Dismissal of same-sex marriage case a 'temporary setback' —petitioner

The lawyer who filed the now-dismissed petition seeking the legalization of same-sex marriage in the Philippines on Wednesday said he considers the rejection of his case a "temporary setback."

The Supreme Court dismissed Jesus Falcis III's petition for the removal of legal barriers restricting marriage to a union between a man and a woman because he lacked standing, went straight to the High Court for relief, and failed to present an actual case.

The Court did not explicitly rule on whether or not same-sex marriages should be allowed.  But it said that the "plain text" of the 1987 Constitution "does not define, or restrict, marriage on the basis of sex, gender, sexual orientation, or gender identity or expression."

"The Supreme Court made its judgment on the petition. But history will be the ultimate judge," Falcis said in a statement. He added that he and his fellow petitioners "hoped to win... [but] expected to lose."

Falcis said they already considered a victory the Court's holding of oral arguments on the case last year and thanked the tribunal "for the opportunity to educate the public."

"This is a temporary setback. In other countries from the US to Australia to Taiwan, they had to lose before they won marriage equality," he said. "The Philippines will be no different. The future for the LGBT community is colorful like a rainbow."

In a petition filed in 2015, Falcis sought the nullification of provisions of the Family Code defining marriage as a heterosexual union.

During oral arguments last year, the justices grilled him on what injury he suffered from the enforcement of the Family Code when it turned out that he, a single gay man, has never applied for a marriage license and was thus never denied one.

He was also told by some justices that he should have first brought the petition to a lower court, particularly a regional trial court, instead of running straight to the highest Philippine court for relief. — MDM, GMA News