Why SC thumbed down same-sex marriage

September 04, 2019

CHIEF Justice Lucas Bersamin yesterday said that the Supreme Court dismissed the petition on same-sex marriage for lack of substance.

Bersamin said the petition of lawyer Jesus Falcis cannot be even used as a precedent. 

“Right now, that case did not resolve anything about same sex marriage. The opinions that were expressed there will not be controlling. Wala kaming matatawag na precedent doon because all of these opinions that they (justices) submitted are merely dictum proprium (personal opinion),” Bersamin told reporters.

Falcis, the petitioner in the petition to legalize same sex marriage, considered the SC ruling dismissing his petition “a temporary setback.”

“The Supreme Court has made its judgment on the petition. But history will be the ultimate judge..This is a temporary setback. In other countries from the US to Australia to Taiwan, they had to lose before they won marriage equality,” Falcis said.

Falcis said it was sort of a victory for the LGBTQI+ community when the SC held an oral argument  on his petition because “this gave the opportunity to educate the public.”

“The Philippines will be no different. The future for the LGBT community is colorful like a rainbow,” he said.

SC public information chief Brian Keith Hosaka said the petition was junked for “lack of standing of petitioner Falcis, violation of principle of hierarchy of courts and failing to raise actual, justiciable controversy.”

The decision was penned by Associate Justice Marvic Leonen.

“The court through the ponente, AJ Marvic Leonen, recognized the protracted history of discrimination, and marginalization faced by the lesbian, gay,  bisexual transgender, queer, intersex, and other gender sexual minorities (LGBTQI+) community, along with their still ongoing struggle for equality, acknowledged that 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,” the SC statement said.

Falcis, who admitted to being gay, filed the controversial petition for certiorari and prohibition. He was joined by male couple Crescencio Agbayani and Marlon Felipe and Sugar Ibanez and her partner.

Falcis is asking the Court to nullify portions of Articles 1 and 2 of the Family Code, which defines and limits marriage as between man and woman, and to nullify portions of Articles 4.6 (4) and 55 (6), which mentions lesbianism or homosexuality as grounds for annulment, and legal separation of the Family Code as a consequence of the unconstitutionality of Articles 1 and 2.