JURIST Supported by the University of Pittsburgh
PAPER CHASE NEWSBURSTDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.


Thursday, April 08, 2010

Philippines supreme court certifies gay rights party for election
Daniel Makosky at 12:02 PM ET

[JURIST] The Supreme Court of the Philippines [official website] ruled [judgment text] Thursday that a prominent gay rights organization may field candidates in the upcoming national elections as an accredited political party. The decision invalidates an order [text, PDF] issued by the Commission on Elections (Comelec) [official website] in November that rejected a bid for party recognition by Ang Ladlad [party website]. In denying Ang Ladlad's original petition, Comelec cited the group's "[tolerance of] immorality which offends religious beliefs." The court, however, determined that the policy violated Article III, Section 5 of the Philippines Constitution [text], which has previously been interpreted to mandate "government neutrality in religious matters." The decision stated:


[W]e hold that moral disapproval, without more, is not a sufficient governmental interest to justify exclusion of homosexuals from participation in the party-list system. The denial of Ang Ladlad's registration on purely moral grounds amounts more to a statement of dislike and disapproval of homosexuals, rather than a tool to further any substantial public interest. Respondent's blanket justifications give rise to the inevitable conclusion that the Comelec targets homosexuals themselves as a class, not because of any particular morally reprehensible act.

Having met all legal requirements for certification as a party, the court ordered that Ang Ladlad be permitted to fully participate in the May elections.

The court issued a temporary restraining order [Manila Bulletin report] against Comelec in January, requiring the body to include Ang Ladlad on the list of official parties until a decision on the case's merits could be reached. In December, Comelec again rejected [GMA report] Ang Ladlad's request for accreditation. Officials voting against the group reiterated their moral concerns, and stated that their interests are sufficiently represented legislatively.





Link |  | print | subscribe | RSS feeds | latest newscast | Facebook page

For more legal news check the Paper Chase Archive...


LATEST LEGAL NEWS

 Rights groups challenge NYPD over Muslim surveillance
11:23 AM ET, June 19

 US government releases names of indefinite Guantanamo detainees
10:16 AM ET, June 19

 UN rights chief urges Turkish government, protesters to defuse tensions
9:21 AM ET, June 19

 click for more...

Get JURIST legal news delivered daily to your e-mail!

LATEST FORUM

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen School of Law

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org