MANILA – The Supreme Court (SC) has junked with finality the petition to legalize same-sex marriage in the Philippines.
In a resolution dated Dec. 10 but only released publicly on Monday night, the SC said the motion for reconsideration has no “substantial arguments” that would warrant the reversal of the original decision.
The high court earlier ruled that, “while it recognized the history of discrimination and marginalization against members of the Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex community, the petition was junked for “lack of standing” and for “failing to raise an actual, justiciable controversy.”
“No further pleadings or motions will be entertained,” the resolution wrote. “Let entry of judgement be made immediately.”
Associate Justice Marvic Leonen, the ponente of the decision, said the Constitution, from its plain text, does not define or restrict marriage on the basis of sex, gender, sexual orientation, or gender identity of expression.
“But arranging state recognition for same-sex relations is an issue better left to Congress,” Leonen said. “A sweeping decision in favor of same-sex marriages based on the petition may do more harm than good to a historically marginalized community.”
Laywer Jesus Falcis in 2015 filed a petition before the court to declare the Articles 1 and 2 of the Family Code, which limits the marriage only between a man and a woman, as unconstitutional.
Falcis also wanted to nullify Articles 46 (4) and 55 (6) of the Family Code, which include homosexuality or lesbianism as legal grounds for annulment and legal separation.
The justices in September last year unanimously found Falcis’ petition deficient, ruling that he lacked legal standing, violated the principle of the hierarchy of courts, and failed to raise an actual, justiciable controversy./PN
