Ang Ladlad gets SC nod to join polls
The lesbians, gays, bisexuals, and transgender community or LGBT of which many workers in local show business are proudly—if sometimes discreetly—part of, is rejoicing after the Supreme Court decided to allow controversial gay rights group Ang Ladlad to participate as a party-list group in the May 10 elections.
The high court stopped the implementation of two Commission on Elections' (Comelec) resolutions denying the group's accreditation as a party-list group in a decision penned by SC Associate Justice Mariano del Castillo.
The decision affirmed what many had been insisting all along; that, Ang Ladlad complied with the legal requirements for accreditation as a party-list group listed in Republic Act 7941, or the Party-list System Act.
Part of the court ruling read thus:
“We are not blind to the fact that, through the years, homosexual conduct, and perhaps homosexuals themselves, have borne the brunt of societal disapproval. It is not difficult to imagine the reasons behind this censure – religious beliefs, convictions about the preservation of marriage, family, and procreation, even dislike or distrust of homosexuals themselves and their perceived lifestyle. Nonetheless, we recall that the Philippines has not seen fit to criminalize homosexual conduct."
Recall that the Comelec’s Second Division had earlier disqualified the party from running in the national elections based on “immorality” and of being a “threat to the youth” of the country.
The Comelec, as led by its Chairman Jose Melo, voted to deny with finality the group’s petition to join the polls.
“If the entry into the party-list system would only depend on the ability of an organization to represent its constituencies, then all representative organizations would have found themselves into the party-list race,” he said.
Melo was quoted by local media as saying that there is no “substantial differentiation” of LGBTs as a special class of individuals.
“The opportunities are open to every Filipino – Ladlad members included – to aspire for public office,” Melo told a broadsheet.
“Above morality and social norms, they have become part of the law of the land. Article 201 of the Revised Penal Code imposes penalty of prison mayor upon 'those who shall publicly expound or proclaim doctrines openly contrary to public morals' and penalises 'immoral doctrines, obscene publications and indecent shows.'
“Ang Ladlad falls under these legal provisions as seen in their petition that states: Consensual partnerships or relationships by gays and lesbians who are already of age... Moreover, Article 694 of the Civil Code defines nuisance as 'any act, omission or anything else which shocks, defies or disregards decency and morality,'” he said.
The decision prompted derision from many sectors due to what many deemed as “narrow-mindedness” on the part of the Comelec.
Danton Remoto, chairman of Ang Ladlad, described the decision as “homophobic” on the part of the Comelec and promptly asked the SC to reverse the decision.

