The Supreme Court (SC) on Tuesday junked the petition to allow same-sex marriage in the country “due to lack of standing, violating the hierarchy of courts and failure to raise an actual, judiciable controversy.”
Petitioner Atty. Jesus Nicardo M. Falcis III wanted Articles 1 and 2 of the Family Code declared as “unconstitutional” and seeks to dismiss Articles 46(4) and 55 (6) through certiorari (high court review) and prohibition.
Article 1 of the Family Code states that “marriage is a special contract of permanent union between a man and a woman entered into in accordance with law for the establishment of conjugal and family life” while Article 2 says that no marriage is valid without the legal capacity of the contracting parties who must be a male and a female and their consent freely given in the presence of a solemnizing officer.
Article 46 (4) includes concealment of homosexuality or lesbianism as a ground for a union to be considered fraud.
Article 55 (6), meanwhile, carries lesbianism or homosexuality of the respondent as a basis for legal separation.
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The SC said it understands the plight of the lesbian, gay, bisexual, transgender, queer, intersex (LGBTQI+) community but transferred the responsibility of recognizing their partnership to Congress.
