MANILA, Philippines — A recent Supreme Court ruling equating hiding one’s sexual orientation from a spouse to fraud “sets a dangerous precedent” for how homosexuality is interpreted under the law, said an LGBTQ+ rights group on Tuesday.
Bahaghari made the pronouncement after the SC, in a decision released the same day, ruled in favor of an annulment case between a woman and her husband, who she accused of hiding his sexual orientation from her.
READ: SC: Hiding sexual orientation from spouse is fraud, ground for annulment
The High Court ruled that under Article 46 of the Family Code, the “concealment of homosexuality or lesbianism” from a spouse constituted fraud.
Bahaghari acknowledged that couples “should have the right to separate if they are incompatible,” but blasted the ruling for how it was written with “pointless and dehumanizing stereotypes.”
The group warned that the ruling could simply “fuel the existing backward and oppressive culture against members of the LGBTQ+ community.”
“Homosexuality is not fraud. And it should certainly not be written as equivalent to disease, alcoholism, and drug addiction, which is the present formulation under Article 45 of the Family Code,” Bahaghari chair Reyna Salinas told INQUIRER.net when asked to comment on the SC ruling.
“We have a flawed legal framework for the LGBTQ+ community; it should not be further compounded by a judiciary that writes about homosexuals in such a pointlessly dehumanizing manner,” she added.
Salinas also took issue with specific declarations in the decision, tagging them as “plain and simple stereotyping.”
The SC in the ruling stated that “no woman would put herself in a shameful position if the fact that she married a homosexual was not true.” and that “no man would keep silent when his sexuality is being questioned thus creating disgrace in his name.”
“This is plain and simple stereotyping. It is not ‘shameful’ to be married to a homosexual. It is not ‘disgraceful’ to be asked about one’s sexuality,” said Salinas.
“The SC should be reminded that sexuality is a complex human phenomenon, and there exist cultural and political pressures that govern human relationships, where cisgender and heterosexual relationships are seen as the norm, and Filipinos are repeatedly pressured to fit this norm or else suffer isolation and even violence,” she added.
Legalize divorce
According to Salinas, The SC ruling proves the necessity of legalizing divorce.
“Legalize absolute divorce, and include no-fault grounds for separation. Ibig sabihin, bigyan natin ng pagkakataon ang mag-asawa na maghiwalay nang hindi tinuturing na kasalanan ang dahilan ng separation—including incompatibility,” said Salinas.
The ruling also stressed the need to pass the Sexual Orientation, Gender Identity, Expression, and Sex Characteristics (SOGIESC) Equality Bill, and to advocate for the use of inclusive and non-discriminatory language as a standard across all government institutions and processes.
“The SC must be acutely aware of its role in shaping policy and public perception. They can either promote a culture that vilifies and strips the rights of the LGBTQ+ community, or promote a culture of love, non-discrimination, and equality in all forms in society,” said Salinas. /cb