Petition for the legalization of same-sex marriage dismissed by Supreme Court

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Supreme Court spokesman Brian Keith Hosaka denied yesterday the petition which seeks to legalize same sex marriage in the Philippines.

Supreme Court spokesman Brian Keith Hosaka denied yesterday the petition which seeks to legalize same-sex marriage in the Philippines. 

Votes were 15-0, pointing the Congress as the branch of government that could address the appeal for the recognition of same-sex marriage. 

The petition was authored by lawyer Jesus Nicardo Falcis III, asking the high court to declare Articles 1 and 2 of the Family Code as unconstitutional — which states that only marriages between a man and a woman are valid — and nullify Articles 46 (4) and 55 (6) of the same code. 

However, the SC found violations in the petition. 

“While acknowledging that the Constitution does not define or restrict marriage on the basis of sex, gender, sexual orientation or gender identity or expression, the Court dismissed Falcis’ petition on account of his lack of standing, violating the principle of hierarchy of courts and failing to raise an actual justiciable controversy,” the SC said in a statement. 

The decision was penned by Associate Justice Marvic Leonen, recognizing the history of discrimination and marginalization experienced by those who are members of the LGBTQI+ community along with their ongoing struggle for gender equality. 

The high court said it acknowledged the cry of same-sex couples in fighting for their right against discrimination. 

However, the high tribunal said the matter should be addressed to the Congress.

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