depending on her qualifications). Free board and lodging. Must submit herself to monthly medical consultations and do personal chart in order to know fertile days. Must be willing to be wet nurse (and not breastfeed, due to separation from the child on day of birth) until the milk runs dry or for a maximum of three months after delivery, whichever comes first. Upon giving birth, the hopeful future mother of our baby will not be allowed to see the child forever. Serious offer. Contract to be signed with lawyers and notarian. We promise the applicant that the child will have a good education, college degree and a secure, comfortable life. Woman with twins in her family tree preferred. If twins, the final amount will be doubled, but not the monthly fee. Personal references will be Created on 8/28/2009 2:01:00 a8/p8
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appreciated. Biodata required. Kindly send color photo size5x7 inches (front, profile and full) and application letter plus other requirements with return address and telephone number to P.O. Box Number X. No prostitutes please.”
For our answers we have chosen to view the advertisement from a Filipino standpoint, mainly applying ethics found in religion as opposed to meta-ethics or applied ethics which is most commonly used in such topics. We have found this to be more fitting as Catholic and Islamic ethics affect the situation more, since they are the reasons behind the most prevalent viewpoints in the country. However we will also be tackling ethics in its other forms such as forms of consequentialism. By the end of this paper we hope to address the following points: 1. What makes this situation a moral issue. 2. Whether this situation is moral or immoral 3. Why it is considered that way. Supporting our findings is a mix of online research, personal interviews, e-mail correspondence and citations from published work and Church doctrine.
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Philosophy Paper on Morality MORALITY AND ETHICS
Derived from the Latin word “Moralitas”, Morality translates to “manner, character, and proper behavior”. It also has three primary meanings, making “Morality” refer to: a) A code of conduct or belief which is held to be the authority when it comes to what is right and what is wrong. b) An ideal code of belief and conduct as to what is right and what is wrong. c) A synonym to “Ethics”, which is the systematic and philosophical study of morals. These aspects make the concept of morality a complex system, one that is based on a mix of cultural, religious and philosophical beliefs. However, there is one thing that all three definitions agree upon. Morality defines what right and what is wrong. Since this is a philosophical discussion we will be using the second definition of morality and tying it in with the concept of Ethics1. Also called Moral Philosophy, Ethics addresses questions about morality, from how it should be determined, to how it can be achieved in specific situations, to how it develops and what moral values are still prevalent. In the situation that was given to us, there were a number of ethical concepts that came to light, the most common being ethics in Religion, particularly Christian and Islamic Ethics and Ethics in the Bible. This is, perhaps, due to the fact that most of the people in our country are either subscribed to one religion or the other and the prevalence of the Catholic mindset in the Philippines. Christian Ethics, as its name implies, tends to follow the Christian concept of what is good; carrying with it such concepts as the Seven Deadly Sins and the Seven Virtues. That is 1
In a recent group discussion we have agreed that Ethics and Morality are not directly synonymous. To us, Morality refers to an adopted code of conduct, while as Ethics points more towards the application of Morality.
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to say, Christian Ethics focus more on the moral philosophies of Jesus Christ and his apostles hence it has a different interpretation of the Bible as what can be found in Biblical Ethics. It also has a tendency to stress the need for mercy, grace and forgiveness because of “human weakness”. Saint Augustine and Saint Aquinas are two of the notable individuals who have reworked Greek Philosophy to fit the framework of this concept. Biblical Ethics, perhaps, the teachings that we are most accustomed to, albeit the details those listed down in the Old Testament are not given as much focus as those in the New Testament. There are wide ranges of moral teaching that can be found in the Bible, starting with the Pentateuch or Ten Commandments, to “Wisdom Literature” such as those found in the book of Proverbs and the book of Psalms, to the Jesus Tradition, the core teachings found in the New Testament. In Biblical Ethics, there is a slightly different reading of the Bible since the teachings of the prophets are given just as much importance as those of Jesus Christ and his apostles. Islamic Ethics took shape during the 7th century and was eventually established by the 11th century. It is viewed as the successful mix of Qur'anic teachings, the teachings of the Sunnah2 and the precedents of the Ulema, the educated class of Muslim legal scholars who engaged in various fields of Islamic studies. The characteristics of the Islamic Moral Code emphasize that good moral character is the foundation for strong faith and proper acts of worship. The aforementioned Moral Code being primarily guided by Qur’an and Sunnah3. Of course, these were not the only ethical concepts that were brought up during our Also known as the “Path of Muhammad” or the “Way of the Prophet”. This was taken from the statements of the Hadiths, companions of the prophet during that time. 3 The Sunnah both explains Qur’an as well as gives additional rules for guidance, hence its importance as a part of Islamic law. 2
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research; however they were the most prevalent. Among some of the other ethical concepts that were cited during our discussions were: •
Utilitarianism
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Moral Relativism We will go into further detail on the ethical principles and concepts involved when we
present our arguments later on.
'
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Philosophy Paper on Morality WANTED: WOMB FOR RENT
The advertisement that was given us asks whether or not the situation it implies is moral or immoral. However the fact that we are asked to do a paper on morality breeds another question that has to be addressed before we move on. What makes this situation a moral issue? From our research, we have managed to find several factors that may explain what makes this issue both a question of morality and a controversial topic. These are the following: a) The couple's gender b) Commercial surrogacy c) The requirements that the surrogate mother must meet d) Things that we are not made privy to in the ad In order to explain how these factors affect the topic of morality, it is best to dissect them one at a time. First off, we have the couple's gender. It's no secret that same-sex couples are viewed differently from heterosexual ones. A number of countries used to uphold sodomy laws which viewed homosexual behavior as a criminal act. Now we have one bisexual man and one gay man in a relationship seeking to have a child through the aid of a surrogate mother. Same-sex unions are still a topic for civil rights, political, social and religious issues in many western countries. While it is true that times change, the fact that many people still consider this type of relationship as unnatural immediately makes it a topic for debate. Second is the act of commercial surrogacy, in which a woman allows herself to be Created on 8/28/2009 2:01:00 a8/p8
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impregnated and to carry a child for another couple in exchange for money. This topic is just as debatable as abortion. What was once purely the role of a wife is now being given to the most qualified candidate to carry a couple's offspring. While as carrying a child is not a sin, the fact that the child will be virtually “sold” by its biological mother upon being born makes it questionable as to whether or not it's morally right. This issue, coupled with the thought of a gay couple wanting a child to raise as their own already raises red flags. The act of commercial surrogacy is also more than just a religious matter. The fact that it has suddenly become so popular means that here in the Philippines, we have virtually no written laws either for or against it. A surrogate mother can and may be exploited easily due to the lack of laws to guide and facilitate the arrangement, and from the requirements of the ad, it already feels that way. Third, we have the requirements that the woman has to meet in order to be an eligible surrogate. Although the conditions listed in the ad are mostly reasonable, we have found that some of our interviewees are made uncomfortable by particular stipulations. In dissecting the advertisement, we find that the applicant should be: a) smart b) disease-free c) willing to carry the couple’s child for nine months d) willing to live with them during the time of her pregnancy e) willing to work for them either as a domestic helper or a secretary during this period f) willing to wet nurse for the child g) willing to give up all her rights with regards to the child Created on 8/28/2009 2:01:00 a8/p8
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h) is not a prostitute While as most of these requirements are relatively fair, what makes some interviewees uncomfortable is the fact that the woman will be made to work as a domestic helper or a secretary aside from being a surrogate mother. The P10, 000 a month that was originally offered in exchange for being a surrogate becomes a monthly wage for a household worker. Sperm donors in the United States are compensated by being given $100 per sample 4. That’s approximately P5000 per sample. These men have to undergo the same tests in order to be eligible to donate sperm; sperm that they can donate once or twice a week. They have to reach a certain I.Q. level, they have to be disease free, and they can earn more than P10, 000 a month without having to carry a child in their belly or double as a housemaid or secretary. Why the double standard? Another thing is that women with the same qualifications in India get $2,500 to $6,500. That’s P125, 000 to P325, 000 with all expenses paid. Why do women in another 3rd world country get more without having to work as a domestic helper? Another requirement that people are uncomfortable with is that the woman will have to surrender all of her rights as the child's biological mother. What if the child wants to know how he or she was conceived? Would his parents then have to lie? And what if the child wants to see his or her biological mother? This brings us to the final issue regarding things that are not mentioned in this ad. Keep in mind that the ad does not, in any way, tell us exactly how the child will be brought up, what happens if the mother miscarries, how the conception will be done, the minimum age requirement for the mother or anything of the sort. It’s also not mentioned whether or not 4
Found in a recent article from Count on News 2, a news website based in Charleston, South Carolina.
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the couple will be covering the costs of the monthly check-ups that the woman must go through. Also, what about the chances of psychological trauma? If the surrogate mother goes through post-partum depression, will the couple cover the expenses of the psychiatric treatment? There are a lot of questions that can help pinpoint as to whether or not this situation is a moral issue that remain unanswered. Hence, we are only left to assume the best or the worst possible outcome for the arrangement.
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HOMOSEXUALITY AND SURROGACY IN THE PHILIPPINES To date, these are two of the hottest topics that can be found not just in the country but all over the world. Although the concept of homosexuality is treated with a sense of indifference in the Philippines, its view is rather skewed. When we hear the word “bakla”, what immediately comes to mind are actors like Roderick Paulate. We think of men who are flamboyantly gay and presented by the media as comedic relief. But no one wants to talk about Rustom Padilla. When we think of gay men in the Philippines, we think of Tito, Vic and Joey skits, or Dolphy wearing a bra. Very rarely is the immediate image that is brought to us that of two men having intercourse and when it is, the immediate translation of it is that it is immoral and taboo. Lesbians, on the other hand, are an entirely different affair. At least as far back as Ancient Greece, the poet Sappho was the most famous adherent for non-platonic relations between two women. More recently, thanks to Katy Perry's song “I Kissed a Girl”, a woman having a relationship with another woman is once again treated as perfectly acceptable, as long as they are both attractive. Lesbianism has been romanticized by media, especially among the youth, with Britney Spears kissing Madonna and anime` showing that Shojo Ai 5 is normal. However even in their portrayal in the media, they are heavily romanticized. Butch 6 lesbians are rarely given focus upon, and when they are, are portrayed as brusque, Amazonlike women for comedic relief. No one in the Philippines likes being serious about homosexuality, much less talk
5 A strong intimacy in female friendship 6 Lesbians are usually stereotyped into two particular categories, namely “Butch” or masculine types and “Femme” or feminine types.
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about a gay couple wanting a child. Most of this stems from the fact that we have a very macho7 culture. The image of masculinity that we are used to is that our men drink, fraternize and womanize. The sudden emergence of the metrosexual man alone has lowered the bar for what is defined as 'macho', while at the same time inspires certain men to overcompensate for their lapsed brethren. Commercial surrogacy, on the other hand, is something that no one wants to talk about, period. In the past we have had child-trafficking, drug-trafficking and recently, even organ-trafficking. This makes the act of renting out a woman's womb for a few thousand pesos a concept that is hard to deal with. Even though it is prevalent, the fact that it suddenly rose to such popularity, with foreign couples hiring Filipinas to be surrogate mothers for their children, just leaves people stunned and silent. Although there are a number of “agencies”, both legal and illegal that aid couples in finding surrogates, they are rarely talked about unless they visibly go against the law. The main cause of this is our own concept of “hiya”. What we find shameful, even though some of us are willing to do, is best left unsaid. One of the biggest factors that affect our opinion on both topics, however, is Catholicism and Islam, the two most prominent religions in the country. With concern to the ethical code found in both religions, both homosexuality and commercial surrogacy is forbidden. Even though it is arguable that a vast number of Filipinos are non-practicing Catholics or open-minded Muslims, no one wants to incite a war against religion. These topics aren't brought up for a number of reasons, from angering would-be voters to inciting a Holy War. Although this does sound extreme, just think of what it means if the Vatican 7 Machismo in the Philippines was heavily influenced by colonizers, particularly the Spanish, although it's uncertain if it was popular even before their arrival.
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announced that they allowed same-sex marriage. How many sects of Christianity from Iglesia ni Cristo to Aglipayan to Mormons would have to change their ethical stands providing that they even agree? How many legal documents would have to be changed and rewritten, new laws that would have to be passed to cover the rights of married same-sex couples? It is factors like these that make gender-neutral couples more than just a religious issue. The rules regarding surrogacy are almost as difficult to make or change, primarily because of its sudden popularity. If the Catholic Church were to allow commercial surrogacy then they would also have to allow artificial insemination, in vitro fertilization, birth control and in the long run, even abortion. This is why even if we argue that a good amount of Filipino citizens do not pay much attention to religion and religious debates, it doesn’t mean that the rules can just be changed. The amount of vehement protestors willing to make their voices heard still carry more weight than the apathetic, and these protestors are just enough so that no politician wants to contradict them.
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Philosophy Paper on Morality UNNATURAL SELECTION “Dios ko po anu ba yan? Diba sila natatakot sa Diyos?”
- “Manang”; Kier and Martin Serrano's Domestic Helper In order to understand why monotheistic religions consider the act of homosexuality as taboo, it is first important to understand their viewpoint regarding sex. Since Abrahamic religions8 all consider the first five books of the Bible as canon, they all share the same initial view regarding copulation. That it is an act of consummating the marriage between a man and a woman, and that it should unite the couple emotionally and physically as well as be welcome to the thought of bringing new life into the world. Within the Humanae Vitae, the Encyclical Letter by Pope John Paul VI on the Regulation of Birth, made public on July 25, 1968, we find this particular quote: #12 - “Union and Procreation - marriage is about man and woman and the purpose of marriage is sex (union) and having children (procreation). "This particular doctrine, often expounded by the magisterium of the Church, is based on the inseparable connection, established by God, which man on his own initiative may not break, between the unitive significance and the procreative significance which are both inherent to the marriage act. The reason is that the fundamental nature of the marriage act, while uniting husband and wife in the closest intimacy, also renders them capable of generating new life—and this as a result of laws written into the actual nature of man and of woman. And if each of these essential qualities, the unitive and the procreative, is preserved, the use of 8 Christianity, Judaism and Islam.
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marriage fully retains its sense of true mutual love and its ordination to the supreme responsibility of parenthood to which man is called. We believe that our contemporaries are particularly capable of seeing that this teaching is in harmony with human reason. " Of course the story of Adam and Eve in the garden as the ancestors of the human race isn't the only basis for this view. Also found in the Book of Genesis is the story of Sodom and Gomorrah and of Lot, whose family was saved from the destruction of the two cities. Within the Bible it states: Genesis 19:4, 5: “The men of Sodom ... surrounded the house, from boy to old man, all the people in one mob. And they kept calling out to Lot and saying to him: ‘Where are the men who came in to you tonight? Bring them out to us that we may have intercourse with them.’” This passage in the bible along with its subsequence on the fate that befell the two cities emphasizes that homosexuality alone is already a sin hence the terminology “Sodomites” for those that practice homosexual acts. Also found in the book of Leviticus is the following passage, 18:22: “You must not lie down with a male the same as you lie down with a woman. It is a detestable thing.” Some of the teachings that they have pointed out include the following quote from the Catechism of the Catholic Church: #2357 - "Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Created on 8/28/2009 2:01:00 a8/p8
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Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity, tradition has always declared that "homosexual acts are intrinsically disordered." They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved. It is not only within the Catholic Church and Biblical Ethics that homosexuality is considered as taboo. Upon interviewing members of the Muslim faith, we learn that even by the teachings of Mohammad and Allah, it is considered as “haraam” or forbidden. To quote a hadith from the Prophet: “Whoever gratifies his sexual urge with another (individual} of his own sex, the Almighty will not so much as look at him.” In fact Islam is much less tolerant about homosexuality than the Catholic faith for the Prophet also has this to say: “'Kill the one who commits sodomy and the one to whom it is done.“ It wasn't only within the teachings of Mohammad that the act of homosexuality was touched upon. From Abdullah Yusuf Ali's 1934 translation of the Qur'an we have this passage with regards to the people of Sodom and Gomorrah: “For ye practise your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds.” Homosexuality is considered taboo because it is, as a sexual act, sterile. Even without taking into account the Biblical Ethics regarding sex, the simplest form of reasoning is that if Created on 8/28/2009 2:01:00 a8/p8
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it was meant to be done then it would be possible so that the act of consummation between two men could still produce offspring. Even if we argue that homosexual acts were prevalent throughout various species in the animal kingdom, the fact that we are human beings gives us the gift of reason. We are above mere animals. To act like them makes it an act of immorality. Aside from Biblical passages, verses from the Qur'an and those found within the Sunnah of Mohammad, there is also the fact that homosexual acts leave you more open to receive and transmit such diseases as AIDS, gonorrhoea, syphilis, and hepatitis B9. Of course, homosexuality is not the only thing that makes this advertisement a symbol of immorality, as we also have the would-be surrogate mother involved. As we have mentioned before, according to Biblical Ethics, the act of marriage must be open the thought of bringing in new life. This is what makes sex between husband and wife sacred. Even though the writers and the editors of the Bible did not have the foresight to consider the existence of test-tube babies and in-vitro fertilization, it still has this to say regarding the matter, in Psalm 27:3: “Sons are a heritage from the LORD, Children a reward from him.” From this passage, we must take into account that children are viewed as “gifts from God” and not as a right. It further implies that there a divine reason as to why some couples, despite being heterosexual do not bear children. Within Genesis, Chapter 16, we are also given the story of Abram and his wife, Sarai, 9 The fact that homosexual sex is done through anal intercourse makes the couple less likely to use a condom since neither of them will get pregnant. This makes the transmission of sexual diseases more common.
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who could not bear him a son. For compensation, because she could not fulfil her duty as a wife, she gave Abram her slave, Hagar, to act as a surrogate mother. This was considered as common practice at the time because childless women were looked upon with shame. What we may learn from Hagar's story is that the role of a surrogate mother can cause heartache and confusion. Although this is the only thing that the Bible can be quoted upon regarding surrogacy, the Catechism of the Catholic Church follows with this: #2377 - “Techniques involving only the married couple (homologous artificial insemination and fertilization) are perhaps less reprehensible, yet remain morally unacceptable. They dissociate the sexual act from the procreative act. The act which brings the child into existence is no longer an act by which two persons give themselves to one another, but one that "entrusts the life and identity of the embryo into the power of doctors and biologists and establishes the domination of technology over the origin and destiny of the human person. Such a relationship of domination is in itself contrary to the dignity and equality that must be common to parents and children."168 "Under the moral aspect procreation is deprived of its proper perfection when it is not willed as the fruit of the conjugal act, that is to say, of the specific act of the spouses' union . . . . Only respect for the link between the meanings of the conjugal act and respect for the unity of the human being make possible procreation in conformity with the dignity of the person." And this to say: #2379 - “The Gospel shows that physical sterility is not an absolute evil. Spouses who still suffer from infertility after exhausting legitimate medical procedures should unite Created on 8/28/2009 2:01:00 a8/p8
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themselves with the Lord's Cross, the source of all spiritual fecundity. They can give expression to their generosity by adopting abandoned children or performing demanding services for others.” We can therefore surmise that there are two main reasons behind why surrogacy can be deemed as immoral: 1. Because the act of it goes against Biblical teaching, implying that a couple, whether homosexual or heterosexual has the “right” to have a child if they are not gifted with one. 2. Because it is considered as a selfish act. Considering the number of children that are “unwanted” and left in orphanages and in foster care, why is it so hard to just adopt if you have so much love to give? Of course, this is in traditional surrogacy. In commercial surrogacy, there is another element involved: money. The fact that a woman will be renting out her womb and giving her egg cell in exchange for payment makes the act even more selfish. The only reason that commercial surrogacy is not considered as child trafficking is because, in such a case, the child has not yet been born. But aside from that, what makes it so different? Someone is being sold off. What is worse is that they do not even have any knowledge of what is happening to them. Even though the act of adoption brings about complications of its own, there are, at least, ways to make sure that the child will be cared for. Hopeful parents, whether homosexual or heterosexual go through intensive background checks before being approved. It's more reassuring than a statement in an advertisement saying that the child will be cared for. Created on 8/28/2009 2:01:00 a8/p8
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Philosophy Paper on Morality FOR THE PEOPLE
“It's the flock, the grove, that matters. Our responsibility is to species, not to specimens; to communities, not to individuals.” - Sara Stein, Noah's Garden, 1998. It is possible to view this situation without religion playing a part in it, however, as although every religion comes with its own moral code, morality and ethics can be practiced without it. In the beginning we defined morality primarily as a code of conduct adopted in order to define what is right and what is wrong. Since Ethics is a philosophical concept, there are views regarding it that are not directly linked to religion. Going by this train of thought, the advertisement does not have to immediately be viewed as immoral, primarily, because it is not connected with anything religious. Therefore, in turn, religion has no absolute authority. The gay couple are not married, the Filipina woman that they are looking for is not required to be Catholic or Muslim or subscribed to any other religion, for that matter, and there is no mention as to whether or not the child that they will be raising will be submitted to any monotheistic religion. If those two issues are eliminated as factors as to whether or not it is moral then we are left to answer the questions: 1. Does the situation listed down in the advertisement hurt anyone? 2. Does it greatly affect people who are not directly involved? 3. Does it harm society as a whole? This can be viewed from a utilitarian perspective because we are nominally a democracy, with the interests of the people at heart. Although utilitarianism is commonly Created on 8/28/2009 2:01:00 a8/p8
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translated as what is good for the most number of people is the greatest good, if taken from a logical conclusion, then what is not harmful to the most number of people cannot be considered wrong or immoral either. To quote Jeremy Bentham in An Introduction to the Principles of Morals and Legislation: “By utility is meant that property is any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness(all this in the present case come to the same thing) or (what comes again to the same thing) to prevent the happening of mischief, pain, evil or unhappiness to the party who whose is considered: if that party be the community in general, then the happiness of the community; if a particular individual; then the happiness of that individual.” Answering the aforementioned from a utilitarian perspective, the answer to all three is no. Try and view each of them logically. 1. The situation listed down does not harm anyone because the dealing is only between two parties, the couple and the surrogate. If the surrogate felt threatened or exploited by the ad then she would not need to apply. Also, in the advertisement, there will be the use of legal documents. If it violated any human rights as set forth by the Universal Declaration of Human Rights by the United Nations, then it would be known. We also cannot argue that the decision of the two parties harm the child because we do not know: a) If the procedure will be a success. This is only an advertisement, we are not made privy to how the conception will occur or if it will be successful. There is nothing to Created on 8/28/2009 2:01:00 a8/p8
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judge regarding the child's welfare because there is no child to begin with. b) If children with same-sex parents will be subjected to the same discrimination or prejudices that are being applied now. The child has approximately a decade to understand the nature of his or her existence. Who is to say that our biases will be kept by the next generation? This situation can also not be compared to child trafficking because there is, first and foremost, no child to be trafficked. In the process of surrogacy, both the man who gave sperm and the woman whose egg will be used are the biological parents. The child belongs to them. 2. Again, there are only three people directly involved: the bisexual male, the homosexual male and the would-be surrogate mother. Anyone who is not directly involved in the transaction cannot claim to be affected, only offended by its implications. And even then, not everyone who is subscribed to a particular religion shares the same viewpoint regarding the situation. If the majority of people are not directly affected, then they have no justification to stop it. 3. This is something completely open to debate but only if you take religion into account. Remove the religious viewpoint and it actually helps certain people. There is more good being done than harm. A childless couple, thanks to scientific breakthroughs, now have the means to have a child that is at least half theirs genetically and a possibly unskilled and unemployed woman has another means of income available to her. Utilitarianism focuses on what is good for the majority of the people and opts for the least amount of pain and suffering. If commercial surrogacy brings happiness without Created on 8/28/2009 2:01:00 a8/p8
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inflicting pain greater than or equal to the happiness brought then it is good. To quote John Stuart Mill, English Politician and Philosopher: “In this age, the mere example of non-conformity, the mere refusal to bend the knee to custom, is itself a service. Precisely because the tyranny of opinion is such as to make eccentricity a reproach, it is desirable, in order to break through that tyranny, that people should be eccentric. Eccentricity has always abounded when and where strength of character has abounded; and the amount of eccentricity in a society has generally been proportional to the amount of genius, mental vigor, and moral courage which it contained. That so few now dare to be eccentric, marks the chief danger of the time.” The problem with this situation is that it's stuck in the Philippine setting, and a majority of Filipinos, being unwilling to facilitate any meaningful change that involves going against religion is pushed into this backwards mentality that sees an innovation of science as sin. We are limiting ourselves based on what have been written centuries and even millennia ago. If those who had written the Bible and Qur'an were unable to foresee these developments then what gives them right to speak against it? There is almost no mention of any scientific data in the Bible, and the facts regarding the world that were written in them are very limited and usually incorrect. Basic geography, astronomy and geology are all unheard of. If the Bible makes no mention of science then what right do people have to use it as justification to forbid new developments? The Bible has been historically used to prevent reforms that would benefit the greater good to benefit humanity. Women’s' rights, abolition of slavery, heliocentric theory, evolution and modern geology were all opposed in their times by opponents who used the Bible and Created on 8/28/2009 2:01:00 a8/p8
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similar holy books as basis for their arguments. The Bible in itself is very anti-utilitarian, the Old Testament, in particular. It favors a “chosen people”, obviously a minority and condones acts of harm committed in varying degrees of force against a majority, for the benefit of same. What is viewed as a sin in monotheistic religions can also be viewed as another step towards scientific enlightenment. If we are so quick to accept semi-miraculous treatments for Cancer and AIDS then why are we limiting ourselves and the rest of the human race from advancing on the say-so of a vocal minority? Shall we be like the Jehovah's Witness' who forbid blood transfusions amongst their own kind because they see it as an act of cannibalism10? Not all of us are given the ability to bear children, this is a fact even for heterosexuals and not all women want a child of their own, even if they are perfectly capable of doing so. If a woman is willing to and can lend her womb for a time and is compensated for it, and if a same-sex couple is willing to raise a child and make sure that he or she is well provided for and will be loved as their own, then how is it wrong? The Dark Ages ended more than five hundred years ago. We do not need to succumb to the same prejudices and misconceptions that a great many of our ancestors did their best to stamp out.
10 Based on the Jehovah's Witness' interpretation of the Old Testament.
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BIBLICAL MORALITY AND MORAL RELATIVISM: HOW THEY COINCIDE IN A PHILIPPINE SETTING Before we give our group's standpoint, we would like to introduce two more ethical concepts that are applicable to this situation: Moral Relativism. Within moral relativism, what can be defined as “morally right” depends on social, cultural or historical circumstances. For example, up until the 1960s, tribes in Papua, New Guinea practiced ritual cannibalism. To these tribes, eating the flesh of the dead was a form of respect. By partaking of their flesh, they believed that their fallen comrade would be with them forever. Although cannibalism is frowned upon in most parts of the world, to this tribe, the act of it being moral or immoral is relative. In moral relativism, what is moral to a particular place or time in history is not necessarily viewed as moral in another culture, country or setting. Now, as we have mentioned before, one of, if not the most popular standpoint in the Philippines is Biblical Ethics, which is against both same-sex couples and surrogacy. This is also the standpoint that we are taking as a group. We consider the implications of the advertisement immoral, and here is why. Aside from what we have stated in our argument, Unnatural Selection, we must also take into account the members of the country that are non-practicing Catholics, Agnostic, Atheists, Deists and open-minded Muslims. We can therefore look at our group standpoint from two more views, moral relativism and ethical egoism. Looking at the situation from a morally relative standpoint, we must take into account the history, social and cultural circumstances. In the past we have been subjected to more Created on 8/28/2009 2:01:00 a8/p8
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than three hundred years of being colonized by the Spanish, more than 50 years under the American and a relatively short period under the Japanese. Before this, we freely traded with the Chinese and openly welcomed Muslim brethren from nearby islands. None of these foreign influences accepted homosexuality as being “natural” or “acceptable”, unless you count the minute strain of Hinduism that came along with China and Japan. Karel Capek's definition of Moral Relativism hence becomes the most applicable in this situation. He states that: “Relativism is neither a method of fighting, nor a method of creating, for both of these are uncompromising and at times even ruthless; rather, it is a method of cognition. “ These viewpoints continue until now because we are a predominantly Catholic country. Even though we have adopted Catholicism in such a way that there are a number of native influences that can be found within it, we still hold a number of the same traditions and beliefs as the original faith. Filipinos are known for being docile, at least culturally. Even if we argue there were various revolutions, the decades of repression between them dwarf the combined uprisings. Our respect and fear of the Church is entrenched in the Philippine psyche due to three hundred odd years of being effectively run by the Church rather than the colonial government. Coupled with our reluctance for confrontation, this makes it difficult to contradict anything that the Church labels as taboo. Thus, what the Church has deemed as “immoral” is viewed as immoral by the bulk of the country, particularly the working middle class who make up the decisive voting bloc. A voting bloc that has to be wooed by politicians who want to be in power. If you remember the importance of Radio VERITAS and Cardinal Created on 8/28/2009 2:01:00 a8/p8
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Sin in the first People Power that put Corazon Aquino into office, and the roles that they played, then this is a prime example. Even if we try to take this from a utilitarian standpoint, the facts of the matter remains that we would much rather stay in our comfort zones and have the Church decide. Even if we had our own opinions, we are more used to keeping quiet about them. Utilitarianism as a part of democracy is overlooked in favor of a vocal, if somewhat influential minority. We are used to the Catholic Church, we have grown up with its teachings, we learn it from our parents and its ideologies are taught to us from grade school to college. It is the standpoint that we are most accustomed to, hence we question whether or not the others out there are worth switching to. We stick to what we know. What makes us, as a group against this situation is easy to sum up, though, through common sense. The happiness of this couple can be achieved through adopting a child already born but did not receive the love that its biological parents should or could have given. The woman can find a couple that does not require her to be a domestic helper, or if she was really interested in having a child, a husband. There is something else that this couple did not seem to keep in mind when they put out this ad. The only things Filipinos insist that are morally wrong, are the things that we know about. We turn a blind eye to certain transgressions as long as they are kept silent. It's in our mentality.
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Philosophy Paper on Morality CONCLUSION
Our final standpoint for our paper and the ideologies behind our argument is best summarized through the following interview with Fr. Greg Gaston, Head of Family Life Ministries of the Philippines. In our correspondence, he says: “The family is the basic unit of society and in our case, if the Filipino family is destroyed the Philippine Society will follow suit. We have to protect and strengthen the family, both through personal initiatives or by helping our government to do so. This is not the sole responsibility of the Church, but of civil society as a whole. In the Encyclical Letter of the late Pope John Paul II, Familiaris Consortio I, he described that the family in the modern world is beset by the many profound and rapid changes affecting society and the culture. Although there are still many who are trying to be in fidelity to the values that constitutes the foundation of the institution of the family, others have become uncertain and bewildered over their role or even doubtful and almost unaware of the ultimate meaning and truth of the family life. Today, some sectors of our society are even wishing to re-define the concept of a 'family' to include (with equal legal status as the traditional father-mother-children family) same-sex unions with or without adopted children, single parenthood, multiple partnership and even adopting marriage with animals. They want those to be accepted as variations within family structure; adultery, divorce, pre-marital sex and even other forms of sex for the sole purpose of achieving pleasure. In the Encyclical Letter to Pope Paul VI Humanae Vitae, it clearly stated that the stand of the Church have not and will not change its teachings on marriage, that it will only be Created on 8/28/2009 2:01:00 a8/p8
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exclusively be done on a man and a woman and become pro-creator of God. Through conjugal or marital act which have two foundations: the biological or procreative function and the spiritual or unitive functions. So, in conclusion, we can say that Gay marriage and surrogate parenting can never be acceptable in our society, which are still a God-fearing and family loving people. we must intensify our efforts to protect our concerning families even as we continue to take advantage of all the scientific and sociological data we can gather, to destroy any misconceptions on the true meaning of the family.”
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Philosophy Paper on Morality REFERENCES “Adzakael”. Personal Interview. 18 August 2009 Al-Munajjid, Muhammed Salih. “Renting Wombs is Haraam”. Islam Question and Answer. 31 May 2009. 21 August 2009.
Allis, Trevor. “The moral implications of motherhood by hire”. Issues Med Ethics Jan-Mar 5.1 (2007). 21 August 2009 Amaro, Fr. Vincente R. Personal Interview. 18 August 2009. “Aquinas' Moral, Political and Legal Philosophy”. Stanford Encyclopedia of Philosophy. 2 December 2005. 20 August 2009. Balagat, Lorelaine. Personal Interview. 17 August 2009. Cameron, P. and Cameron, K., "Homosexual Parents," 757-66; P. Cameron and K. Cameron, "Homosexual Parents: A Comparative Forensic Study of Character and Harms to Children" Psychological Reports 82 (1998): 1155-91 Carandang, Cristina. Personal Interview. 20 August 2009. Contreras Jeus L. Personal Interview. 19 August 2009. Cook, Martin L.”Reproductive Technologies and the Roman Catholic Church”. Santa Clara University. 7 July 2009. 20 August2009. Corvino, John. “The Truth About Gay Adoption”. The New Your Times. 2 February 2009. 17 August 2009. Crabtree, Vexen. “The Battle Between Monotheism and Homosexuality”. Bane of Monotheism. December 14, 2008. 17 August 2009. Cruz, Paolo. Personal Interview. 18 August 2009 “Debate: Surrogate Mothers”. Debatepedia. 10 June 2009. 20 August 2009. "Definition of Morality." AllAboutPhilosophy.org. 11 July 2009. 17 August 2009. “The Definition of Morality”. Stanford Enclopedia of Philosophy. 11 February 2009. 17 August 2009.
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“Fertility Treatment: Surrogacy”. BabyCenter Philippines. June 2007. 16 August 2009. Gaston, Fr. Greg. Personal Interview. 21 August 2009. “Gay Marriage”. Catholic Answers, Inc. 2004. 17 August 2009. Gross, Jane. “New Challenge of Youth: Growing Up in a Gay Home”. The New Your Times. February 11, 1991. 17 August 2009. Incadela, Joseph M. PhD. “The Catholic Church and Surrogate Motherhood”. The American Surrogacy Center. May 1998. 20 August 2009. Johnson, Fr. Timothy. “Re: Gay Marriage & Commercial Surrogacy”. E-mail to Samantha Salazar. 27 August 2009. Kay, Prof. Charles D. “Varieties of Egoism”. Ethical Theories. 22 December 1998. 18 August 2009. KGW. “Well-paid sperm donations up during slumping economy”. 6 April 2009. Count on News 2. 23 August 2009. http://www2.counton2.com/cbd/news/money_squeeze/article/wellpaid_sperm_donations_up_during_slumping_economy/23190/ Lawis, Juanito. Personal Interview 20 August 2009. City Councilor of Antipolo. Malate, Cristina Grace Dy. Personal Interview. 20 August 2009. Meinke, Sue A. “Surrogate Motherhood: Ethical and Legal Issues.” National Reference Center for Bioethics Literature. 1984: 2-3. Mendez, Celestino Jr. Personal Interview. 19 August 2009 Mill, John Stuart. Utilitarianism. Ed. Steve Thomas. eBooks@Adelaide. South Australia. 2009.
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“Moral Relativism: A Critical Look at Moral Relativism”. 23 December 2007. 30 August 2009. New Jerusalem Bible, standard ed. Henry Wansbrough, ed. New York: Doubleday Religion.1999. Punzalan, Pamela. Personal Interview. 17 August 2009 Pope John Paul II. “Catechism of the Catholic Church”. Vatican Library. 1997. 16 August 2009. Pope Paul VI. “Humanae Vitae – Encyclical Letter of His Holiness Paul VI on the regulation of birth”. Vatican Library. 25 July 1968. 20 August 2009. Pyton, Elizabeth. "Is Surrogate Motherhood Moral?" The Free Library. 01 September 2001. 27 August 2009 . Quinn, Maria. “Bringing Up Baby.” Unleashed. 8 May 2009. 20 August 2009. Reyes, Chino. Personal Interview. August 18, 2009 Robless, Raissa. “Womb for Hire”. Newsbreak: Independent Journalism. 15 June 2009. 18 August 2009. Rychlak, Ronald J. “The Unintended Consequences of 'Same Sex Marriage'”. Inside Catholic. 02 May 2008. 20 August 2009. Santos, Fr. Carlos S. Personal Interview. 22 August 2009 Santos, Kristine. Personal Inteview. 17 August 2009 "surrogate mother." West's Encyclopedia of American Law, edition 2. 2008. The Gale Group 27 Aug. 2009 http://legal-dictionary.thefreedictionary.com/surrogate+mother Tariq, Mikhail Juma. “Islam and Homosexuality”. A Brief Introduction to the Muslim Faith. 4 May 2009. 16 August 2009. Teng, Rachel. Personal Interview. August 17, 2009 Wikipedia. 23 August 2009. Wikimedia Foundation, Inc. 26 August 2009.
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Philosophy 1
On the Morality of Entering into a Baby-making Contract for Gay Couples and How it Applies to a Philippine Setting
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Philosophy Paper on Morality TABLE OF CONTENTS •
Abstract ◦ Topic Overview
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Introduction ◦ Morality and Ethics ◦ Wanted: Womb for Rent ◦ Homosexuality and Surrogacy in the Philippines
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Presentation of Arguments For and Against ◦ Unnatural Selection (Against Argument) ◦ For The People (For Argument)
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Group's Standpoint and Reiteration of Standpoint ◦ Biblical Morality and Moral Relativism: How They Coincide in a Philippine Setting
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Insights and Realizations ◦ Conclusion
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Philosophy Paper on Morality TOPIC OVERVIEW
This paper tackles the possible moral issues that come with entering a baby-making contract with a gay couple, using the following advertisement as a jumping-off point for discussion:
WANTED: Womb (Baby Maker for Gay Couples) “Homosexual and bisexual, a couple, both male, looking for young, pretty, single Filipina to bear child. Willing to pay P10, 000 a month and an additional P100, 000 when the child is born healthy. Applicant must submit herself to full medical check-up and undergo an IQ test. College degree not required. Conditions: Female to live in the same house but in separate room, unless otherwise required in order to produce the desired child. When not attempting to produce a baby, the surrogate mother must be willing to work as a domestic helper or secretary (depending on her qualifications). Free board and lodging. Must submit herself to monthly medical consultations and do personal chart in order to know fertile days. Must be willing to be wet nurse (and not breastfeed, due to separation from the child on day of birth) until the milk runs dry or for a maximum of three months after delivery, whichever comes first. Upon giving birth, the hopeful future mother of our baby will not be allowed to see the child forever. Serious offer. Contract to be signed with lawyers and notarian. We promise the applicant that the child will have a good education, college degree and a secure, comfortable life. Woman with twins in her family tree preferred. If twins, the final amount will be doubled, but not the monthly fee. Personal references will be Created on 8/28/2009 2:01:00 a8/p8
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appreciated. Biodata required. Kindly send color photo size5x7 inches (front, profile and full) and application letter plus other requirements with return address and telephone number to P.O. Box Number X. No prostitutes please.”
For our answers we have chosen to view the advertisement from a Filipino standpoint, mainly applying ethics found in religion as opposed to meta-ethics or applied ethics which is most commonly used in such topics. We have found this to be more fitting as Catholic and Islamic ethics affect the situation more, since they are the reasons behind the most prevalent viewpoints in the country. However we will also be tackling ethics in its other forms such as forms of consequentialism. By the end of this paper we hope to address the following points: 1. What makes this situation a moral issue. 2. Whether this situation is moral or immoral 3. Why it is considered that way. Supporting our findings is a mix of online research, personal interviews, e-mail correspondence and citations from published work and Church doctrine.
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Philosophy Paper on Morality MORALITY AND ETHICS
Derived from the Latin word “Moralitas”, Morality translates to “manner, character, and proper behavior”. It also has three primary meanings, making “Morality” refer to: a) A code of conduct or belief which is held to be the authority when it comes to what is right and what is wrong. b) An ideal code of belief and conduct as to what is right and what is wrong. c) A synonym to “Ethics”, which is the systematic and philosophical study of morals. These aspects make the concept of morality a complex system, one that is based on a mix of cultural, religious and philosophical beliefs. However, there is one thing that all three definitions agree upon. Morality defines what right and what is wrong. Since this is a philosophical discussion we will be using the second definition of morality and tying it in with the concept of Ethics1. Also called Moral Philosophy, Ethics addresses questions about morality, from how it should be determined, to how it can be achieved in specific situations, to how it develops and what moral values are still prevalent. In the situation that was given to us, there were a number of ethical concepts that came to light, the most common being ethics in Religion, particularly Christian and Islamic Ethics and Ethics in the Bible. This is, perhaps, due to the fact that most of the people in our country are either subscribed to one religion or the other and the prevalence of the Catholic mindset in the Philippines. Christian Ethics, as its name implies, tends to follow the Christian concept of what is good; carrying with it such concepts as the Seven Deadly Sins and the Seven Virtues. That is 1
In a recent group discussion we have agreed that Ethics and Morality are not directly synonymous. To us, Morality refers to an adopted code of conduct, while as Ethics points more towards the application of Morality.
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to say, Christian Ethics focus more on the moral philosophies of Jesus Christ and his apostles hence it has a different interpretation of the Bible as what can be found in Biblical Ethics. It also has a tendency to stress the need for mercy, grace and forgiveness because of “human weakness”. Saint Augustine and Saint Aquinas are two of the notable individuals who have reworked Greek Philosophy to fit the framework of this concept. Biblical Ethics, perhaps, the teachings that we are most accustomed to, albeit the details those listed down in the Old Testament are not given as much focus as those in the New Testament. There are wide ranges of moral teaching that can be found in the Bible, starting with the Pentateuch or Ten Commandments, to “Wisdom Literature” such as those found in the book of Proverbs and the book of Psalms, to the Jesus Tradition, the core teachings found in the New Testament. In Biblical Ethics, there is a slightly different reading of the Bible since the teachings of the prophets are given just as much importance as those of Jesus Christ and his apostles. Islamic Ethics took shape during the 7th century and was eventually established by the 11th century. It is viewed as the successful mix of Qur'anic teachings, the teachings of the Sunnah2 and the precedents of the Ulema, the educated class of Muslim legal scholars who engaged in various fields of Islamic studies. The characteristics of the Islamic Moral Code emphasize that good moral character is the foundation for strong faith and proper acts of worship. The aforementioned Moral Code being primarily guided by Qur’an and Sunnah3. Of course, these were not the only ethical concepts that were brought up during our Also known as the “Path of Muhammad” or the “Way of the Prophet”. This was taken from the statements of the Hadiths, companions of the prophet during that time. 3 The Sunnah both explains Qur’an as well as gives additional rules for guidance, hence its importance as a part of Islamic law. 2
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research; however they were the most prevalent. Among some of the other ethical concepts that were cited during our discussions were: •
Utilitarianism
•
Moral Relativism We will go into further detail on the ethical principles and concepts involved when we
present our arguments later on.
'
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Philosophy Paper on Morality WANTED: WOMB FOR RENT
The advertisement that was given us asks whether or not the situation it implies is moral or immoral. However the fact that we are asked to do a paper on morality breeds another question that has to be addressed before we move on. What makes this situation a moral issue? From our research, we have managed to find several factors that may explain what makes this issue both a question of morality and a controversial topic. These are the following: a) The couple's gender b) Commercial surrogacy c) The requirements that the surrogate mother must meet d) Things that we are not made privy to in the ad In order to explain how these factors affect the topic of morality, it is best to dissect them one at a time. First off, we have the couple's gender. It's no secret that same-sex couples are viewed differently from heterosexual ones. A number of countries used to uphold sodomy laws which viewed homosexual behavior as a criminal act. Now we have one bisexual man and one gay man in a relationship seeking to have a child through the aid of a surrogate mother. Same-sex unions are still a topic for civil rights, political, social and religious issues in many western countries. While it is true that times change, the fact that many people still consider this type of relationship as unnatural immediately makes it a topic for debate. Second is the act of commercial surrogacy, in which a woman allows herself to be Created on 8/28/2009 2:01:00 a8/p8
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impregnated and to carry a child for another couple in exchange for money. This topic is just as debatable as abortion. What was once purely the role of a wife is now being given to the most qualified candidate to carry a couple's offspring. While as carrying a child is not a sin, the fact that the child will be virtually “sold” by its biological mother upon being born makes it questionable as to whether or not it's morally right. This issue, coupled with the thought of a gay couple wanting a child to raise as their own already raises red flags. The act of commercial surrogacy is also more than just a religious matter. The fact that it has suddenly become so popular means that here in the Philippines, we have virtually no written laws either for or against it. A surrogate mother can and may be exploited easily due to the lack of laws to guide and facilitate the arrangement, and from the requirements of the ad, it already feels that way. Third, we have the requirements that the woman has to meet in order to be an eligible surrogate. Although the conditions listed in the ad are mostly reasonable, we have found that some of our interviewees are made uncomfortable by particular stipulations. In dissecting the advertisement, we find that the applicant should be: a) smart b) disease-free c) willing to carry the couple’s child for nine months d) willing to live with them during the time of her pregnancy e) willing to work for them either as a domestic helper or a secretary during this period f) willing to wet nurse for the child g) willing to give up all her rights with regards to the child Created on 8/28/2009 2:01:00 a8/p8
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h) is not a prostitute While as most of these requirements are relatively fair, what makes some interviewees uncomfortable is the fact that the woman will be made to work as a domestic helper or a secretary aside from being a surrogate mother. The P10, 000 a month that was originally offered in exchange for being a surrogate becomes a monthly wage for a household worker. Sperm donors in the United States are compensated by being given $100 per sample 4. That’s approximately P5000 per sample. These men have to undergo the same tests in order to be eligible to donate sperm; sperm that they can donate once or twice a week. They have to reach a certain I.Q. level, they have to be disease free, and they can earn more than P10, 000 a month without having to carry a child in their belly or double as a housemaid or secretary. Why the double standard? Another thing is that women with the same qualifications in India get $2,500 to $6,500. That’s P125, 000 to P325, 000 with all expenses paid. Why do women in another 3rd world country get more without having to work as a domestic helper? Another requirement that people are uncomfortable with is that the woman will have to surrender all of her rights as the child's biological mother. What if the child wants to know how he or she was conceived? Would his parents then have to lie? And what if the child wants to see his or her biological mother? This brings us to the final issue regarding things that are not mentioned in this ad. Keep in mind that the ad does not, in any way, tell us exactly how the child will be brought up, what happens if the mother miscarries, how the conception will be done, the minimum age requirement for the mother or anything of the sort. It’s also not mentioned whether or not 4
Found in a recent article from Count on News 2, a news website based in Charleston, South Carolina.
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the couple will be covering the costs of the monthly check-ups that the woman must go through. Also, what about the chances of psychological trauma? If the surrogate mother goes through post-partum depression, will the couple cover the expenses of the psychiatric treatment? There are a lot of questions that can help pinpoint as to whether or not this situation is a moral issue that remain unanswered. Hence, we are only left to assume the best or the worst possible outcome for the arrangement.
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HOMOSEXUALITY AND SURROGACY IN THE PHILIPPINES To date, these are two of the hottest topics that can be found not just in the country but all over the world. Although the concept of homosexuality is treated with a sense of indifference in the Philippines, its view is rather skewed. When we hear the word “bakla”, what immediately comes to mind are actors like Roderick Paulate. We think of men who are flamboyantly gay and presented by the media as comedic relief. But no one wants to talk about Rustom Padilla. When we think of gay men in the Philippines, we think of Tito, Vic and Joey skits, or Dolphy wearing a bra. Very rarely is the immediate image that is brought to us that of two men having intercourse and when it is, the immediate translation of it is that it is immoral and taboo. Lesbians, on the other hand, are an entirely different affair. At least as far back as Ancient Greece, the poet Sappho was the most famous adherent for non-platonic relations between two women. More recently, thanks to Katy Perry's song “I Kissed a Girl”, a woman having a relationship with another woman is once again treated as perfectly acceptable, as long as they are both attractive. Lesbianism has been romanticized by media, especially among the youth, with Britney Spears kissing Madonna and anime` showing that Shojo Ai 5 is normal. However even in their portrayal in the media, they are heavily romanticized. Butch 6 lesbians are rarely given focus upon, and when they are, are portrayed as brusque, Amazonlike women for comedic relief. No one in the Philippines likes being serious about homosexuality, much less talk
5 A strong intimacy in female friendship 6 Lesbians are usually stereotyped into two particular categories, namely “Butch” or masculine types and “Femme” or feminine types.
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about a gay couple wanting a child. Most of this stems from the fact that we have a very macho7 culture. The image of masculinity that we are used to is that our men drink, fraternize and womanize. The sudden emergence of the metrosexual man alone has lowered the bar for what is defined as 'macho', while at the same time inspires certain men to overcompensate for their lapsed brethren. Commercial surrogacy, on the other hand, is something that no one wants to talk about, period. In the past we have had child-trafficking, drug-trafficking and recently, even organ-trafficking. This makes the act of renting out a woman's womb for a few thousand pesos a concept that is hard to deal with. Even though it is prevalent, the fact that it suddenly rose to such popularity, with foreign couples hiring Filipinas to be surrogate mothers for their children, just leaves people stunned and silent. Although there are a number of “agencies”, both legal and illegal that aid couples in finding surrogates, they are rarely talked about unless they visibly go against the law. The main cause of this is our own concept of “hiya”. What we find shameful, even though some of us are willing to do, is best left unsaid. One of the biggest factors that affect our opinion on both topics, however, is Catholicism and Islam, the two most prominent religions in the country. With concern to the ethical code found in both religions, both homosexuality and commercial surrogacy is forbidden. Even though it is arguable that a vast number of Filipinos are non-practicing Catholics or open-minded Muslims, no one wants to incite a war against religion. These topics aren't brought up for a number of reasons, from angering would-be voters to inciting a Holy War. Although this does sound extreme, just think of what it means if the Vatican 7 Machismo in the Philippines was heavily influenced by colonizers, particularly the Spanish, although it's uncertain if it was popular even before their arrival.
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announced that they allowed same-sex marriage. How many sects of Christianity from Iglesia ni Cristo to Aglipayan to Mormons would have to change their ethical stands providing that they even agree? How many legal documents would have to be changed and rewritten, new laws that would have to be passed to cover the rights of married same-sex couples? It is factors like these that make gender-neutral couples more than just a religious issue. The rules regarding surrogacy are almost as difficult to make or change, primarily because of its sudden popularity. If the Catholic Church were to allow commercial surrogacy then they would also have to allow artificial insemination, in vitro fertilization, birth control and in the long run, even abortion. This is why even if we argue that a good amount of Filipino citizens do not pay much attention to religion and religious debates, it doesn’t mean that the rules can just be changed. The amount of vehement protestors willing to make their voices heard still carry more weight than the apathetic, and these protestors are just enough so that no politician wants to contradict them.
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Philosophy Paper on Morality UNNATURAL SELECTION “Dios ko po anu ba yan? Diba sila natatakot sa Diyos?”
- “Manang”; Kier and Martin Serrano's Domestic Helper In order to understand why monotheistic religions consider the act of homosexuality as taboo, it is first important to understand their viewpoint regarding sex. Since Abrahamic religions8 all consider the first five books of the Bible as canon, they all share the same initial view regarding copulation. That it is an act of consummating the marriage between a man and a woman, and that it should unite the couple emotionally and physically as well as be welcome to the thought of bringing new life into the world. Within the Humanae Vitae, the Encyclical Letter by Pope John Paul VI on the Regulation of Birth, made public on July 25, 1968, we find this particular quote: #12 - “Union and Procreation - marriage is about man and woman and the purpose of marriage is sex (union) and having children (procreation). "This particular doctrine, often expounded by the magisterium of the Church, is based on the inseparable connection, established by God, which man on his own initiative may not break, between the unitive significance and the procreative significance which are both inherent to the marriage act. The reason is that the fundamental nature of the marriage act, while uniting husband and wife in the closest intimacy, also renders them capable of generating new life—and this as a result of laws written into the actual nature of man and of woman. And if each of these essential qualities, the unitive and the procreative, is preserved, the use of 8 Christianity, Judaism and Islam.
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marriage fully retains its sense of true mutual love and its ordination to the supreme responsibility of parenthood to which man is called. We believe that our contemporaries are particularly capable of seeing that this teaching is in harmony with human reason. " Of course the story of Adam and Eve in the garden as the ancestors of the human race isn't the only basis for this view. Also found in the Book of Genesis is the story of Sodom and Gomorrah and of Lot, whose family was saved from the destruction of the two cities. Within the Bible it states: Genesis 19:4, 5: “The men of Sodom ... surrounded the house, from boy to old man, all the people in one mob. And they kept calling out to Lot and saying to him: ‘Where are the men who came in to you tonight? Bring them out to us that we may have intercourse with them.’” This passage in the bible along with its subsequence on the fate that befell the two cities emphasizes that homosexuality alone is already a sin hence the terminology “Sodomites” for those that practice homosexual acts. Also found in the book of Leviticus is the following passage, 18:22: “You must not lie down with a male the same as you lie down with a woman. It is a detestable thing.” Some of the teachings that they have pointed out include the following quote from the Catechism of the Catholic Church: #2357 - "Homosexuality refers to relations between men or between women who experience an exclusive or predominant sexual attraction toward persons of the same sex. It has taken a great variety of forms through the centuries and in different cultures. Created on 8/28/2009 2:01:00 a8/p8
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Its psychological genesis remains largely unexplained. Basing itself on Sacred Scripture, which presents homosexual acts as acts of grave depravity, tradition has always declared that "homosexual acts are intrinsically disordered." They are contrary to the natural law. They close the sexual act to the gift of life. They do not proceed from a genuine affective and sexual complementarity. Under no circumstances can they be approved. It is not only within the Catholic Church and Biblical Ethics that homosexuality is considered as taboo. Upon interviewing members of the Muslim faith, we learn that even by the teachings of Mohammad and Allah, it is considered as “haraam” or forbidden. To quote a hadith from the Prophet: “Whoever gratifies his sexual urge with another (individual} of his own sex, the Almighty will not so much as look at him.” In fact Islam is much less tolerant about homosexuality than the Catholic faith for the Prophet also has this to say: “'Kill the one who commits sodomy and the one to whom it is done.“ It wasn't only within the teachings of Mohammad that the act of homosexuality was touched upon. From Abdullah Yusuf Ali's 1934 translation of the Qur'an we have this passage with regards to the people of Sodom and Gomorrah: “For ye practise your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds.” Homosexuality is considered taboo because it is, as a sexual act, sterile. Even without taking into account the Biblical Ethics regarding sex, the simplest form of reasoning is that if Created on 8/28/2009 2:01:00 a8/p8
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it was meant to be done then it would be possible so that the act of consummation between two men could still produce offspring. Even if we argue that homosexual acts were prevalent throughout various species in the animal kingdom, the fact that we are human beings gives us the gift of reason. We are above mere animals. To act like them makes it an act of immorality. Aside from Biblical passages, verses from the Qur'an and those found within the Sunnah of Mohammad, there is also the fact that homosexual acts leave you more open to receive and transmit such diseases as AIDS, gonorrhoea, syphilis, and hepatitis B9. Of course, homosexuality is not the only thing that makes this advertisement a symbol of immorality, as we also have the would-be surrogate mother involved. As we have mentioned before, according to Biblical Ethics, the act of marriage must be open the thought of bringing in new life. This is what makes sex between husband and wife sacred. Even though the writers and the editors of the Bible did not have the foresight to consider the existence of test-tube babies and in-vitro fertilization, it still has this to say regarding the matter, in Psalm 27:3: “Sons are a heritage from the LORD, Children a reward from him.” From this passage, we must take into account that children are viewed as “gifts from God” and not as a right. It further implies that there a divine reason as to why some couples, despite being heterosexual do not bear children. Within Genesis, Chapter 16, we are also given the story of Abram and his wife, Sarai, 9 The fact that homosexual sex is done through anal intercourse makes the couple less likely to use a condom since neither of them will get pregnant. This makes the transmission of sexual diseases more common.
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who could not bear him a son. For compensation, because she could not fulfil her duty as a wife, she gave Abram her slave, Hagar, to act as a surrogate mother. This was considered as common practice at the time because childless women were looked upon with shame. What we may learn from Hagar's story is that the role of a surrogate mother can cause heartache and confusion. Although this is the only thing that the Bible can be quoted upon regarding surrogacy, the Catechism of the Catholic Church follows with this: #2377 - “Techniques involving only the married couple (homologous artificial insemination and fertilization) are perhaps less reprehensible, yet remain morally unacceptable. They dissociate the sexual act from the procreative act. The act which brings the child into existence is no longer an act by which two persons give themselves to one another, but one that "entrusts the life and identity of the embryo into the power of doctors and biologists and establishes the domination of technology over the origin and destiny of the human person. Such a relationship of domination is in itself contrary to the dignity and equality that must be common to parents and children."168 "Under the moral aspect procreation is deprived of its proper perfection when it is not willed as the fruit of the conjugal act, that is to say, of the specific act of the spouses' union . . . . Only respect for the link between the meanings of the conjugal act and respect for the unity of the human being make possible procreation in conformity with the dignity of the person." And this to say: #2379 - “The Gospel shows that physical sterility is not an absolute evil. Spouses who still suffer from infertility after exhausting legitimate medical procedures should unite Created on 8/28/2009 2:01:00 a8/p8
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themselves with the Lord's Cross, the source of all spiritual fecundity. They can give expression to their generosity by adopting abandoned children or performing demanding services for others.” We can therefore surmise that there are two main reasons behind why surrogacy can be deemed as immoral: 1. Because the act of it goes against Biblical teaching, implying that a couple, whether homosexual or heterosexual has the “right” to have a child if they are not gifted with one. 2. Because it is considered as a selfish act. Considering the number of children that are “unwanted” and left in orphanages and in foster care, why is it so hard to just adopt if you have so much love to give? Of course, this is in traditional surrogacy. In commercial surrogacy, there is another element involved: money. The fact that a woman will be renting out her womb and giving her egg cell in exchange for payment makes the act even more selfish. The only reason that commercial surrogacy is not considered as child trafficking is because, in such a case, the child has not yet been born. But aside from that, what makes it so different? Someone is being sold off. What is worse is that they do not even have any knowledge of what is happening to them. Even though the act of adoption brings about complications of its own, there are, at least, ways to make sure that the child will be cared for. Hopeful parents, whether homosexual or heterosexual go through intensive background checks before being approved. It's more reassuring than a statement in an advertisement saying that the child will be cared for. Created on 8/28/2009 2:01:00 a8/p8
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Philosophy Paper on Morality FOR THE PEOPLE
“It's the flock, the grove, that matters. Our responsibility is to species, not to specimens; to communities, not to individuals.” - Sara Stein, Noah's Garden, 1998. It is possible to view this situation without religion playing a part in it, however, as although every religion comes with its own moral code, morality and ethics can be practiced without it. In the beginning we defined morality primarily as a code of conduct adopted in order to define what is right and what is wrong. Since Ethics is a philosophical concept, there are views regarding it that are not directly linked to religion. Going by this train of thought, the advertisement does not have to immediately be viewed as immoral, primarily, because it is not connected with anything religious. Therefore, in turn, religion has no absolute authority. The gay couple are not married, the Filipina woman that they are looking for is not required to be Catholic or Muslim or subscribed to any other religion, for that matter, and there is no mention as to whether or not the child that they will be raising will be submitted to any monotheistic religion. If those two issues are eliminated as factors as to whether or not it is moral then we are left to answer the questions: 1. Does the situation listed down in the advertisement hurt anyone? 2. Does it greatly affect people who are not directly involved? 3. Does it harm society as a whole? This can be viewed from a utilitarian perspective because we are nominally a democracy, with the interests of the people at heart. Although utilitarianism is commonly Created on 8/28/2009 2:01:00 a8/p8
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translated as what is good for the most number of people is the greatest good, if taken from a logical conclusion, then what is not harmful to the most number of people cannot be considered wrong or immoral either. To quote Jeremy Bentham in An Introduction to the Principles of Morals and Legislation: “By utility is meant that property is any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness(all this in the present case come to the same thing) or (what comes again to the same thing) to prevent the happening of mischief, pain, evil or unhappiness to the party who whose is considered: if that party be the community in general, then the happiness of the community; if a particular individual; then the happiness of that individual.” Answering the aforementioned from a utilitarian perspective, the answer to all three is no. Try and view each of them logically. 1. The situation listed down does not harm anyone because the dealing is only between two parties, the couple and the surrogate. If the surrogate felt threatened or exploited by the ad then she would not need to apply. Also, in the advertisement, there will be the use of legal documents. If it violated any human rights as set forth by the Universal Declaration of Human Rights by the United Nations, then it would be known. We also cannot argue that the decision of the two parties harm the child because we do not know: a) If the procedure will be a success. This is only an advertisement, we are not made privy to how the conception will occur or if it will be successful. There is nothing to Created on 8/28/2009 2:01:00 a8/p8
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judge regarding the child's welfare because there is no child to begin with. b) If children with same-sex parents will be subjected to the same discrimination or prejudices that are being applied now. The child has approximately a decade to understand the nature of his or her existence. Who is to say that our biases will be kept by the next generation? This situation can also not be compared to child trafficking because there is, first and foremost, no child to be trafficked. In the process of surrogacy, both the man who gave sperm and the woman whose egg will be used are the biological parents. The child belongs to them. 2. Again, there are only three people directly involved: the bisexual male, the homosexual male and the would-be surrogate mother. Anyone who is not directly involved in the transaction cannot claim to be affected, only offended by its implications. And even then, not everyone who is subscribed to a particular religion shares the same viewpoint regarding the situation. If the majority of people are not directly affected, then they have no justification to stop it. 3. This is something completely open to debate but only if you take religion into account. Remove the religious viewpoint and it actually helps certain people. There is more good being done than harm. A childless couple, thanks to scientific breakthroughs, now have the means to have a child that is at least half theirs genetically and a possibly unskilled and unemployed woman has another means of income available to her. Utilitarianism focuses on what is good for the majority of the people and opts for the least amount of pain and suffering. If commercial surrogacy brings happiness without Created on 8/28/2009 2:01:00 a8/p8
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inflicting pain greater than or equal to the happiness brought then it is good. To quote John Stuart Mill, English Politician and Philosopher: “In this age, the mere example of non-conformity, the mere refusal to bend the knee to custom, is itself a service. Precisely because the tyranny of opinion is such as to make eccentricity a reproach, it is desirable, in order to break through that tyranny, that people should be eccentric. Eccentricity has always abounded when and where strength of character has abounded; and the amount of eccentricity in a society has generally been proportional to the amount of genius, mental vigor, and moral courage which it contained. That so few now dare to be eccentric, marks the chief danger of the time.” The problem with this situation is that it's stuck in the Philippine setting, and a majority of Filipinos, being unwilling to facilitate any meaningful change that involves going against religion is pushed into this backwards mentality that sees an innovation of science as sin. We are limiting ourselves based on what have been written centuries and even millennia ago. If those who had written the Bible and Qur'an were unable to foresee these developments then what gives them right to speak against it? There is almost no mention of any scientific data in the Bible, and the facts regarding the world that were written in them are very limited and usually incorrect. Basic geography, astronomy and geology are all unheard of. If the Bible makes no mention of science then what right do people have to use it as justification to forbid new developments? The Bible has been historically used to prevent reforms that would benefit the greater good to benefit humanity. Women’s' rights, abolition of slavery, heliocentric theory, evolution and modern geology were all opposed in their times by opponents who used the Bible and Created on 8/28/2009 2:01:00 a8/p8
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similar holy books as basis for their arguments. The Bible in itself is very anti-utilitarian, the Old Testament, in particular. It favors a “chosen people”, obviously a minority and condones acts of harm committed in varying degrees of force against a majority, for the benefit of same. What is viewed as a sin in monotheistic religions can also be viewed as another step towards scientific enlightenment. If we are so quick to accept semi-miraculous treatments for Cancer and AIDS then why are we limiting ourselves and the rest of the human race from advancing on the say-so of a vocal minority? Shall we be like the Jehovah's Witness' who forbid blood transfusions amongst their own kind because they see it as an act of cannibalism10? Not all of us are given the ability to bear children, this is a fact even for heterosexuals and not all women want a child of their own, even if they are perfectly capable of doing so. If a woman is willing to and can lend her womb for a time and is compensated for it, and if a same-sex couple is willing to raise a child and make sure that he or she is well provided for and will be loved as their own, then how is it wrong? The Dark Ages ended more than five hundred years ago. We do not need to succumb to the same prejudices and misconceptions that a great many of our ancestors did their best to stamp out.
10 Based on the Jehovah's Witness' interpretation of the Old Testament.
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BIBLICAL MORALITY AND MORAL RELATIVISM: HOW THEY COINCIDE IN A PHILIPPINE SETTING Before we give our group's standpoint, we would like to introduce two more ethical concepts that are applicable to this situation: Moral Relativism. Within moral relativism, what can be defined as “morally right” depends on social, cultural or historical circumstances. For example, up until the 1960s, tribes in Papua, New Guinea practiced ritual cannibalism. To these tribes, eating the flesh of the dead was a form of respect. By partaking of their flesh, they believed that their fallen comrade would be with them forever. Although cannibalism is frowned upon in most parts of the world, to this tribe, the act of it being moral or immoral is relative. In moral relativism, what is moral to a particular place or time in history is not necessarily viewed as moral in another culture, country or setting. Now, as we have mentioned before, one of, if not the most popular standpoint in the Philippines is Biblical Ethics, which is against both same-sex couples and surrogacy. This is also the standpoint that we are taking as a group. We consider the implications of the advertisement immoral, and here is why. Aside from what we have stated in our argument, Unnatural Selection, we must also take into account the members of the country that are non-practicing Catholics, Agnostic, Atheists, Deists and open-minded Muslims. We can therefore look at our group standpoint from two more views, moral relativism and ethical egoism. Looking at the situation from a morally relative standpoint, we must take into account the history, social and cultural circumstances. In the past we have been subjected to more Created on 8/28/2009 2:01:00 a8/p8
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than three hundred years of being colonized by the Spanish, more than 50 years under the American and a relatively short period under the Japanese. Before this, we freely traded with the Chinese and openly welcomed Muslim brethren from nearby islands. None of these foreign influences accepted homosexuality as being “natural” or “acceptable”, unless you count the minute strain of Hinduism that came along with China and Japan. Karel Capek's definition of Moral Relativism hence becomes the most applicable in this situation. He states that: “Relativism is neither a method of fighting, nor a method of creating, for both of these are uncompromising and at times even ruthless; rather, it is a method of cognition. “ These viewpoints continue until now because we are a predominantly Catholic country. Even though we have adopted Catholicism in such a way that there are a number of native influences that can be found within it, we still hold a number of the same traditions and beliefs as the original faith. Filipinos are known for being docile, at least culturally. Even if we argue there were various revolutions, the decades of repression between them dwarf the combined uprisings. Our respect and fear of the Church is entrenched in the Philippine psyche due to three hundred odd years of being effectively run by the Church rather than the colonial government. Coupled with our reluctance for confrontation, this makes it difficult to contradict anything that the Church labels as taboo. Thus, what the Church has deemed as “immoral” is viewed as immoral by the bulk of the country, particularly the working middle class who make up the decisive voting bloc. A voting bloc that has to be wooed by politicians who want to be in power. If you remember the importance of Radio VERITAS and Cardinal Created on 8/28/2009 2:01:00 a8/p8
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Sin in the first People Power that put Corazon Aquino into office, and the roles that they played, then this is a prime example. Even if we try to take this from a utilitarian standpoint, the facts of the matter remains that we would much rather stay in our comfort zones and have the Church decide. Even if we had our own opinions, we are more used to keeping quiet about them. Utilitarianism as a part of democracy is overlooked in favor of a vocal, if somewhat influential minority. We are used to the Catholic Church, we have grown up with its teachings, we learn it from our parents and its ideologies are taught to us from grade school to college. It is the standpoint that we are most accustomed to, hence we question whether or not the others out there are worth switching to. We stick to what we know. What makes us, as a group against this situation is easy to sum up, though, through common sense. The happiness of this couple can be achieved through adopting a child already born but did not receive the love that its biological parents should or could have given. The woman can find a couple that does not require her to be a domestic helper, or if she was really interested in having a child, a husband. There is something else that this couple did not seem to keep in mind when they put out this ad. The only things Filipinos insist that are morally wrong, are the things that we know about. We turn a blind eye to certain transgressions as long as they are kept silent. It's in our mentality.
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Philosophy Paper on Morality CONCLUSION
Our final standpoint for our paper and the ideologies behind our argument is best summarized through the following interview with Fr. Greg Gaston, Head of Family Life Ministries of the Philippines. In our correspondence, he says: “The family is the basic unit of society and in our case, if the Filipino family is destroyed the Philippine Society will follow suit. We have to protect and strengthen the family, both through personal initiatives or by helping our government to do so. This is not the sole responsibility of the Church, but of civil society as a whole. In the Encyclical Letter of the late Pope John Paul II, Familiaris Consortio I, he described that the family in the modern world is beset by the many profound and rapid changes affecting society and the culture. Although there are still many who are trying to be in fidelity to the values that constitutes the foundation of the institution of the family, others have become uncertain and bewildered over their role or even doubtful and almost unaware of the ultimate meaning and truth of the family life. Today, some sectors of our society are even wishing to re-define the concept of a 'family' to include (with equal legal status as the traditional father-mother-children family) same-sex unions with or without adopted children, single parenthood, multiple partnership and even adopting marriage with animals. They want those to be accepted as variations within family structure; adultery, divorce, pre-marital sex and even other forms of sex for the sole purpose of achieving pleasure. In the Encyclical Letter to Pope Paul VI Humanae Vitae, it clearly stated that the stand of the Church have not and will not change its teachings on marriage, that it will only be Created on 8/28/2009 2:01:00 a8/p8
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exclusively be done on a man and a woman and become pro-creator of God. Through conjugal or marital act which have two foundations: the biological or procreative function and the spiritual or unitive functions. So, in conclusion, we can say that Gay marriage and surrogate parenting can never be acceptable in our society, which are still a God-fearing and family loving people. we must intensify our efforts to protect our concerning families even as we continue to take advantage of all the scientific and sociological data we can gather, to destroy any misconceptions on the true meaning of the family.”
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Philosophy Paper on Morality REFERENCES “Adzakael”. Personal Interview. 18 August 2009 Al-Munajjid, Muhammed Salih. “Renting Wombs is Haraam”. Islam Question and Answer. 31 May 2009. 21 August 2009.
Allis, Trevor. “The moral implications of motherhood by hire”. Issues Med Ethics Jan-Mar 5.1 (2007). 21 August 2009
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“Fertility Treatment: Surrogacy”. BabyCenter Philippines. June 2007. 16 August 2009.
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“Moral Relativism: A Critical Look at Moral Relativism”. 23 December 2007. 30 August 2009. New Jerusalem Bible, standard ed. Henry Wansbrough, ed. New York: Doubleday Religion.1999. Punzalan, Pamela. Personal Interview. 17 August 2009 Pope John Paul II. “Catechism of the Catholic Church”. Vatican Library. 1997. 16 August 2009.
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