Case Digest: Ang Ladlad LGBT Party vs. Comelec

G.R. No. 190582               April 8, 2010

ANG LADLAD LGBT PARTY vs. COMMISSION ON ELECTIONS 

Facts:

Comelec refused to recognize Ang Ladlad LGBT Party, an organization composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans-gendered individuals (LGBTs),as a party list based on moral grounds. In the elevation of the case to the Supreme Court, Comelec alleged that petitioner made misrepresentation in their application.

Issue:

Whether or not Ang Ladlad LGBT Party qualifies for registration as party-list.

Ruling:

Ang Ladlad LGBT Party’s application for registration should be granted.

Comelec’s citation of the Bible and the Koran in denying petitioner’s application was a violation of the non-establishment clause laid down in Article 3 section 5 of the Constitution. The proscription by law relative to acts against morality must be for a secular purpose (that is, the conduct prohibited or sought to be repressed is “detrimental or dangerous to those conditions upon which depend the existence and progress of human society"), rather than out of religious conformity. The Comelec failed to substantiate their allegation that allowing registration to Ladlad would be detrimental to society.

The LGBT community is not exempted from the exercise of its constitutionally vested rights on the basis of their sexual orientation. Laws of general application should apply with equal force to LGBTs, and they deserve to participate in the party-list system on the same basis as other marginalized and under-represented sectors. Discrimination based on sexual orientation is not tolerated ---not by our own laws nor by any international laws to which we adhere.

Categories: 2010, Ang Ladlad LGBT Party vs. Comelec, Ang Ladlad vs Comelec, April 8, Election Case, G.R. no. 190581, Party list System