MARRIAGE..

of the Family Code (re: homosexuality and lesbianism as grounds for annulment and legal separation) are also unconstitutional; and

H. Whether or not the parties are entitled to the reliefs prayed for.

In his petition, Falcis sought to nullify Articles 1 and 2 of the Family Code as well as Articles 46 (4) and 55 (6) of the same law. Articles 1 and 2 limit marriages between man and woman while Articles 46 (4) and 55 (6) cite lesbianism or homosexuality as grounds for annulment and legal separation.

The Office of the Solicitor General argued Falcis’ petition fails to demonstrate an “injury in fact” from the implementation of the Family Code. Injury in fact is the litigant’s “personal and substantial interest in the case such that he has sustained, or will sustain, direct injury as a result of (the law’s) enforcement.”

Falcis is also asking the SC to “prohibit the Civil Registrar-General from enforcing the aforementioned portions of Articles 1 and 2 of the Family Code in processing applications for and in issuing marriage licenses against homosexual couples.”

The petitioner argued that such limitations imposed by the Family Code favoring only opposite-sex marriages effectively repealed the 1949 Civil Code, which did not make a distinction.

He argued that “Articles 1 and 2 of the Family Code violate his constitutionally protected right to due process and equal protection, right to decisional privacy and right to found a family in accordance with religious conviction.”

He said limiting marriage between a man and a woman is a grave abuse of discretion considering that the Constitution does not define marriage solely as between a man and a woman and that even the Family Code does not require married individuals to procreate or have the ability to procreate.

He also argued that “heterosexuals are no better parents than homosexuals” just as “homosexuals are not necessarily worse parents than heterosexuals.”

“Homosexuals can raise children well in the same manner that hetero- sexual couples can. While there is no assurance that gays will not be bad or incompetent parents, there is also no assurance that heterosexuals will not be bad or incompetent parents. This Honorable Court has itself stated that sexual preference or moral laxity alone does not prove parental neglect or incompetence,” he said.

Falcis added that homosexuals, like heterosexuals, can also fulfill marital obligations laid down by the Family Code, such as the obligation to live together, observe mutual love, respect and fidelity and render mutual help and support, fix the family domicile and support the family, and pay the expenses for such support and other conjugal obligations. (PNA)