Supreme Court affirms junking of petition for same-sex marriage

The Supreme Court has affirmed its dismissal of a petition seeking the legalization of same-sex marriages in the Philippines.

The court en banc denied with finality the motion for reconsideration appealing the ruling upon finding that it presented "no substantial arguments" that would warrant the reversal of the original decision.

"No further pleadings or motions will be entertained," the court said in a December 10 resolution, the notice of which was made public Monday. "Let entry of judgment be made immediately."

Jesus Nicardo Falcis III, an openly gay lawyer, asked the court in 2015 to strike down as unconstitutional of the provisions on the Family Code that limited marriage to a union between a man and a woman.

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.

Falcis, they said, never applied for a marriage license and was thus never rejected, which means he has not suffered a direct injury from the limitations set by the Family Code.

Despite mincing no words in pointing out the flaws in the petition, the court said same-sex couples "deserve legal recognition in some way."

The 109-page ponencia, written by Associate Justice Marvic Leonen, 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 the High Court said arranging state recognition for same-sex relations is an issue better left to Congress.

It warned that a sweeping decision in favor of same-sex marriages based on the Falcis petition "may do more harm than good to a historically marginalized community" and set back the struggle for equality.

Falcis had said he considers the loss a "temporary setback."

"In other countries from the US to Australia to Taiwan, they had to lose before they won marriage equality," Falcis said after the ruling came out.

"The Philippines will be no different. The future for the LGBT community is colorful like a rainbow," he added. —NB, GMA News