Lesbianism or homosexuality, A55(6) Family Code)
1. Concept
Homosexuality – means “sexual activity with another of the same sex”. (Merriam-Webster, n.d. Available at: https://www.merriam-webster.com/dictionary/homosexuality [Accessed: 17 April 2025])
Lesbianism – means “romantic or sexual attraction between women”. (Ibid. Available at: https://www.merriam-webster.com/dictionary/lesbianism [Accessed: 17 April 2025])
2. Lesbianism or homosexuality
Art. 55. A petition for legal separation may be filed on any of the following grounds:
x x x
(6) Lesbianism or homosexuality of the respondent; x x x
1) Lesbianism or homosexuality of the respondent is a ground for legal separation.
2) For lesbianism, and in the context of legal separation under the Family Code, the female spouse is attracted romantically or sexually to other women.
3) For homosexuality, and in the context of legal separation under the Family Code, the male spouse is attracted romantically or sexually to other men.
4) For both lesbianism and homosexuality, the extent of what may constitute for either one is for the courts to decide.
5) This ground for legal separation applies when one spouse discovers that the other is either a lesbian or a homosexual, and this orientation leads to serious issues within the marriage. The focus here is not on judging a person’s identity, but on the impact it has on the marital relationship—especially if it results in emotional distance, infidelity, or an inability to fulfill marital duties. (OpenAI ChatGPT-4 [2025], reviewed by J. Del Puerto. Available at: https://chat.openai.com [Accessed: 17 April 2025])
6) [In] simpler terms: A person can file for legal separation if their husband or wife turns out to be romantically or sexually attracted to people of the same sex, and this causes the marriage to break down. It means that the marriage, as a heterosexual union, can no longer function properly because one spouse no longer shares the same emotional or physical commitment expected in the relationship. (Ibid.)
7) This ground recognizes that when a spouse identifies as gay or lesbian and acts on it—or emotionally detaches from the marriage—it can cause deep emotional hurt and prevent the couple from living as husband and wife in the traditional sense. (Ibid.)
8) This ground is not intended to shame or punish a person for their sexual orientation, but rather to protect the other spouse who may have been unaware or misled, and is now emotionally or physically abandoned. The law gives the injured spouse the option to end the legal union if the marital bond becomes impossible to sustain due to sexual incompatibility rooted in homosexuality or lesbianism. (Ibid.)
3. Examples
Example 1 – Hidden identity revealed after marriage:
Mia marries Carlo and soon discovers he is involved in a secret relationship with another man. Carlo admits he is gay and no longer feels romantic attraction toward women. Mia, devastated by the betrayal and the realization that their marriage can no longer work, files for legal separation. (Ibid.)
Example 2 – Spouse openly living a same-sex lifestyle:
James notices that his wife, Liza, has started spending more time with a female friend, eventually moving in with her. Liza later admits she is a lesbian and wants to pursue a life with her partner. James, recognizing that their marriage has lost its foundation, files for legal separation on this ground. (Ibid.)
Example 3 – Emotional disconnection and incompatibility:
After years of trying to make their marriage work, Erika’s husband confesses that he has always been attracted to men but was pressured into marriage by family expectations. Though there was no cheating, Erika feels emotionally abandoned and unable to live in a one-sided relationship. She decides to seek legal separation due to the emotional toll and irreconcilable difference. (Ibid.)
