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ANG LADLAD v. COMELEC
Facts: This is a Petition for Certiorari under Rule 65 of the Rules of Court, with an application for a writ of preliminary mandatory injunction, filed by Ang Ladlad LGBT Party (Ang Ladlad ) against the Resolutions of the COMELEC dated November 11, 2009 (the 1st Assailed Resolution) and December 16, 2009 (the 2nd Assailed Resolution).The case has its roots in the COMELEC’s refusal to accredit Ang Ladlad as a party-list organization under RA 7941, otherwise known as the Party-ListSystem Act.
Before the COMELEC, Ang Ladlad argued that the LGBT (lesbians, gays, bisexuals and transgender) community is a marginalized and under-represented sector that is particularly disadvantaged because of their sexual orientation and gender identity; that LGBTs are victims of exclusion, discrimination, and violence; that because of negative societal attitudes, LGBTs are constrained to hide their sexual orientation; 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. Ang Ladlad laid out its national membership base consisting of individual members and organizational supporters, and outlined its platform of governance. On August 17, 2009, Ang Ladlad filed a Petition for registration with the COMELEC.
On November 11, 2009, after admitting the petitioner’s evidence, the COMELEC (2nd Division) dismissed the Petition on moral grounds that petitioner tolerates immorality which offends religious beliefs, and advocates sexual immorality. Petitioner should likewise be denied accreditation not only for advocating immoral doctrines but likewise for not being truthful when it said that it or any of its nominees/party-list representatives have not violated or failed to comply with laws, rules, or regulations relating to the elections.´ Furthermore, states COMELEC, Ang Ladlad will be exposing our youth to an environment that does not conform to the teachings of our faith.
Facts: This is a Petition for Certiorari under Rule 65 of the Rules of Court, with an application for a writ of preliminary mandatory injunction, filed by Ang Ladlad LGBT Party (Ang Ladlad ) against the Resolutions of the COMELEC dated November 11, 2009 (the 1st Assailed Resolution) and December 16, 2009 (the 2nd Assailed Resolution).The case has its roots in the COMELEC’s refusal to accredit Ang Ladlad as a party-list organization under RA 7941, otherwise known as the Party-ListSystem Act.
Before the COMELEC, Ang Ladlad argued that the LGBT (lesbians, gays, bisexuals and transgender) community is a marginalized and under-represented sector that is particularly disadvantaged because of their sexual orientation and gender identity; that LGBTs are victims of exclusion, discrimination, and violence; that because of negative societal attitudes, LGBTs are constrained to hide their sexual orientation; 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. Ang Ladlad laid out its national membership base consisting of individual members and organizational supporters, and outlined its platform of governance. On August 17, 2009, Ang Ladlad filed a Petition for registration with the COMELEC.
On November 11, 2009, after admitting the petitioner’s evidence, the COMELEC (2nd Division) dismissed the Petition on moral grounds that petitioner tolerates immorality which offends religious beliefs, and advocates sexual immorality. Petitioner should likewise be denied accreditation not only for advocating immoral doctrines but likewise for not being truthful when it said that it or any of its nominees/party-list representatives have not violated or failed to comply with laws, rules, or regulations relating to the elections.´ Furthermore, states COMELEC, Ang Ladlad will be exposing our youth to an environment that does not conform to the teachings of our faith.