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CASE DIGEST: ANG LADLAD LGBT PARTY vs. COMMISSION ON ELECTIONS, G.R. No. 190582, EN BANC, April 8, 2010

CASE DIGEST: ANG LADLAD LGBT PARTY vs. COMMISSION ON ELECTIONS, G.R. No. 190582, EN BANC, April 8, 2010

FACTS:

“Ang Ladlad” is an organization of people who identify themselves as lesbians, gays, bisexuals or trans- genders. The Comelec dismissed the petition on moral grounds as “the definition of the LGBT sector makes it crystal clear that it tolerates immorality which offends religious beliefs.”

ISSUE:

Whether or not “Ang Ladlad” party-list application should be denied as the organizationallegedly tolerates immorality which offends religious beliefs.

RULING:

No. The denial of accreditation, insofar as it justified the exclusion by using religious dogma, violated the constitutional guarantees against the establishment of religion; including its constitutional rights to privacy, freedom of speech and assembly, and equal protection of laws, as well as constituted violations of the Philippines’ international obligations against discrimination based on sexual orientation.

Rather than relying on religious belief, the government must act for secular purposes and in ways that have primarily secular effects. “Ang Ladlad” has sufficiently demonstrated its compliance with the legal requirements for accreditation. Hence, its application as a party-list should be granted.

CASE DIGEST | SUPREME COURT | PHILIPPINES | CONSTITUTIONAL LAW

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