Same-sex marriage debates to continue at SC

LGBTQ community and advocates gather at the Supreme Court as the high tribunal holds its oral arguments on the petition for marriage equality. INQUIRER.NET/RYAN LEAGOGO

The Supreme Court (SC) will continue deliberations on whether or not to allow same-sex marriage in the country.

On Tuesday, Solicitor General Jose Calida is expected to participate in the SC deliberations and argue for the government.

Will the government change its stand to favor same-sex marriage considering President Rodrigo Duterte’s recent pronouncement supporting it?

In a 2016 comment submitted by then Solicitor General Florin Hilbay, he urged the high court to dismiss the petition filed by Atty. Jesus Nicardo Falcis on technical grounds.

Hilbay said that even if Falcis described himself as “openly gay” in his petition, he still has no legal standing to file the petition, as he also impleaded for the wrong party in the case.

“In the language of doctrine, petitioner has not demonstrated any ‘injury in fact’ from the operation of the Family Code… Whatever injury petitioner feels is non-particularized for the reason that his interest is shared with the entire universe of people who agree with his advocacy,” Hilbay said.

Hilbay also rebutted the argument of petitioner that his ability to find long-term and monogamous same-sex relationship “is impaired because of the absence of a legal incentive for gay individuals to seek such relationship.”

He said such claim “demeans the capacity of homosexuals to enter into committed relationship,” adding that no evidence was presented to prove that an across-the-board, systematic incentive “will lead gay individuals to choose petitioner over any other homosexual.”

Falcis filed his petition in 2015. A year later, the high court asked the government through the Office of the Solicitor General to comment on the petition. It took the high court two years before deciding to conduct an oral argument on the petition.  /kga