Justices call for legislative solutions to “political and moral” questions while settling a dispute between an estranged lesbian couple.
While ruling in favor of a woman seeking her share of a property purchased with a former same-sex partner, the Philippine Supreme Court has issued a direct challenge to lawmakers. The court stated that while it can adjudicate specific property disputes, the broader political and cultural questions surrounding LGBT rights require congressional intervention.
“Political departments, especially the Congress, must be involved to quest for solutions,” the decision read. This call to action highlights the legal vacuum in the Philippines, the only country outside the Vatican without divorce, where LGBT couples historically lack protections regarding finance and healthcare.
Modernizing Justice
The ruling reversed a Court of Appeals decision that had denied a woman’s claim to a property she helped finance. Associate Justice Amy Lazaro Javier noted that the judiciary must adapt to “prevailing values in modern society,” calling the disparity in treatment between heterosexual and homosexual couples “glaring yet unjustified.”
Court spokesperson Camille Ting confirmed this is the first instance where Article 148 of the Family Code was utilized to validate the property rights of a same-sex union.
SOURCES: Philippine Supreme Court Public Information Office, Local Media Reports.
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