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Ang LADLAD LGBT Party vs. COMELEC

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Isang Ay-en
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14 views1 page

Ang LADLAD LGBT Party vs. COMELEC

Uploaded by

Isang Ay-en
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Ang LADLAD LGBT Party Vs.

COMELEC
G.R. No. 190582 April 8, 2010

FACTS: This case involves petitioner Ang Ladlad LGBT Party. The case has its roots in the
COMELEC’s refusal to accredit Ang Ladlad as a party-list organization under Republic Act (RA)
No. 7941, otherwise known as the Party-List System Act.4 Ang Ladlad is an organization
composed of men and women who identify themselves as lesbians, gays, bisexuals, or trans-
gendered individuals (LGBTs).The petitioner argued that the LGBT 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. This Petition is dismissible
on moral grounds. Petitioner defines the Filipino Lesbian, Gay, Bisexual and Transgender
(LGBT) Community, thus a marginalized and under-represented sector that is particularly
disadvantaged because of their sexual orientation and gender identity and proceeded to define
sexual orientation.

ISSUE:
 Whether or not the COMELEC violate Ang Ladlad's constitutional rights by denying their
petition for registration on moral and religious grounds.
 Whether or not the LGBT community a marginalized and underrepresented sector
eligible for party-list accreditation under the Philippine Constitution and Republic Act No.
7941.

RULING:
 The COMELEC violated Ang Ladlad's constitutional rights by denying their petition for
registration on moral and religious grounds
 The LGBT community a marginalized and underrepresented sector eligible for party-list
accreditation under the Philippine Constitution and Republic Act No. 7941.

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