The Supreme Court (SC) was asked on Tuesday to declare as unconstitutional certain provisions of the Family Code that disallows same-sex marriage.
Jesus Nicardo M. Falcis 3rd questioned in particular Articles 1 and 2 of the Family Code of the Philippines which he said “limits marriage as between man and woman.” He said these provisions is considered discriminatory and tends to violate homosexuals’ right “to found a family” as protected under Section 3 (1) of the 1987 Constitution.
Falcis, a Metro Manila resident, said these provisions “deprive [him]and other homosexuals the right to liberty without substantive due process of law” and “deny them the equal protection of the laws” and would declare the gays and lesbians as “2nd class citizens.”
“The 1987 Philippine Constitution does not define marriage solely as between man and woman… The right of individuals, homosexual or heterosexual, to choose the person he or she wants to have a relationship with and consequently have that relationship legally recognized with all the concomittant rights and obligations is a private decision for individuals to make, not the state,” he added.
“The Family Code does not require married individuals to procreate or have the ability to procreate. Homosexuals are not ordinarily impotent, and not prohibited by law to adopt, heterosexuals are no better parents than homosexuals, gay individuals are human beings who can love another person just like straight individuals and both gay and straight couples can enter into long-term relationships, and have the same chances of breaking up,” Falcis said.
He also asked the SC to declare as unconstitutional Articles 46 (4) and 55 (6) of the Family Code “which mention lesbianism or homosexuality as grounds for annulment and legal separation.”