Solicitor General wants same-sex marriage petition in the Philippines junked

supreme court
HOPEFUL. A group of participants of the Metro Manila Pride March on June 27, 2015 poses in front of the Supreme Court with rainbow flags, urging the court to follow suit the SCOTUS ruling that legalized gay marriage in the United States. Photo by Speqtrum

The Office of the Solicitor General, which represents the Philippine government while serving under the Office of the President, has outrightly declared it is against same-sex marriage.

This dashed hopes the legal arm of the Philippine government would ever support such a measure to recognize the right to marry of the Filipino LGBT.

In an report Friday, Solicitor General Florin Hilbay said the office would file a comment to the Supreme Court to dismiss a pending petition to legalize same-sex marriage in the Philippines.

He made the statement when asked for his position on same-sex marriage during his interview with the Judicial and Bar Council (JBC) for his bid as Supreme Court Justice.

“We will file a comment seeking dismissal of that petition. I believe, according to the rules, that the petition ought to be dismissed,” Hilbay was quoted in the report.

Hilbay said the petition filed by openly out lawyer Jesus Nicardo Falcis II has no merit.

READ: Legalizing same-sex marriage isn’t divorcing history

Falcis in his petition urged the high court to nullify Articles 1 and 2 as well as Articles 46 (4) and 55 (6) of the Family Code.

Articles 1 and 2 limit marriage between man and woman.

Articles 46(4) and 55 (6) cites lesbianism or homosexuality as grounds for annulment and legal separation.

Falcis said the Family Code violates his constitutional right to liberty and equal protection of the law.

Falcis made a bid to nullify such provisions of the Family Code, the existing law that prohibits same-sex marriage in the Philippines.

Rights of the LGBT are limited in the predominantly Catholic country, where the influential Church considers homosexuality an intrinsic disorder, and same-sex marriage as a sin to chastity.

READ: Catholic church calls same-sex marriage ‘sin to chastity’

The Philippines also does not have its own legislation to criminalize discrimination based on gender.

READ: Catholic Church hates anti-discrimination bill more than RH law, solon says

The Solicitor General’s statement also puts a rain over the LGBT parade held in Metro Manila on June 28, 2015, or just a day after the United States Supreme Court declared that same-sex marriage falls under the 14th Amendment of the US Constitution.

Filipino LGBTs in the Metro Manila Pride March last year carried slogans hoping for a similar ruling in the Philippine Supreme Court.

A couple in matching red polo shirts held out placard painted with a rainbow band: “Thank you US Supreme Court for Marriage Equality.”

HOPEFUL. A couple who attended the 2015 Metro Manila Pride March holds out a rainbow colored slogan expressing gratitude to the US Supreme Court for ruling to uphold same-sex marriage. Photo from

During the march, another group of LGBT posed in front of the Supreme Court holding rainbow flags, with the hope that it would also uphold same-sex marriage.

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