Ang Ladlad LGBT Party v. Commission on Elections, G.R. No. 190582 (2010)

In 2006 and 2009 the Commission on Elections (COMELEC) denied the Ang Ladlad LGBT Party’s request to register as a political party in the Philippines. The petitioner, Ang Ladlad, is an organization of individuals who identify as lesbian, gay, bisexual, or transgender. COMELEC denied their request under “moral” reasons, arguing that the organization is contrary to Christian and Muslim beliefs and thereby conflicts with the secularity of public morality. In contrast, the Ang Ladlad LGBT Party contended that the denial of registration for reasons related to religion was a violation of the constitutional guarantees that prohibit government establishment of a religion. The Supreme Court ruled in favor of the Ang Ladlad LGBT Party, permitting the organization to register as a political party. The Court found that COMELEC’s refusal to register the organization violated Article 3(5), also known as the establishment clause, of the Constitution because the political party was unable to advance a secular justification beyond mere conformity with religion. The Court also stated that Filipino law provides equal protection and the freedom of expression and association for all citizens. As such, COMELEC was not permitted to deny an equal opportunity to register as a political party for religious reasons.

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  • 2010

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