MANILA, Philippines — A recent Supreme Court ruling equating the concealment of homosexuality with fraud raises serious concerns about how the law interprets sexual orientation. LGBTQ+ advocates warn this decision sets a dangerous precedent for the community’s rights and dignity.
On Tuesday, an LGBTQ+ rights group voiced strong criticism after the Supreme Court ruled in favor of a woman seeking an annulment from her husband, who she accused of hiding his sexual orientation. The decision cited Article 46 of the Family Code, declaring that concealing homosexuality from a spouse amounts to fraud.
Controversial Legal Interpretation of Concealment of Homosexuality
Bahaghari, a prominent LGBTQ+ organization, acknowledged that couples should have the right to separate if they are incompatible. However, they condemned the ruling’s language, which they described as filled with “pointless and dehumanizing stereotypes.” The group fears this judgment could worsen the already oppressive attitudes toward LGBTQ+ individuals in society.
Reyna Salinas, chairperson of Bahaghari, told local sources, “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.” She emphasized that the legal framework for LGBTQ+ rights is already flawed and should not be further damaged by such judicial language.
Salinas also criticized specific statements in the ruling, labeling them as “plain and simple stereotyping.” The Supreme Court claimed, “no woman would put herself in a shameful position if the fact that she married a homosexual was not true,” and “no man would keep silent when his sexuality is being questioned thus creating disgrace in his name.”
She responded, “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.” Salinas stressed that sexuality is complex and influenced by cultural and political pressures, where heterosexual and cisgender relationships are still viewed as the norm. Filipinos often face isolation or violence for not fitting these norms.
Calls to Legalize Divorce and Promote Equality
Salinas said the ruling highlights the urgent need to legalize divorce in the Philippines. “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,” she explained.
The decision also underscored the importance of passing the Sexual Orientation, Gender Identity, Expression, and Sex Characteristics (SOGIESC) Equality Bill. Advocates urge government institutions to adopt inclusive and non-discriminatory language to protect LGBTQ+ rights nationwide.
Salinas concluded, “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.”
For more news and updates on LGBTQ+ rights, visit Filipinokami.com.
