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 transgendered 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.