Fwd: Fw: [global2local] FYI: SC Allows Ang Ladlad to Join May Poll
paula jojart
From: Zuzana Magurová <usap...@savba.sk>
Date: 2010/4/14
Subject: Fw: [global2local] FYI: SC Allows Ang Ladlad to Join May Poll
To: paula jojart <paula...@gmail.com>
Please find below news of a recent, important decision by the Philippine Supreme Court on the participation of an LGBT group in the upcoming elections.
In solidarity,
IWRAW Asia Pacific
-------- Original Message --------
| Subject: | SC Allows Ang Ladlad to Join May Poll |
|---|---|
| Date: | Wed, 14 Apr 2010 16:08:50 +0800 |
| From: | Rea Abada Chiongson <rachi...@mac.com> |
Dear Colleagues and Friends,
SC allows Ang Ladlad to join May poll
abs-cbnNEWS.com | 04/08/2010 1:20 PM
MANILA, Philippines - The Supreme Court on Thursday approved the petition of Ang Ladlad group to represent lesbians, gays, homosexuals, and bisexuals (LGBT) as a party-list group in the May 10 elections.
In a decision penned by Associate Justice Mariano del Castillo, the Supreme Court overturned the decision of the Commission on Elections disqualifying Ang Ladlad's application as a party-list group.
The court said the Comelec erred in its decision to deny Ang Ladlad's accreditation as a party-list group based on moral grounds.It said the poll body failed to explain "what societal ills are sought to be prevented, or why special protection is required for the youth" to justify the denial of accreditation of Ang Ladlad.
"We hold that moral disapproval, without more, is not a sufficient governmental interest to justify exclusion of homosexuals from participation in the party-list system.The denial of Ang Ladlad’s registration on purely moral grounds amounts more to a statement of dislike and disapproval of homosexuals, rather than a tool to further any substantial public interest," the decision read.
It added: "Respondent’s blanket justifications give rise to the inevitable conclusion that the Comelec targets homosexuals themselves as a class, not because of any particular morally reprehensible act. It is this selective targeting that implicates our equal protection clause."
The
Supreme Court said its role in deciding the case "is not to impose its own view
of acceptable behavior. Rather, it is to apply the Constitution and laws as best
as it can, uninfluenced by public opinion, and confident in the knowledge that
our democracy is resilient enough to withstand vigorous
debate."
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