SC junks ‘with finality’ petition to legalize same-sex marriage

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SC junks ‘with finality’ petition to legalize same-sex marriage
“No further pleadings or motions will be entertained. Let entry of judgement be made immediately.”

The Supreme Court (SC) has junked with finality the plea seeking to legalize same-sex marriage in the Philippines. 

Issued by the SC last Dec. 10 which was made available yesterday, the two-page notice said the motion for reconsideration is denied with finality “as no substantial arguments were presented to warrant the reversal of the questioned decision.”

Jesus Nicardo Falcis III, an openly gay lawyer, filed the the petition in October 2015 that sought to invalidate the prohibitions against same-sex marriage under the Family Code. 

And in September last year, the SC unanimously found the lawyer’s petition deficient as it lacked legal standing, violation of the principle of hierarchy of courts and failure to raise an actual, justiciable controversy. 

It was on Nov. 14, 2019 that Falcis filed a Motion for Partial Reconsideration. 

Now, SC Clerk of Court Edgar Aricheta said, “No further pleadings or motions will be entertained. Let entry of judgement be made immediately.”

The SC cited during the oral arguments on the violation of the hierarchy of courts how United States activists followed the hierarchy of courts before reaching the high court resulted in winning the same-sex marriage case. 

Same-sex relationships

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Although SC recognized the struggles of the LGBT community, the high court decided that Congress should address issues on same-sex partnerships. 

The denial came despite the Court’s acknowledgement of the 1987 Constitution that it does not define or restrict marriage on the basis of sex, gender, sexual orientation or gender identity or expression. 

Through Associate Justice Marvic Leonen who penned the decision, the SC said,  “Same-sex couples may morally claim that they have a right against discrimination for their choice of relationships and that official recognition of their partnerships may, for now, be a matter that should be addressed to Congress.” 

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