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SC junks plea for marriage equality; but says Charter doesn’t limit marriage based on sex

The SC stated that the 1987 Constitution, from its “plain text,” “does not define, or restrict, marriage on the basis of sex, gender, sexual orientation, or gender identity or expression,” but the petition had to be dismissed based on Atty. Jesis Falcis III’s lack of standing, violation of the principle of hierarchy of courts, and failure to raise an actual, justiciable controversy.

The Supreme Court (SC) of the Philippines unanimously voted to dismiss on account of a technicality a historic petition to allow same-sex marriage in the country.

The SC dismissed Atty. Jesus Falcis III’ petition “on account of his lack of standing, violating the principle of hierarchy of courts, and failing to raise an actual, justiciable controversy,” SC’s spokesperson Brian Keith Hosaka said in a news conference on Tuesday, September 3.

In 2015, Falcis filed a petition asking the High Court to declare Articles 1 and 2 of the Family Code unconstitutional. The provisions of the 31-year-old law limits marriage between a man and a woman. However, the 1987 Constitution does not categorically state that a marriage must be only between a man and a woman.

But it is worth noting that the SC said the Constitution does not restrict marriage on the basis of sex.

The SC stated that the 1987 Constitution, from its “plain text,” “does not define, or restrict, marriage on the basis of sex, gender, sexual orientation, or gender identity or expression,” but the petition had to be dismissed based on Falcis’ lack of standing, violation of the principle of hierarchy of courts, and failure to raise an actual, justiciable controversy.

The SC ruled with a reminder against “premature” petitions, stating that actions done in the name of public interest “should be the result of collective decision coming from well-thought-out strategies of the movement in whose name we bring a case before this Court.”

Otherwise, the SC added, “premature petitions filed by those who seek to see their names in our jurisprudential records may only do more harm than good.”

For the SC, “good intentions are no substitute for deliberate, conscious and responsible action. Litigation for the public interest for those who have been marginalized and oppressed deserve much more than the way it has been handled in this case.”

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The SC also held Falcis and his fellow lawyers, Darwin Angeles, Keisha Trina Guangko, and Christopher Ryan Maranan, liable for indirect contempt, stating that “to forget [the bare rudiments of court procedure and decorum] — or worse, to purport to know them, but really, only to exploit them by way of propaganda — and then, to jump headlong into the taxing endeavor of constitutional litigation is a contemptuous betrayal of the high standards of the legal profession.”

Associate Justice Marvic Leonen, the ponente, said the issue of same-sex partnerships “may, for now, be a matter that should be addressed to Congress.”

Leonen was quoted as saying by the SC’s Public Information Office (PIO) that the SC “recognized the protracted history of discrimination and marginalization faced by the lesbian, gay, bisexual, transgender, queer, intersex and other gender and sexual minorities (LGBTQI+) community, along with their still ongoing struggle for equality.”

SC also “acknowledged that same-sex couples may morally claim that they have a right against discrimination for their choice of relationships” and said “official recognition of their partnerships may, for now, be a matter that should be addressed to Congress.”

The SC ruled that judicial adjudication entails ruling on issues “propelled by actual controversies,” adding that it can fully weigh the consequences of its decisions “only through the existence of actual facts and real adversarial presentations.”

But legislation “ideally allows public democratic liberation on the various ways to assure these fundamental rights,” the SC was quoted by the PIO. “Often public reason needs to be first shaped through the crucible of campaigns and advocacies within our political forums before it is sharpened for judicial fiat.”

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