August 30, 2008
Case Law Development: Phillipines Supreme Court finds husband's homosexuality insufficient to declare marriage void
The Phillipines Supreme Court's 3rd Division, in a twenty page decision, reversed a lower court's ruling declaring an eleven year opposite-sex marriage void because of the husband's homosexuality. The Supreme Court found the trial court erred by only considering the husband's alleged homosexuality rather than requiring proof that the husband concealed his sexual identity from the wife at the time of the marriage.
A report of the case in a Phillipines newspaper is available here (RR last visited August 30, 2008)
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As cruel as this sounds, the wife is not legally entitled to have the marriage voided just because the husband is a homosexual. Again, it sounds cruel, but the Supreme Court Justices made the correct ruling.
Posted by: Divorce Oklahoma City | Jul 16, 2011 7:42:59 PM