CASE DIGEST: ANG LADLAD LGBT PARTY vs.

COMMISSION ON
ELECTIONS, G.R. No. 190582, EN BANC, April 8, 2010

FACTS:

“Ang Ladlad” is an organization of people who identify

themselves as lesbians, gays, bisexuals or trans- genders. The
Comelec dismissed the petition on moral grounds as “the
definition of the LGBT sector makes it crystal clear that it
tolerates immorality which offends religious beliefs.”

ISSUE:

Whether or not “Ang Ladlad” party-list application should be

denied as the organization allegedly tolerates immorality which
offends religious beliefs.

RULING:

No. The denial of accreditation, insofar as it justified the exclusion

by using religious dogma, violated the constitutional guarantees
against the establishment of religion; including its constitutional
rights to privacy, freedom of speech and assembly, and equal
protection of laws, as well as constituted violations of the
Philippines’ international obligations against discrimination based
on sexual orientation.

Rather than relying on religious belief, the government must act

for secular purposes and in ways that have primarily secular
effects. “Ang Ladlad” has sufficiently demonstrated its
compliance with the legal requirements for accreditation. Hence,
its application as a party-list should be granted.