Male or female 18 years old and above, not under any impediments mentioned in Art. 37 (incestuous marriage) & Art. 38 marriage against public policy), may contract marriage.
Must be male and female
Jones v Hallahan, (1973): Application for marriage license was denied since marriage is defined by law as a contract entered into between a man and a woman.
Goodridge v. Dept. of Public Health, (20 03): Same-sex couples should not be denied the same benefits as heterosexual couples; the right to marry includes the right to choose who to marry.
Silverio v Republic, (2007): Changing of gender in one’s birth certificate was denied; otherwise, it would result
in confusion and would allow marriage between persons of the same sex which is in defiance of the law, as marriage is a union between a man and a woman.
Note: The best source for citing the requirement (of male/female) is still statutory, as provided explicitly in the Family Code.