G.R. No. 190582 - Ang Ladlad LGBT Party vs. Commission on Elections

Ang Ladlad LGBT Party (Ang Ladlad), composed of individuals identifying as lesbian, gay, bisexual, or transgender (LGBT), seeks accreditation as a party-list organization under Republic Act No. 7941 (Party-List System Act).
Ang Ladlad first applied for COMELEC registration in 2006 but was denied for lack of substantial membership; it refiled on August 17, 2009 with evidence of over 16,000 members, 4,044 online members, and a nationwide umbrella of affiliate organizations.
Ang Ladlad’s platform included anti-discrimination legislation, economic support for poor and disabled LGBT Filipinos, care centers for elderly LGBTs, and repeal of laws used to harass the LGBT community.

First Assailed Resolution (Nov. 11, 2009): COMELEC Second Division admitted evidence but dismissed accreditation “on moral grounds,” citing religious texts (Bible Romans 1:26–27; Koran 7:81, 7:84, 29:30), civil code nuisances, and penal code provisions penalizing “immoral doctrines.”
Motion for Reconsideration: Split COMELEC vote (3–3), with Chairman Larrazabal breaking the tie to uphold dismissal. His separate opinion held:

Purpose of party-list is to promote sectoral interests that “benefit the nation as a whole,” not tolerance of “misunderstood groups.”
LGBT is not a “special class” under U.S. equal protection analogues; homosexuality is not a “fundamental right.”
Moral parameters reflect “public morals” rooted in Christian and Muslim upbringing, enshrined in law (Revised Penal Code, Civil Code).

Second Assailed Resolution (Dec. 16, 2009): Final dismissal reaffirmed on the same moral basis and alleged lack of a genuine national presence.

Petition for Certiorari under Rule 65 and application for preliminary mandatory injunction filed January 4, 2010, seeking annulment of both COMELEC resolutions and accreditation order.
Office of the Solicitor General (OSG) filed a Comment in support of petitioner; COMELEC filed its Comment defending dismissal.
Commission on Human Rights and Epifanio D. Salonga, Jr. granted motions to intervene as amici curiae.
A Temporary Restraining Order (Jan. 12, 2010) enjoined COMELEC from printing ballots that exclude Ang Ladlad.

Validity of COMELEC’s denial on “moral grounds” relying on religious texts—violation of the non-establishment clause?
Whether moral disapproval alone suffices to exclude a sector from accreditation—compatibility with secular public morals and due process?
Status of LGBT as a “marginalized and underrepresented sector” under the Constitution and R.A. 7941—enumeration non-exclusive but bounded?
Equal protection implications of classifying LGBT as ineligible—rational basis review vs. heightened scrutiny?
Freedom of speech and association—does denial infringe petitioner’s rights to campaign, assemble, and participate in political expression?
International and human rights obligations—non-discrimination on sexual orientation under UDHR, ICCPR, and related treaties.