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    Ang Ladlad LGBT Party v. COMELEC - GR No. 190582, 8april 2010

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    Andre Ates
    The Ang Ladlad LGBT Party filed a petition for certiorari against the Commission on Elections' refusal to accredit it as a party-list organization. The COMELEC denied accreditation on moral grounds, claiming the LGBT sector tolerates immorality offensive to religious beliefs. However, the Supreme Court ruled that the denial violated constitutional guarantees against religious establishment and infringed on rights to privacy, speech, and equal protection. The Court ordered COMELEC to grant Ang Ladlad's application, as religious dogma cannot justify exclusion and the group met legal requirements for accreditation.

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    Ang Ladlad LGBT Party v. COMELEC - GR No. 190582, 8april 2010

    Uploaded by

    Andre Ates
    43 views1 page
    The Ang Ladlad LGBT Party filed a petition for certiorari against the Commission on Elections' refusal to accredit it as a party-list organization. The COMELEC denied accreditation on moral grounds, claiming the LGBT sector tolerates immorality offensive to religious beliefs. However, the Supreme Court ruled that the denial violated constitutional guarantees against religious establishment and infringed on rights to privacy, speech, and equal protection. The Court ordered COMELEC to grant Ang Ladlad's application, as religious dogma cannot justify exclusion and the group met legal requirements for accreditation.

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    Ang Ladlad LGBT Party v. COMELEC_GR No. 190582, 8April 2010

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    The Ang Ladlad LGBT Party filed a petition for certiorari against the Commission on Elections' refusal to accredit it as a party-list organization. The COMELEC denied accreditation on moral grounds, claiming the LGBT sector tolerates immorality offensive to religious beliefs. However, the Supreme Court ruled that the denial violated constitutional guarantees against religious establishment and infringed on rights to privacy, speech, and equal protection. The Court ordered COMELEC to grant Ang Ladlad's application, as religious dogma cannot justify exclusion and the group met legal requirements for accreditation.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    43 views1 page

    Ang Ladlad LGBT Party v. COMELEC - GR No. 190582, 8april 2010

    Uploaded by

    Andre Ates
    The Ang Ladlad LGBT Party filed a petition for certiorari against the Commission on Elections' refusal to accredit it as a party-list organization. The COMELEC denied accreditation on moral grounds, claiming the LGBT sector tolerates immorality offensive to religious beliefs. However, the Supreme Court ruled that the denial violated constitutional guarantees against religious establishment and infringed on rights to privacy, speech, and equal protection. The Court ordered COMELEC to grant Ang Ladlad's application, as religious dogma cannot justify exclusion and the group met legal requirements for accreditation.

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    ANG LADLAD LGBT PARTY represented herein by its Chair, DANTON REMOTO,

    petitioner, vs. COMMISSION ON ELECTIONS, respondent.


    G.R. No. 190582. April 8, 2010

    FACTS:

    A petition for certiorari with an application for a writ of preliminary mandatory


    injunction filed by “Ang Ladlad LGBT Party” against the resolutions of the COMELEC.
    COMELEC refuse to accredit the “Ang Ladlad LGBT Party” as a party-list organization
    under RA No. 7941 otherwise known as the party-list system act. Petitioner argued that
    the LGBT community is a marginalized and under-represented sector that is particularly
    disadvantaged because of their sexual orientation and gender identity and that ”Ang
    Ladlad” complied with the 8-point guidelines enunciated by this Court in “Ang Bagong
    Bayani-OFW Labor Party v. Commission on Elections”. After admitting the petitioner's
    evidence, the COMELEC (Second Division) 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

    WHEREFORE, the Petition is hereby GRANTED. The Resolutions of the Commission


    on Elections dated November 11, 2009 and December 16, 2009 in SPP No. 09-228
    (PL) are hereby SET ASIDE. The Commission on Elections is directed to GRANT
    petitioner's application for party-list accreditation

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