The Philippnes Commission on Elections (Comelec) on Thursday denied a gay political group's bid to participate in the party-list election in 2010. 

With a 3-3 vote between members of the first and second division en banc, Chairman Jose Melo cast the final dissenting vote against Ang Ladlad that had sought accreditation to join the 2010 elections as a party-list group. 

On November 11, Ang Ladlad representative and former Ateneo de Manila University professor Danton Remoto filed an appeal to the Commission seeking to reverse the decision that rejected their petition for accreditation due to the supposed immorality of the group that “offends religious beliefs” and for failure to prove the existence of their chapters nationwide as claimed during the hearing for accreditation.

Melo was quoted by local media as saying that there is no “substantial differentiation” of LGBTs as a special class of individuals since under the Bill of Rights that applies to all citizens, LGBTs would remain male or female.

“The opportunities are open to every Filipino – Ladlad members included – to aspire for public office,” Melo told the Inquirer, citing that party representative Danton Remoto filed his senatorial bid as proof. 

“Above morality and social norms, they have become part of the law of the land. Article 201 of the Revised Penal Code imposes penalty of prison mayor upon 'those who shall publicly expound or proclaim doctrines openly contrary to public morals' and penalises 'immoral doctrines, obscene publications and indecent shows. 

“Ang Ladlad falls under these legal provisions as seen in their petition that states: Consensual partnerships or relationships by gays and lesbians who are already of age... Moreover, Article 694 of the Civil Code defines nuisance as “any act, ommission or anything else which shocks defies or disregards decency and morality,'” wrote Melo. 

Comelec spokesman James Jimenez said the 4-3 decision was reached “following mandated processes of Comelec procedure” and is thus, “satisfying.”

The 2009 petition was the second attempt by Ang Ladlad to join the party-list race. The Comelec rejected their first try in 2007 because of their lack of national presence.