ANG LADLAD LGBT PARTY vs.

COMELEC the Constitution, the Universal Declaration of

Doctrine: Moral disapproval is not a sufficient Human Rights (UDHR), and the International
governmental interest to justify exclusion of Covenant on Civil and Political Rights (ICCPR).
homosexuals from participation in the party-list COMELEC, maintained position on the matter.
system. The commission also argued that the the LGBT
Facts: sector is not among the sectors
Ang Ladlad - an organization composed of men enumerated by the Constitution and RA
and women who identify themselves as 7941.
lesbians, gays, bisexuals, or transgendered Issue and Holding: W/N Ang Ladlad qualifies for
individuals (LGBTs) incorporated in 2003 - first registration as a party-list?
applied for registration with the COMELEC in Ang Ladlad has sufficiently demonstrated its
2006. compliance with the legal requirements for
COMELEC denied Ang Ladlad's application on the accreditation. Indeed, aside from COMELEC's
ground that the organization had no substantial moral objection and the belated allegation of
membership base. nonexistence, nowhere in the records has the
Ang Ladlad then filed another application for respondent ever found/ruled that Ang Ladlad is
registration in 2009, asserting that Ang Ladlad not qualified to register as a party list
complied with the 8-point guideline organization under any of the requisites under RA
enunciated by the Supreme Court in Ang 7941 or the guidelines in Ang Bagong Bayani.
Bagong Bayani OFW Labor Party v. Further, the Supreme Court said that in citing the
Commission on Elections. Bible and the Koran, the COMELEC violated the
COMELEC again denied Ang Ladlad's application non-establishment clause laid down in Sec. 5,
for accreditation in a resolution. But, this time, Article III of the Constitution. COMELEC also failed
COMELEC dismissed the organization's to explain what societal ills are sought to be
application "on moral grounds." COMELEC prevented since their assailed Resolution did not
avers that Ang Ladlad "collides" with Articles identify any specific overt immoral act performed
695 [nuisance- Shocks, defies or disregards by Ang Ladlad, which would make allowing
decency or morality ], 1306(contracts registration to the party detrimental to society.
stipulation: are not contrary to law, morals, Ruling: The Commission on Elections is directed
good customs) and 1409(contracts) of the CC, to GRANT petitioners application for party-list
and Article 201 of the RPC (who shall publicly accreditation.
expound or proclaim doctrines openly contrary
to public morals). COMELEC even used verses ___
from the Bible and Koran to justify their
decision.
Ang Ladlad sought reconsideration. 3
commissioners voted to overturn the assailed
resolution, while 3 commissioners voted to
dismiss Ang Ladlad's MR
Comelec Chairman Jose Melo broke the tie,
upholding the assailed resolution since the
"partylist system is a tool for the
realization of aspirations of marginalized
individuals whose interests are also the
nation's" and Ang Ladlad has yet to justify
how having mixed sexual orientations and
transgender identities is beneficial to the
country.
Ang Ladlad then filed with the Supreme Court a
Petition, praying that the Court annul the
Assailed Resolution and direct the COMELEC to
grant Ang Ladlad's application for accreditation.
The OSG later filed a Comment in support of
petitioner's application. The OSC argued that
the COMELEC erred in denying petitioners
application for reg since there was no basis
for COMELEC's allegations of immorality.
The CHR filed a Motion to Intervene, stating that
the denial of Ang Ladlad's petition on moral
grounds violated the standards and principles of
Roberts v. United States Jaycees, 468 U.S. 609 (1984)
Respo , a nonprofit membership corporation, objective
in its bylaws,: to pursue "such educational and
charitable purposes to promote development of young
men's civic organizations, to inculcate in the individual
membership of such organization a spirit of genuine
Americanism and civic interest,
It also serves as a supplementary education institution
and an avenue for intelligent participation by young
men in the affairs of their community, state and nation.
>7 of membership, Regular membership- limited to
young men ages: 18- 35, associate membership is
available to women and older men,
> An associate member, whose dues are somewhat
lower than those charged regular members, may not
vote, hold local or national office, or participate in
certain leadership training and awards programs.
> Minneapolis and St. Paul chapters of the Jaycees
began admitting women as regular members thus
violating national orgs by laws for 10 yrs- chapter
received sanctions: denying their members eligibility
for state or national office or awards programs, and
refusing to count their membership in computing votes
at national conventions.
>1978, the president of the national organization
advised both chapters that a motion to revoke their
charters
>P filed charges of discrimination, that by laws
violated: Minnesota Human Rights Act (Act) "To deny
and equal enjoyment of goods, services, facilities,
privileges etc of public accommodation because of
race, color, creed, religion, disability, national origin or
sex.."
Also defn: place of pub accom- "a business,
accommodation,etc , whether licensed or not, whose
goods, etc. are extended, offered, sold, or otherwise
made available to the public.
> CIR of the Minnesota Department of Human Rights
affirmed violation, ordered cease and desist.
>national org: by requiring the organization to accept
women as regular members, application of the Act
would violate the male members' constitutional rights
of free speech and association.
>CA in favor of Respo: Act- direct and substantial
interf, discrim not suff compel int. since Jaycee not
wholly public. And ACT is vague since held Kiwanis
Club private
ISSUE:
of applying the Minnesota statute members' freedom
of intimate association and their freedom of expressive
association.
>Bill of Rights -secure individual liberty, so personal
relationships protected from unjustified interference by
the State--- define one's identity that is central to any
concept of liberty.
>Like FAMILY (REQ to consider as intrinsic to personal
lib): distinguished by such attributes as relative
smallness, a high degree of selectivity, and seclusion
from others in critical aspects of the relationship.
> factors that may be relevant include size, purpose,
policies, selectivity, congeniality, and other
characteristics
Chaptes neither small or selective!
-400, 430 members, routine recruit, only age and sex
no other bg check, no one was denied ever, , despite
vote, office, award- women participate substantially
(meet, proj), some act w/ stranger involve
2.) on expressive:
> Court has recognized a right to associate for the
purpose of engaging in those activities protected by
the First Amendment -- speech, assembly, petition for
the redress of grievances, and the exercise of religion.-
means of preserving other individual liberties.
>protected activities of R, Government actions that
may unconsti infringe like it may try to interfere with
the internal organization or affairs By requiring the
Jaycees to admit women as full voting members,
>Freedom of association therefore plainly presupposes
a freedom not to associate.
>The right to associate for expressive purposes is not,
absolute. Infringements on that right may be justified
by regulations adopted to serve compelling state
interests, unrelated to the suppression of ideas, that
cannot be achieved through means significantly less
restrictive.
>YES COMPELLING: compelling interest in eradicating
discrimination against its female citizens justifies.
>X suppression of speech, X distinguish between
prohibited and permitted activity,and X to hamper
organization's ability to express its views. Instead,
State's strong historical commitment to eliminating
discrimination and assuring its citizens equal access to
publicly available goods and services.
> under the Equal Protection Clause, this Court has
frequently noted that discrimination based on archaic
and overbroad assumptions about the relative needs
and capacities of the sexes forces individuals to labor
under stereotypical notions that often bear no
relationship to their actual abilities. It thereby both
deprives persons of their individual dignity and denies
society the benefits of wide participation in political,
economic, and cultural life.
> Thus, in explaining its conclusion that the Jaycees
local chapters are "place[s] of public accommodations"
within the meaning of the Act, the Minnesota court
noted the various commercial programs and benefits
offered to members, and stated that "[l]eadership skills
are goods,' [and] business contacts and employment
promotions are `privileges' and `advantages'. . . ." 305
N.W.2d at 772. Assuring women equal access to such
goods, privileges, and advantages clearly furthers
compelling state interests.
>In applying the Act to the Jaycees, the State has
advanced those interests through the least restrictive
means of achieving its ends. Indeed, the Jaycees has
failed to demonstrate that the Act imposes any serious
burdens on the male members' freedom of expressive
association.
CA REVERSED
NOTE:
District Court: yes public
the statute is applicable to any "public business
facility." Id. at 768. It then concluded that the Jaycees
organization (a) is a "business" in that it sells goods
and extends privileges in exchange for annual
membership dues; (b) is a "public" business in that it
solicits and recruits dues-paying members based on
unselective criteria; and (c) is a public business
"facility" in that it conducts its activities at fixed and
mobile sites within the State of Minnesota