SC asked to void Family Code provisions prohibiting same sex marriage

By on May 28, 2015


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MANILA — A taxpayer has questioned before the Supreme Court (SC) some provisions of the Family Code prohibiting same sex marriage.

In a 31-page petition filed by Jesus Nicardo Falcis III, who identifies himself as a homosexual, he asked the SC to declare as “unconstitutional” Articles 1 and 2 of the Family Code, or Executive Order No. 209, which provide that marriage is limited only between a male and a female.

The petitioner argued that the said provisions violate the right of homosexuals to raise their own family and that this right is guaranteed by Section 3 of the 1987 Philippine Constitution.

He added that based on the 1987 Constitution, marriage is not limited between a male and a female.

Falcis claimed that the decision of the individuals, whether homosexual or heterosexual, to marry a person they like is a private matter which should not be hindered by the State.

He also believes that the provisions of the Family Code being questioned deprive the homosexuals of their right to liberty and equal protection of the laws.

Because of such provisions, Falcis said, the Filipinos who belong to the “third sex” are merely considered as “second class citizens.”

Likewise, Falcis also asked the SC to order the Civil Registrar-General not to implement the assailed provisions in processing the homosexual couples’ application for marriage license.