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Falcis III vs. Civil Registrar General [CONCURRING OPINION, JARDELEZA, J.]

JESUS NICARDO M. FALCIS, III, PETITIONER, V. CIVIL REGISTRAR GENERAL, RESPONDENT. LGBTS CHRISTIAN CHURCH, INC., REVEREND CRESENCIO "CEEJAY" AGBAYANI, JR., MARLON FELIPE, AND MARIA ARLYN "SUGAR" IBAÑEZ, PETITIONERS-IN-INTERVENTION. ATTY. FERNANDO P. PERITO, ATTY. RONALDO T. REYES, ATTY. JEREMY I. GATDULA, ATTY. CRISTINA A. MONTES, AND ATTY. RUFINO POLICARPIO III, INTERVENORS-OPPOSITORS.

G.R. No. 217910 | 2019-09-03

CONCURRING OPINION
 
JARDELEZA, J.:
 
Justice Scalia: "I'm curious... when did it become unconstitutional to exclude homosexual couples from marriage? Seventeen ninety-one? Eighteen sixty-eight, when the Fourteen Amendment was adopted? x x x"
 
Ted: "When - may I answer this in the form of a rhetorical question? When did it become unconstitutional to prohibit interracial marriages? When did it become unconstitutional to assign children to separate schools?" x x x Courts decide there are constitutional rights when they have before them a case that presents the issue, and when they know — and...