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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.
Comment #5 was deleted by an administrator on 2019-10-03 16:15
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
Comment #7 was deleted by an administrator on 2019-10-03 16:15
Comment #8 was deleted by its author on 2019-09-17 18:12
Comment #9 was deleted by an administrator on 2019-10-03 16:15
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
Comment #12 was deleted by an administrator on 2019-10-03 16:14
Comment #13 was deleted by its author on 2019-09-21 13:43
Comment #14 was deleted by an administrator on 2019-10-03 16:14
Comment #15 was deleted by an administrator on 2019-10-03 16:14
16. 2019-09-25 05:17  
"Ah welcome back @bludude06 with your libellous comments. "

"Aha! Welcome back @edsmale. Another post that has absolutely nothing to do with the topic from a poster who contributes precious little. Enjoy yourself!"


so i see that I'M NOT THE ONLY ONE that you pick on and wanna cause issue with on this site, mr. gunolih .. you always wanna bitch on other people apparently .. sounds to me that you need to fuck a hot rice boy today, actually, you need one ASAP in fact! and don't you ever mess with edsmale especially, he happens to be a very HOT hunky handsome stud!
17. 2019-09-25 05:25  
"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."


.. and i assume you are Einstein and know everything? after all you must be a "wise old man", huh? this is why i disapprove of Filipino culture in the first place, much less even being Filipino, because it delves so much into Catholic religion and that "macho" image brought on by Europeans, the "machismo" of it all
18. 2019-09-25 05:28  
"Yeh gunoil I forgot only YOU know anyting about asian culture"


yes of course he does bludude, he a "wise old man" after all, you don't wanna mess with one, especially one that's gotta awfully bitchy attitude on top of that
19. 2019-09-25 16:10  
Philippines is close minded when it comes to LGBTQI.
20. 2019-09-26 02:42  
"Philippines is close minded..."


yes, that's very unfortunate, and just about my entire family is the same way, closed minded people that think too much in a box, and are very religious and traditional, it's so typical of them
Comment #21 was deleted by an administrator on 2019-10-03 16:14
22. 2019-09-27 03:52  
well as always sir, you love to bitch at other people's comments like ya always do :) and yes i do stand corrected, it definitely sounds like you need to pump a hot asian boy's ass immediately .. if i am showering insults at you, sir, it's because you truly deserve it .. again, instead of rationally arguing your points, you simply bitch and snap at other people .. and no, you don't know EVERYTHING to how Asians think and whatever they do, you don't know any of that, because you fail to look on both sides of the coin .. please learn to be more open to what others say and avoid being so snappy bitchy .. but alas, that's all on you, old timer
23. 2019-09-27 05:28  
.. and PLEASE PLEASE PLEASE just quit that bullshit of yours saying "welcome back" so and so, then come up with some tacky idiotic off the chain knockoff of a comment right after that, really sir? can you really be that spineless of an old troll?
24. 2019-09-27 05:29  
i mean, seriously, sir? can you be that fucked up spineless?
Comment #25 was deleted by an administrator on 2019-10-03 16:14
26. 2019-09-28 06:33  
why can't you respect people's privacy, sir? perhaps people want to be in the closet to protect their private life, has that ever entered that Geritol mind of yours? no, instead you badmouth them to an oblivion and pin them to the wall .. i take it back sir, you are not a bitch after all .. actually, you're a JACKASS .. or even better, an ASSHOLE, too .. and if your dick is really THAT big, i assume that is what you are as well .. a big DICK .. all thanks to your arrogant and condescending attitude, who really fucking cares how many Asian countries you been to, you are not Asian anyway (in case you haven't noticed, check your mirror to make sure) .. and stop checking out my profile, you creeping me out! it's a shame that blacklist button doesn't work on you or in these forums


"There is not enough discussion on these forums, as was perfectly obvious to everyone long before I rejoined this site."

and there you go again with the "ME" factor, "before I REJOINED this site" .. oh who fucking cares sir, you and your arrogant condescending attitude is just tacky, honey .. just cancel it altogether and try a more sensible, understanding approach for once .. unless you want your bedpan, i have one waiting for you, sir ;)
Comment #27 was deleted by an administrator on 2019-10-03 16:14
28. 2019-09-28 10:27  
"Oh, and what on earth does this mean - "stop checking out my profile"?"


if you would kindly refer to your left hand panel menu on your profile, sir .. where it says "user lists", then go to "tracks", YOUR profile is showing right there .. there's no denying that YOU visited my profile, and guess what? i did the same thing too, thought i'd check you out as you ride that crazy toy of a horse at the park .. you know, that picture you have in your profile that shows just how mature you are for an old timer like you


"Careful @obongobong! You are going to give yourself a heart attack or some other such malady - and i would not wish that to happen to anyone."


honey baby, i would never wish that on you either, sir .. but i assume you are afraid of a bedpan, eh? ok fine, i'll be more polite and say a CANE instead, or a walker .. i did not mention any malady, illness nor disease onto you, not once .. oh my, how touching was that?
29. 2019-09-28 10:30  
the fact that you pick on others just for their responses is so tacky and so lame, sir, that is the bottom line .. then you bitch about it and toss out your condescending arrogant remarks .. if you want to argue on something, keep to the topic at hand instead of singling out people and kicking them to the curb, not nice at all
Comment #30 was deleted by an administrator on 2019-10-03 16:13
31. 2019-09-28 23:44  
gunolith20 seems that ONCE AGAIN, you are in a conflict situation with people on this site... you can NOT leave people alone... I know, its all about you......You seem to love getting into it with nice people here too bad some of their personality traits don't rub off on you... And yeh I agree with others... NO ONE CARES about your life in Asia or who you have seen or been with. Why are you here? I have to ask myself this question over and over.... Surely a wonderful complete man such as yourself has much better things to do with his time... OR NOT. Pathetic...

PS I have been on this site for YEARS, made many good friends and never once had any negative comments or remarks thrown my way except YOURS and you sir are always in conflict... what does that say about you anyway.. at the end of the day you need to look in the mirror (horror) and ask yourself how can I be a better person. Dont bother to comment on my submissions further as I will not respond or waste even one move second on you.
32. 2019-09-28 23:46  
I would suggest to regular readers of this forum not to waste your time engaging this guy further there is no value. Why fuel this guys obvious need for conflict... Spend your time engaging others who have something to contribute and are actually nice people... just my 2 cents.
33. 2019-09-29 02:19  
"So you repeat yet again you don't like my photos. You think I am concerned about that? Not in the slightest!"


i didn't say i did not like your photos, sir (did i say you were ugly, did i say i'm not attracted to you?), please re-read my comments to make sure your fragile old outdated expired mind is actually getting the message! you are actually handsome, even though i may get sick and puke at what i just said, but your condescending arrogance is a HUGE MAJOR turn off .. and it's so funny how YOU are still checking out my profile, you've done this time and time again, yet you fail to admit that .. guess when you are as old as you are you do indeed forget things, eh? you really should switch gears and change the way you snap at people in your posts, but of course, old men like you can be stubborn and pigheaded .. once again, i got this BEDPAN here waiting on you and is ready for YOU to slide in there


"Just the same old song. Keep singing in your closet. The trouble with that is that few outside any closet can actually hear what's going on inside."

what is it with you and THE CLOSET, sir? why you hate closets? do you have a nasty dirty thing about them? here's a thought for you: go take all your clothes and other belongings out of your closet and put them outside for all to see, like your LIVING ROOM or KITCHEN, so that EVERYONE can see ALL of your stuff! perhaps that might make you feel better, because again, you HATE AND DESPISE CLOSETS!!

(translation: it's called PRIVACY, sir .. if people want to keep their sexuality hidden, they have every motherfucking right to do so, because NOT EVERYONE IS PERFECT LIKE YOU!)
34. 2019-09-29 02:25  
"gunolith20 seems that ONCE AGAIN, you are in a conflict situation with people on this site... you can NOT leave people alone... I know, its all about you"

THANK YOU, bludude! the old timer does NOTHING but get into conflicting arguments with others on this site and never shows any interest in the topic that is being discussed, he throws people off tremendously in his posts .. at least on the face of it, he looks like a sensible decent elderly man, but his arrogant condescending attitude is just awful! it makes him look like a total jackass, it is ALWAYS about HIM, he doesn't care about what anyone else thinks


"I would suggest to regular readers of this forum not to waste your time engaging this guy further there is no value. Why fuel this guys obvious need for conflict"

yes that's a good idea, bludude .. if only the blacklist would work in the open forums, but it does not, it only works for private conversations, because you can still see the old timer's posts
35. 2019-09-29 04:35  
i'm also guessing shay old timah ain't gettin any asian ass nor some hot asian guy to suck him off .. he's probably deprived of that, poor thang ..

it's what i would call "GERIATRIPAUSE", kinda like menopause but for older men like him, it's a phase he goes thru when he don't get the seXXX he needs
Comment #36 was deleted by an administrator on 2019-10-03 16:13
37. 2019-09-30 09:06  
"But when you make stupid comments, guess what happens? Oh and by the way I was on this site for 10 years from around 2004."


i see we're projecting here, aren't we sir? i believe it is YOU who is making such stupid comments!


"Because most of the people who have traditionally written comments on the news items in recent years write stupid little epithets, usually with little knowledge of what they write about."


once again sir, you think you know EVERYTHING about Asian culture and Asia itself, you might be the old wise man, but just because you been to a million countries in Asia does not mean you know everything about it, sorry


38. 2019-09-30 09:09  
actually getting BACK on topic for once, aside from "old wise man", i do think Philippines needs to get its act together in dealing with gay marriage .. as long as it abides by such Catholic religious views and traditional ways, it won't ever learn much about LGBT culture .. having boxing icons like Manny Pacquiao and his stance on gays/gay marriage does not help the country much either, unfortunately, and it has a long way to go in acceptance of gays
Comment #39 was deleted by an administrator on 2019-10-03 16:13
40. 2019-09-30 14:45  
"even those out of the closet - and there are a lot in Manila out of the closet. But back to what you wrote -"
"Then just go back into their glass houses and your closets."


Good Lord, sir, didn't i already advise you to just take out all of your clothes, belongings and who in the hell knows what you got in there and just sprawl 'em out in your living room or kitchen, damnit?!?!? i mean for an old timer like you, you must REALLY hate those closets, don't you? sometimes i wonder where the hell you put all of your belongings in the first place, honey!



"@bludude06 – 7 posts
@captian – 7 posts
@edsmale – 4 posts
@HappyWilly – 2 posts"


oh my heavens to murgatroid, honey, so THIS is what you are actually doing in your age of retirement? you go back to the days of SESAME STREET and count those numbers for us like ya did in preschool .. i see sir .. well in case you haven't noticed, all of us here already know how to count and we know our numbers so you counting for us really isn't necessary :) but, hey, ya gotta do something to keep yourself busy while you're retarded .. oops! sorry, i meant RETIRED .. damn keyboard!!
Comment #41 was deleted by an administrator on 2019-10-03 16:13
42. 2019-10-01 00:39  
"just an overripe closeted mind. So typical!"


just give it up already, really, just GIVE IT UP!!
once again, and i'll tell you again if i have to, if you DON'T like closets, just take your fucking belongings outta there and put 'em somewhere else!


"I write facts."


if we want facts, we will look up an almanac or encyclopedia for the FACTS, your facts are your opinions, and unfortunately, your opinions also tend to push people's buttons on here .. that is exactly what you are, you are an instigator, you push people's buttons and make them pissed and get angry with you, because that is what you want and you expect it .. don't deny it!



and interesting, you're 49, just two years older than me? really? i actually thought you were much older than that, thought your profile had you in your 60's .. i think you changed your age on purpose? hmmmm?
Comment edited on 2019-10-01 00:41:26
43. 2019-10-01 00:41  
.. and you write FACTS, huh? LOL .. if you say so
44. 2019-10-01 00:50  
you really need to understand that NOT ALL people are openly gay and not all people are going to share their sexuality with everyone, SOME people are either not ready to do so, or they are not willing to accept and embrace their sexuality just yet .. you need to RESPECT people like those and realize that NOT EVERYONE is like you .. but you only see one side of the coin, and need to see the entire picture, which you don't .. and that's a shame, because you are a handsome man, if only you were not so arrogant and condescending .. i honestly don't know how your partner puts up with a man like you? but hey, more power to your partner for doing so i guess
45. 2019-10-01 00:52  
.. and for God's sake, please put your damn fucking age in your profile or whatever real age it is! so that we know you are NOT some "old timer" of a man who's retired and is in need of a bedpan, etc. etc. etc.
Comment #46 was deleted by an administrator on 2019-10-03 16:12
Comment #47 was deleted by its author on 2019-10-01 11:37
48. 2019-10-02 00:45  
.. and yet you whine and complain about authenticity about profiles on this site, and you do the same thing? you're pathetic, tacky and moronic, sir! who cares how old you are, you look old anyways, so i'll treat you that way! the exact same way you take face value to others
49. 2019-10-02 02:22  
Some people hold up with age while others don't... Sad to see and no wonder people think you are much older..... Good luck with that. blu :-)
Comment #50 was deleted by an administrator on 2019-10-03 16:12
Comment #51 was deleted by its author on 2019-10-03 00:32
Comment #52 was deleted by its author on 2019-10-03 00:31
Comment #53 was deleted by its author on 2019-10-03 00:31
54. 2019-10-03 08:04  
the fact that you love to chastise and berate closeted people is just plain wrong, sir, just like what you are doing to people on here who have "outdated profiles" or "outdated pictures and photos", why the fuck do you care anyway? and PLEASE once again, sir, STICK TO THE MOTHERFUCKING TOPIC for once! apparently you forgot that this is about the Philippines and NOT about YOU .. but of course, it's ALWAYS about YOU and ONLY YOU, isn't it?
Comment edited on 2019-10-03 08:04:53
Comment #55 was deleted by an administrator on 2019-10-03 16:12
56. 2019-10-04 23:03  
Ah, cleaned up the thread. Now people can concentrate on moving forward with gay marriage in Philippines, as the subject of the story, instead of endlessly being trolled....yes Philippines is very conservative (due to fukd up influence of Spanish catholic influence), but the only way to change it, as is anywhere, is to fight in courts. One loss is not the end of the fight.
57. 2019-10-05 11:40  
I agree edsmale; about being trolled and about the unhealthy Catholic influence in the world. More and more LGBT Filipinos and their families/friends are demanding change. I wish them all the best!
58. 2019-10-06 01:45
"yes Philippines is very conservative (due to fukd up influence of Spanish catholic influence), but the only way to change it, as is anywhere, is to fight in courts"


yes that's so unfortunate, some of these ppl still cling to their religious and traditional views .. my family for one is that way, it's really sad .. and i do get frustrated at times that this is the case .. if all filipinos had a more open mind to homosexuality, there would be no closeted people .. manny pacquiao and his stance on gay marriage (and perhaps gays in general? though not sure on this) is just one reason why filipinos will never understand any of this and why their minds are just locked into the past
Comment edited on 2019-10-06 01:46:30
59. 2019-10-06 01:48
"More and more LGBT Filipinos and their families/friends are demanding change."


this is so important, and it is for the better .. i really do wish my family and relatives would stop being so one sided, closed minded on things, and stop having such negative views toward LGBT, it does get depressing and frustating

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