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The Philippines
This Week in AsiaPolitics

Philippine Supreme Court’s ‘landmark’ ruling adds momentum to same-sex marriage debate

Advocates hailed the ruling as a breakthrough, though observers said its reach remains limited without congressional action

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A same-sex couple joins “Metro Manila Pride”, the longest-running pride march in Southeast Asia, in 2016. Photo: Shutterstock
Sam Beltran
A property dispute in the Philippines has led to what advocates call a “landmark” Supreme Court ruling and one of the country’s most significant advancements for LGBTQ rights in years – though legal experts said the true impact will depend on how far the decision can be applied beyond the facts of the case.

In its judgment, the court ruled that cohabiting same-sex partners may claim co-ownership of property acquired during their relationship if they can prove actual financial contribution, extending a legal provision previously reserved for heterosexual couples.

Some observers believe the ruling could add pressure for wider recognition of same-sex unions, while others cautioned that without legislative reform it is unlikely, on its own, to move the needle on marriage equality.

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The February 5 decision marked the first time the Supreme Court had applied Article 148 of the Family Code – which governs property relations of couples who live together but cannot legally marry – to a same-sex relationship.

A couple hold their glasses after a toast during a LGBTQ commitment ceremony to mark Valentine’s Day in Manila on February 14. Photo: EPA
A couple hold their glasses after a toast during a LGBTQ commitment ceremony to mark Valentine’s Day in Manila on February 14. Photo: EPA

The Philippines, a predominantly Catholic nation, does not recognise same-sex marriages, including those performed abroad, and generally does not permit divorce.

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