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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 Partys application for registration should be


granted.
Comelecs citation of the Bible and the Koran in denying
petitioners 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.