Philippines Supreme Court Rejects Challenge to Marriage Restrictions; Cites 'Lack of Standing'
In a Sept. 3 ruling, the Philippines Supreme Court turned away a challenge to that nation's ban on marriage equality for same-sex couples, reports Rappler.
The challenge had been brought in 2015 by a lawyer and radio host named Jesus Falcis, reported CNN. Falcis filed a petition for the court to find sections on the country Family Code to be unconstitutional, since the Family Code restricts access to legal marriage to mixed-gender couples, whereas the constitution of The Philippines says nothing about marriage being limited to heterosexuals.
Although the court agreed that the constitution of The Philippines does not specify that couples entering into marriage must be of different genders, it turned the petition away because, the ruling said, Falcis - who is single - was not affected by the current law and was therefore not directly affected by it - in other words, he lacked standing, the CNN article explained.
Falcis had anticipated that, however, and was joined in 2016 by two couples who are directly affected. One couple is gay, and the other lesbian, the CNN story said.
But the judges had other reasons for turning the petition away, saying that it did not address a "justifiable controversy," media reports said.
The ruling read in part:
Good intentions are no substitute for deliberate, conscious and responsible action. Litigation for the public interest for those who have been marginalized and oppressed deserve much more than the way that it has been handled in this case.
Chief Justice Liucas Bersamin indicated in comments to the press on Sept, 4 that if a case does come before the court that meets the requisite criteria, that case would be addressed on its own merits. Rappler quoted Bersamin as saying, "That case did not resolve anything about same-sex marriage, the opinions expressed there will not be controlling."
The Court also opined that the nation's lawmakers should take up the question.