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10 Sep 2019

Philippines Supreme Court upholds ban on same-sex marriage

The Philippines' highest court has dismissed a petition to allow same-sex marriage, ruling that the applicant doesn't have a partner and therefore can't claim to be a victim of existing laws.

Jesus Falcis, a 33-year-old radio show anchor and attorney, sought to declare Articles 1 and 2 of the Family Code unconstitutional. These provisions limit marriage to a union between a man and a woman.

"I am out since the age of 15 and I suffered from discrimination throughout my school years, so I felt the need to advocate for LGBT rights," said Falcis, who filed the application in 2015. "I decided to use the tool of litigation, because it has been successful in other countries -- such as the United States -- to have gay marriage legalized."

But the court dismissed his petition Tuesday due to "lack of standing" and for "failing to raise an actual, justiciable controversy," according to a summary of the court ruling."

"I don't have a partner and therefore can't be considered as having suffered from the consequences of a law which bans gay marriage," Falcis explained.

The court also held Falcis and his co-counsels liable for indirect contempt, accusing them of using constitutional litigation for propaganda purposes.

Falcis described the decision as "disheartening." In an attempt to avoid having his case dismissed on technicalities, he added a gay and a lesbian couple to his petition in 2016. "They had both previously tried and failed to have their marriage recognized and therefore constituted actual cases, but the court chose to ignore them and to focus on me instead," he said.

The court did however acknowledge that the 1987 Constitution "does not define or restrict marriage on the basis of sex, gender, sexual orientation, or gender identity or expression," the court summary said.

It also recognized the long history of discrimination and marginalization faced by the LGBT community and called on Congress to address the recognition of same-sex unions.

An anti-discrimination law, called the SOGIE bill, is currently under review in parliament.

Read the full story here.

Reader's Comments

1. 2019-09-10 20:36  
Fine refile it with a pinoy couple who are legally married abroad, if that can't prove suffering nothing can!
2. 2019-09-10 20:36  
Fine refile it with a pinoy couple who are legally married abroad, if that can't prove suffering nothing can!
3. 2019-09-11 00:48  
Isnt it 2019 now... cmon.
4. 2019-09-11 01:28  
This all boils down to narrow minded religious cultural fanatics, spawn predominantly from the Catholic Church. You are right GoodbyeMrA; refile and go with a group even of married abroad same sex couples.
5. 2019-09-11 10:02  
"The court did however acknowledge that the 1987 Constitution 'does not define or restrict marriage on the basis of sex, gender, sexual orientation, or gender identity or expression,' the court summary said.

"It also recognized the long history of discrimination and marginalization faced by the LGBT community and called on Congress to address the recognition of same-sex unions."

There is enough there to make a further attempt to recognise some form of gay unions. But it was more than stupid for a single man without a partner to try and change the law in a country like The Philippines. Even two men in a recognised union elsewhere will have difficulty I suspect. But if they can get together a dozen or more, then there could be a persuasive case msde. However, it seems that parliament has to act first.

HappyWilly's comment shows how little he knows about Filipino culture and history. He pays no attention to the macho nature of the Filipino male inherited from the Spanish and American colonists. There are Catholics in Thailand and some other Asian countries who are openly gay. As for bluedude06's comment, it is not worth a comment. He clearly knows nothing about The Philippines.
6. 2019-09-15 13:55  
Yeh gunoil I forgot only YOU know anyting about asian culture... forget the fact that i have like 20 very close pinoy friends and spend time with them, vacation with them all the time... you know NOTHING ABOUT ME! You are an old, over the hill, self absorbed ass. Just compare my number of friends and views on this site to yours... nuff said.
Like i said before why not just stay off this site you have little contructive comment to add here.
Comment edited on 2019-09-15 13:59:17
7. 2019-09-15 18:23  
Ah welcome back @bludude06 with your libellous comments. That's the sad thing about those unable to make proper contributions. They merely resort to name calling. Well @ bludude06 that's just fine by me. Fire away.

I am delighted you have lots of close Pinoy friends. I'm happy for you. Perhaps they are all American Filipinos, I don't know. But even if they are not, what is their knowledge of China, Singapore, Malaysia, Indonesia, Nepal, Japan, Bhutan, South Korea and other Asian nations? Maybe you will enlighten us. For only then will I take your comments on Asia with anything other than a large bag of salt.

In the meantime what on earth has the number of "friends" from this site and/or views got to do with the validity of comments here? I'll tell you - absolutely nothing! I am not on this site for line friendships. Such "friends" are pointless to me and I politely delete those kind enough to send a friend request. Even to suggest the validity of a comment is based on the number of friends is utterly childish! In any event, I note that you have acquired an average of 18 friends a year in your 10 years on the site. That's hardly a number of boast of, is it?

I have zero intention of "staying off this site" as you suggest. Another of your jokes, no doubt. Oh, and by the way, there are posters here who have kindly complimented me on my posts. As one poster wrote "@gunoilh2o is trying to induce some real conversations here and make the site more alive. i surely prefer reading some juicy and spicy debates to just "go china!" or "yay LGBT support" comments with nothing else." And he added in case you did not read his comments referring to other posters - "just try to take less things personal."

Perhaps you might care to note the editorial comment on this site - "Personal attacks will not be tolerated." Careful @bludude06. I wonder when the editor might be coming after you. LOL
Comment #8 was deleted by its author on 2019-09-17 18:12
9. 2019-09-17 18:14  
@bludude06 - "Like i said before why not just stay off this site you have little contructive comment to add here".

"Little contructive [sic] comment?" Did you really say that? Have you actually read any of my contributions? Seems highly unlikely. And it's really such a very funny remark because my posts are vastly more constructive and informative than all of yours over the years put together. Want confirmation? Well, you'll get it whether you want it or not.

In all the news threads from #50 to#100, you made precisely five posts - but in fact that should really be four because the oldest one was a repeat. Remember that one? No? Well, I'll quote it.

"It is 2019 Wakeup!"

So informative @bludude06, don't you agree? Especially when it is posted twice. Another is this fascinating post -

"A nice victory keep it going!"

Now, no doubt you consider "It is 2019 Wakeup" as an important contribution. And perhaps "A nice victory keep it going" an even more important one. Well @bludude06 I have news for you. You're wrong! So in future maybe you'd be better sticking to facts - not lies and not slanders on other members of this site.
10. 2019-09-21 07:05  
Het bluedude,
don’t worry about guys advertising what brand of lube they use. Who claim to have a partner but doesn’t show it in status. Who only meet guys for friends...but they must be half his age or less and bottoms. Who only has gloom and doom to spread. Don’t worry about idiots and asses like that. They need to pump up their deflated ego as best they can after paying all the young boys to spend a moment with them. Pity people like that. They will pass soon enough and leave nothing behind.
Comment #11 was deleted by its author on 2019-09-21 09:33
12. 2019-09-21 09:55  
Aha! Welcome back @edsmale. Another post that has absolutely nothing to do with the topic from a poster who contributes precious little. Enjoy yourself! I'll be around for quite some time and you can write whatever nonsense you like. I do love it how you assume everything that is written is fact. Clearly you are not aware that much of what is written on this site is totally untrue.

Since you veered off topic, I will do so likewise. But not to denigrate another poster here. Have you ever clicked on the Personals heading? I have quite a few times because I am always interested to see that always - always - there are around 1,750 so-called members active at any one time - give or take at most 5%. How is that possible? On line membership should show a much greater variety of numbers at different time of the day and night than that.

So I checked at 12:35pm yesterday Bangkok time. Yes, there were exactly 1,750 on line, or so it was claimed. Odd surely that every single country had at least 50 members on line. Odd surely that Saudi Arabia had 52, Nigeria 54 and Reunion 54. But then click on those countries to check the profiles of all those on line. Those countries had just one member! What? 160 are claimed to be on line but in fact only 3 are? The same was true on another occasion I checked when North Korea was listed as having 54 members on line. Once again, in fact there was just one!

So I ran another of my checks on those 1,750 on line members. In fact, only 394 were actually on line. Want more info? Italy was listed at 59. Wrong! Just one actually on line. Finland had 52 but actually only 1. Thailand had 61 but actually only 12. So 77% of the on line membership was fiction!

Fridae was once a great site. It is now a shadow of its former self. The comments of most who respond to the News & Features section is typical of how much this site has gone way downhill.
Comment edited on 2019-09-21 09:55:57
Comment #13 was deleted by its author on 2019-09-21 13:43

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