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Quick Supreme Court update


This morning, the Supreme Court sent the Arlene’s Flowers case back to the Washington state supreme court to be reconsidered based on Masterpiece Cakeshop. The cases are similar, but this time it involves floral arrangements.

In Masterpiece Cakeshop, the Court ruled narrowly in favor of the baker, based on specific evidence in the record that the Justices believed showed signs of anti-religious bias by the Colorado Civil Rights Commission. There’s apparently no evidence of that in this case, although the group representing the florist filed a supplemental brief alleging some evidence exists. (You can read the same-sex couple’s supplemental brief here and the state’s here.)

There was no apparent reason to send the case back instead of just denying review, which would have allowed the state supreme court’s decision to stand. That court could still rule against the florist once it reconsiders any possible evidence of bias.


  • 1. VIRick  |  June 25, 2018 at 12:17 pm

    Supreme Court Remands the "Arlene's Flowers" Discrimination Case

    Per Equality Case Files:

    In this morning's order, 25 June 2018, in "Arlene's Flowers v. Washington," the appeal to the Supreme Court of the case involving the florist who asserts religious objections to providing flowers for a same-sex couple’s wedding ceremony, the Justices GVR'd the case, i.e., they Granted certiorari, Vacated the judgment, and sent the case back to the Washington Supreme Court on Remand for further proceedings in light of the decision in "Masterpiece Cakeshop."

    This just means that now the Washington Supreme Court will look at it again and see whether its decision is any different the second time, given the ruling in "Masterpiece."

    The ACLU's James Esseks, released the following statement: “The Supreme Court today asked the Washington courts to re-examine our clients’ (the same-sex couple's) case in light of the recent decision in 'Masterpiece Cakeshop.' To be clear, the court made no indication the lower courts ruled incorrectly and made no decision on the case’s merits. We are confident that the Washington State Supreme Court will rule once again in favor of the same-sex couple, and reaffirm its decision that no business has a right to discriminate.”

    The order is linked here, case #4 in the list, 17-108:

    The Washington State Supreme Court can always follow the lead of the Oregon Supreme Court which just ruled on 21 June 2018 in "Klein & Klein dba Sweetcakes by Melissa, and, in the alternative, individually as an aider and abettor under ORS 659A.406, v. Oregon Bureau of Labor and Industries," that:

    "Upon (a second) consideration of the court, the court has considered the petition for review (on remand) and orders that it (still) be denied."

  • 2. VIRick  |  June 25, 2018 at 12:41 pm

    North Carolina: Motions Hearing in "Carcaño v. Cooper"

    Per Equality Case Files:

    Today, 25 June 2018, there was a motions hearing in Winston-Salem NC in the case of "Carcaño v. Cooper," formerly "Carcaño v. McCrory." This is the case that began as a federal challenge to the constitutionality of North Carolina's HB 2 "bathroom" bill. In its current form, the federal case is now challenging HB 142 which was passed by the NC legislature to repeal and replace HB 2.

    The hearing is on “all pending motions,” specifically, two defendant motions to dismiss (University of North Carolina defendants and legislative intervenor-defendants) and a motion from the plaintiffs to file a declaration opposing dismissal that was submitted after briefing on the motions was complete. Also pending, but unlikely to be considered at the hearing, is a motion to approve a settlement agreement between the plaintiffs and the state defendants. Briefing on that motion was put on hold until after the judge rules on the motions to dimiss.

    The text of HB 142 is here:

    The docket on the entire long-running case is here:

  • 3. ianbirmingham  |  June 25, 2018 at 1:30 pm

    ISIS Is Beaten. But Iraq Is Still Hell for LGBT People.

    Ninety-six percent of LGBT Iraqis have faced some form of verbal or physical violence, the first ever study of LGBT life and experience in Iraq has found.

    In 2017, more than 220 LGBT people were killed in the country, the survey estimates. Since 2003, the study says there have been annual “killing campaigns” in Iraq aimed at LGBT people.

    Omar’s experience is one of 257 LGBT Iraqi testimonies that form the basis of Fighting for the Right to Life: The State of LGBT Human Rights in Iraq.

    The report was compiled by advocacy group IraQueer and a partner group that wishes to remain anonymous for safety reasons. The year-long research project also spoke to 11 government officials or employees, 16 religious leaders, and 201 members of Iraqi society, and sought to glean information about Iraqi LGBT experiences between 2015 and 2018.

    IraQueer is the first and only LGBT organization focusing on Iraq and the Kurdish region. It was founded in 2015. …

    “LGBT individuals in Iraq are facing life-threatening danger,” Ashour told The Daily Beast. “The annual killing campaigns that have been happening for more than a decade are still unaddressed by the government, and not even one person has been held accountable for killing a gay person. …

    “Since the United States and United Kingdom led invasion in 2003, one might argue that all Iraqis have been facing life-threatening circumstances,” the report reads. “But the situation for LGBT individuals is worse and more dangerous because they lack any legal protection whatsoever and to date there is no political will on the part of the government to address human rights violations against LGBT individuals. The government refuses to acknowledge LGBT individuals as Iraqi citizens and is not willing to protect them.”

    “The needs of Iraqi LGBT people are very basic,” Ashour told The Daily Beast. “We need our right to life. We need our right to health. We need to be able to not be afraid every time we might leave our houses. We need to be protected from illegal police raids of our homes, and the violence committed by all kinds of groups against us. For now, we just want to know that our lives mean something.”

  • 4. allan120102  |  June 25, 2018 at 5:53 pm

    The head of the committee were the same sex marriage bill is pending has promise the lgbt community and organizations that in a period of one month he will reactivate the discussion of the bill in accordance with the pact the lgbt groups have with chile.

  • 5. VIRick  |  June 25, 2018 at 8:13 pm

    Costa Rica: Office of Attorney-General Tells Congress that Opinion of IACHR on Marriage Equality Is Binding

    Per David Zuiga:

    Costa Rica: Procuraduría Dice al Congreso que la Opinión de la CIDH sobre Matrimonio Igualitario Es Vinculante

    La Procuraduría-General de la República (PGR), ente que funge como abogado del Estado, reiteró a la Asamblea Legislativa que la opinión consultiva de la Corte Interamericana de Derechos Humanos (CIDH) sobre matrimonio igualitario e identidad de género, es vinculante para Costa Rica.

    Así lo hizo saber Luis Guillermo Bonilla Herrera, procurador adjunto del Área de la Función Pública de la PGR, mediante su Opinión Jurídica 052-J del pasado 12 de junio y que fue notificada al Congreso hoy, 25 de junio 2018. El documento, dirigido a la Comisión Permanente de Asuntos Jurídicos, consiste en la opinión que tiene el abogado del Estado sobre el proyecto de ley 19.852 que pretende reconocer el derecho que tienen las parejas del mismo sexo de acceder a la figura del matrimonio.

    The Office of Attorney-General of the Republic (PGR), the entity that serves as State's attorney, reiterated to the Legislative Assembly that the advisory opinion of the Inter-American Court of Human Rights (CIDH) on marriage equality and gender identity is binding on Costa Rica .

    This is what Luis Guillermo Bonilla Herrera, Deputy Prosecutor of the Public Function Area of ​​the PGR, stated through his Legal Opinion 052-J of 12 June, which was sent as notification to Congress today, 25 June 2018. The document, directed to the Permanent Commission of Legal Affairs, consists of the opinion of the State's attorney on bill 19.852 that seeks to recognize the right of same-sex couples to access marriage.

  • 6. guitaristbl  |  June 26, 2018 at 10:09 am

    Far right activism is on a roll the last 2 days in SCOTUS. Arlene's flowers back to state court (with possible upcoming reversal from SCOTUs next term), Texas districts discriminating on the basis of race constitutional, anti-abortion activists win in California and of course Muslim ban constitutional – all with the invaluable contribution of Neil Gorsuch of course. Whats left ? Striking at unions tomorrow with another 5-4.

    Such truly dark times for the US..

  • 7. scream4ever  |  June 26, 2018 at 1:18 pm

    I will never forgive the progressives that refused to vote for Clinton.

  • 8. allan120102  |  June 26, 2018 at 2:01 pm

    Conservative have won almost every major decision this term a big win for conservatives, also compare to the last 3 terms were the court was having a more liberal push have evaporate. Another thing is that federal appeal courts are being pack by extremist right now. Some courts might change moderate to conservative.

  • 9. VIRick  |  June 26, 2018 at 2:17 pm

    Massachusetts: Voter Registration, "Conversion Therapy" on House's Agenda

    Per LGBT Marriage News:

    Boston — The Massachusetts House plans to debate automatic voter registration and a ban of so-called "conversion therapy" for minors on Wednesday, 27 June 2018, the House speaker told reporters Monday afternoon. The House appears poised to pass a bill that would automatically register eligible voters when they interact with a state agency like the Registry of Motor Vehicles or MassHealth, unless they choose to opt out.

    House Speaker Robert DeLeo said the House also plans Wednesday to take up a bill related to "conversion therapy," a practice intended to change sexual orientation or gender identity. A bill that would ban "conversion therapy" for people younger than 18 years old is currently pending before the House Ways and Means Committee, having been given favorable reports from the committees on Children, Families and Persons with Disabilities, and Health Care Financing.

    "It's been through the committee process. I've heard from quite a few members of the House with their concerns relative to folks from the LGBTQ community in particular in terms of what some of the young people have gone through relative to this therapy," DeLeo said Monday.

    Once passed and signed into law, Massachusetts would become state #16 banning the harmful practice of "conversion therapy" (assuming that Maine's governor actually signs the legislation recently passed by that state's legislature).

  • 10. scream4ever  |  June 26, 2018 at 3:29 pm

    I'm amazed that Massachusetts hasn't yet banned it. I expect it should pass pretty easily.

    As for Maine, I could see Lapage letting it become law without his signature.

  • 11. VIRick  |  June 26, 2018 at 5:11 pm

    After these two, with three more states banning "conversion therapy," (Minnesota, Iowa, Colorado, plus Puerto Rico?) giving us a total of 19, we will be right back to where we were with marriage equality prior to the rulings from the federal appeals courts and/or where we presently still are when it comes to the across-the-board LGBT non-discrimination laws, with an almost identical configuration of states favorably-disposed in all instances.

    Essentially, that represents the entire Northeast, down to and including Maryland/DC, the entire West Coast, plus Illinois and New Mexico. With only those two exceptions, the huge gap in the middle, stretching from the eastern border of Nevada to the western tip of Maryland, is pathetic. Then, when we call them "the flyover states," people there want to get snippy about it, or worse, like their maneuvering to ban LGBT adoptions.

  • 12. scream4ever  |  June 26, 2018 at 7:15 pm

    Iowa is unlikely anytime soon since the state took a major swing to the right. Colorado and Minnesota will likely pass bans next year assuming Democrats can retake chambers of the state legislature.

  • 13. allan120102  |  June 26, 2018 at 9:33 pm

    In colorado it has fail I believe because republicans control the senate and the committee its put on always fail to advance it.

  • 14. VIRick  |  June 26, 2018 at 7:45 pm

    Maine: Senate Passes "Conversion Therapy" Ban Today, 26 June 2018

    Today, 26 June 2018, the Maine Senate passed the bill banning gay "conversion therapy," a measure previously passed in the Maine House on 21 June 2018. The bill was then sent to the governor's desk for his signature today, 26 June 2018.

    Equality Maine executive director Matt Moonen called on LePage “not to veto this needed bill that can save lives.” The governor has the option of merely letting the bill go into effect, even without his signature. If he does nothing in the next 10 days, the bill becomes law automatically.

    Neither the Senate nor the House passed the bill with a sufficient majority to override a LePage veto, should he issue one.

    This article is a much fuller and far more accurate account of events in Maine than what was previously posted in the prior thread.

    The complete list of states which have already banned the practice by law are: Connecticut, California, Illinois, Nevada, New Jersey, Oregon, Vermont, New Mexico, Rhode Island, Washington, Maryland, Hawaii, New Hampshire, Delaware, plus DC. New York state was unable to pass a ban through its Senate, so instead, Governor Cuomo signed an executive order to prevent conversion therapy from being practiced statewide (although it is against the law to practice it in New York City).

  • 15. VIRick  |  June 26, 2018 at 2:39 pm

    Philippines: Chief Justice Suggests Same-Sex Civil Unions Constitutional

    Per LGBT Marriage News:

    Chief Justice Carpio: Same-sex civil union is constitutional. Carpio said this during the continuation and conclusion of oral arguments on 26 June 2018 in his interpellation with Solicitor-General Calida as they tackled the petition seeking to legalize same-sex marriage.

    Carpio said same-sex civil union is based on the constitutional right to freedom of association. Freedom to associate with others is also cited in the same-sex civil union bill sponsored by House Speaker Pantaleon Alvarez pending at the lower chamber. It is grounded on the Bill of Rights, which protects "the right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law." By logic, because people are free to associate with one another, any two people can enter into a contract that would guarantee them the civil rights enjoyed by a married couple.

    "Can two people of the same sex agree that their property relations will be governed by absolute community of property? Can they also agree that when I die you will inherit [what I leave]? Can they agree that when I die, you will decide where I will be buried?" Carpio asked Calida. It was rhetorical because Carpio immediately answered his own questions: "Of course, because even without a law, that will be constitutional."

    "I respect your position so I tend to agree with you," Calida said. This seems to be a popular compromise among groups within the LGBTQI community. It would grant them the same civil rights, but it would reduce the opposition of conservatives who don't want to call it a marriage.

    Even Carpio thinks that is the case, as he told Calida: “We don’t call it a marriage, we call it a union." In reply, Calida said, “As long as the rose does not smell like a rose, then there’s no problem,” which means to say that as long as they remain distinct "then there's no problem."

    "Two people of the same sex can have an agreement regarding property, successional rights, and all other rights, and that's not unconstitutional, and if that's embodied in a law, that's even stronger, but it does not go against your position that marriage is between a man and a woman," Carpio said.

    Petitioner Jesus Falcis III says civil union can be a middle ground, "but it doesn’t mean we will stop fighting for marriage equality."

  • 16. FredDorner  |  June 26, 2018 at 3:15 pm

    I like how the CA courts put it in 2005: "The idea that marriage-like rights without marriage is adequate smacks of a concept long rejected by the courts: separate but equal."

    Of course in the Philippines it's still important for some folks to feel superior to others.

  • 17. VIRick  |  June 26, 2018 at 3:37 pm

    If Chief Justice Carpio thinks that same-sex civil unions are constitutional under current Philippines law, then perhaps at this stage, it might be wisest to go with this interpretation. Basically put, he is arguing favorably for it under pre-existing, generic contract law.

    At the moment, the closest jurisdictions to the Philippines with marriage equality are Guam, Northern Marianas, and Australia. No other country in East Asia has yet to implement same-sex unions or marriage, so if the Philippines court gives its approval to same-sex civil unions, it would actually push the Philippines to the forefront on this subject in that part of the world, even ahead of Taiwan.

  • 18. VIRick  |  June 26, 2018 at 2:56 pm

    European Court of Justice: British Pension Law Discriminatory

    On 26 June 2018, the European Union's top court ruled against a British law preventing a transgender woman from claiming a pension as a woman before (and unless) her marriage were annulled. The law is discriminatory, it said.

    The woman had applied for a pension after she reached age 60. But this was denied on the grounds that men must be 65 to claim a pension and she did not have a certificate recognizing her change of gender, even after undergoing surgery in 1995. (As a carry-over from prior to the legalization of same-sex marriage), British law requires marriages entered into before gender change be annulled before such documents can be granted, something which, for religious reasons, neither the woman nor her spouse wanted.

    In today’s ruling, the court said that the requirement for a person's marriage to be annulled in order for that person to be pensionable only applies to those who have changed gender, thus it directly discriminates against such individuals. The court added that the purpose of the annulment requirement was so that two people of the same sex were not married, which in itself was not linked to the retirement pension scheme.

    The case is now returned to the British Supreme Court which has to apply the ruling.

    Even though this news source is RTÉ.ie, the website of Raidió Teilifís Éireann, Ireland's National Public Service Broadcaster, the article itself originally read as if it were a (bad) translation. Does anyone know in what language court rulings from the ECJ are given?

    Could it be French? Apparently, the court's official name is Cour de Justice de l'Union Européenne, and several of the original 6 EU nations (France, Belgium, Luxembourg) use French as an official language.

  • 19. allan120102  |  June 26, 2018 at 5:51 pm

    The same 8 counties who were not issuing same sex marriage licenses are still not issuing as of today in Alabama.

  • 20. VIRick  |  June 26, 2018 at 6:11 pm

    Alabama: 3 Years after Supreme Court Ruling, at Least 8 Alabama Counties Still Won't Issue Marriage Licenses

    In Alabama, in 2015 and 2016, more than 2,000 same-sex couples were married despite the refusal of at least eight counties to issue marriage licenses to either same-sex couples or to hetero couples.

    Three years ago today, the US Supreme Court made same-sex marriage a constitutional right nationwide and required states to recognize same-sex marriages that occurred in other states. However, Autauga, Clarke, Cleburne, Covington, Elmore, Geneva, Pike, and Washington counties do not issue licenses anymore to anyone because Alabama law says a probate judge "may" issue marriage licenses, not "shall."

    As per Ballotpedia, these were the same 8 Alabama counties not issuing marriage licenses to anyone when they last checked, one year ago, in June 2017. Bibb county had originally also stopped issuing marriage licenses to everyone, but then reversed course about 1 1/2 years after "Obergefell." Chambers and Choctaw counties were also somewhat "slow," but not quite as extreme. At one time, we had 11 recalcitrant county probate judges in those 11 counties.

  • 21. VIRick  |  June 26, 2018 at 6:43 pm

    Texas: Today, Gay Sex Has Been Legal for 15 Years

    Today marks 15 years since gay sex was decriminalised in Texas and a string of other US states. On 26 June 2003, the US Supreme Court ruled that state-level sodomy laws banning gay sex were illegal. The 6-3 ruling in "Lawrence v. Texas" struck down laws banning gay sex in fourteen states – Texas, Kansas, Oklahoma, Missouri, Alabama, Florida, Idaho, Louisiana, Mississippi, North Carolina, South Carolina, Michigan, Utah, and Virginia. Several of the states have still not repealed the defunct sodomy laws that remain on their statute books but are unenforceable.

    Attorneys for Texas battled the attempts to invalidate the state sodomy law, which criminalized "engaging in deviate sexual intercourse with another individual of the same sex.” The states of Alabama, South Carolina, and Utah filed a brief warning that gay sex has “severe physical, emotional, psychological, and spiritual consequences,” while several prominent conservative groups also called for sodomy laws to be maintained.

    Republican-linked lobbying groups including the Family Research Council and Liberty Counsel, who continue to make prominent interventions against LGBT rights to this day, filed briefs in the case insisting that gay sex must remain criminalized. The Liberty Counsel wrote: “It is the right and duty of states to regulate conduct deemed harmful to society" (among other things, the rest of which I refuse to quote).

  • 22. allan120102  |  June 27, 2018 at 12:31 am

    The complexity of marriage equality in Baja California. Right now same sex couples from Mexicali and Tecate travel to Tijuana to get marry. I believe Baja California is in a similar state to Queretaro than other full marriage equality state.
    From April to date, the Civil Registry has made about 50 weddings between people of the same sex, through the intervention of the State Commission of Human Rights of Baja California (CEDHBC) and without the need for an injunction, which It represents an advance in the fight for the rights of the sexual diversity sector, although there are still pending issues on the subject, acknowledged activists of the city.

    Within the framework of Lesbian, Gay, Bisexual, Transsexual and Intersexual Pride Month, the director of (Cocut), Andrés Cruz, considered that, although the increase in marriages between people of the same sex is positive, it is not a substantial progress, and the objective should be to change the Constitution of Baja California and the Civil Code of the State, which define that only marriage can be carried out, between a man and a woman, and for reproductive purposes.

    After a first recommendation of CEDHBC, last January, addressed to the Secretariat of State Government, which depends on the Civil Registry of Tijuana, so that he proceeded to marry a couple of women; other couples, with the support of associations or activists, have requested the intervention of the Commission in order to get married without the need for an amparo.

    "We also want to be able to do this with couples from Tecate and Mexicali, so they do not have to travel here and do it in their own City Council. However, we do not take our finger off the line and we will continue to promote the reforms until it is possible to do the process like any other person, "said activist Roberto García Garibay, who pointed out that in the entity, the Law must also be promoted. of Gender Identity for transgender people.

    For his part, the president of the AIDS Assistance Fund A.C., Lorenzo Herrera, denounced that municipal agents, as well as judges, continue to harass members of the LGBTI sector, who steal and remove their identifications and imprison them.

    "They put them without reason to prison, 24 hours or more, even to foreigners. Last week there were four who came to complain with us, who did not want to denounce because they do not trust authority, "he said.

    The determination of the World Health Organization (WHO) to remove transsexuality from the list of mental illnesses and place it as another sexual expression, was qualified by activists as the main achievement reached internationally. At the national level, they underlined the creation of the Sexual Diversity Law in states such as Michoacán and Nayarit, and the INE protocol to guarantee the vote to transgender people who have changed their identity or whose gender expression does not match the name and sex. in the credential, right that will assert for the first time on election day next July 1.

  • 23. Fortguy  |  June 27, 2018 at 11:12 am

    Breaking awful news: Justice Anthony Kennedy is retiring effective July 31.

  • 24. Elihu_Bystander  |  June 27, 2018 at 11:32 am

    I likewise just heard this breaking news. It's a very sad day for all of us.

    I also heard Trump is planning to nominate a replacement for consideration before the mid-term elections.

  • 25. guitaristbl  |  June 27, 2018 at 11:38 am

    Like this week could not get any worse for SCOTUS…bye bye Obergefell and hello legalized discrimination with the Arlene Flowers case.

    SCOTUS will be a far right hellhole for decades to come.

  • 26. VIRick  |  June 27, 2018 at 12:26 pm

    Japan: Osaka to Recognize LGBT Couples from July, City #8

    Per LGBT Marriage News:

    Osaka — On Wednesday, 27 June 2018, the city of Osaka said it will begin issuing cards in July serving as proof for lesbian, gay, bisexual, and transgender couples certified by the city authorities. From 9 July, the western Japanese city is set to become the eighth municipality in Japan recognizing partnerships of sexual minorities, given the absence of same-sex marriage in the country.

    Under the plan, couples can apply for the recognition if either party of a couple lives in the city or plans to move there. The city will facilitate LGBT couples to live in city-run housing while urging companies to pay due consideration to such partnerships, official said.

    Tokyo's Shibuya and Setagaya wards became the first local governments to recognize such partnerships in 2015, and the cities of Iga, Takarazuka, Naha, Sapporo, and Fukuoka have followed.

  • 27. VIRick  |  June 27, 2018 at 12:37 pm

    Czech Republic: Petition for Same-Sex Marriage Passed to Lawmakers

    Per LGBT Marriage News:

    Prague, 26 June 2018 – Activists from the NGO coalition, We Are Fair, passed three boxes with a petition for the marriage of same-sex couples, signed by 70,350 people within the past six months, on to the Czech Chamber of Deputies on Tuesday, 26 June, activist Czeslav Walek has told journalists. The proposal by 46 members of the Chamber of Deputies was also supported by Prime Minister Andrej Babis's government (ANO).

    "We believe that it is fair for gays and lesbians to be able to marry in the Czech Republic," Walek said. "Along with its symbolic level, there are a number of differences between a marriage and partnership. When we speak to people and start explaining the differences, eyes are opened and people say that this is not fair," he added.

    In the Czech Republic, registered partnership for homosexual couples was introduced in 2006. So far, it has been concluded by 2647 couples. The law on registered partnership defines the establishment and termination of a partnership between two persons of the same sex. The legislation ensures the right to information on the health condition of registered partners and a chance to inherit property, just as married couples.

    However, it does not enable same-sex couples to adopt children. Registered partners also have no right to widow's or widower's pension, nor to joint property and joint taxation, which married couples can utilize. Under the new proposal, same-sex couples are to conclude marriage with the same rights and duties as heterosexuals, and registered partnerships would vanish.

  • 28. allan120102  |  June 30, 2018 at 2:07 am

    Well it looks like the problem is in the other blog.
    I cant reply to anyone.

  • 29. allan120102  |  July 1, 2018 at 11:14 pm

    The hard right in Mexico should rejoice even though this was a huge win for Amlo he promise he will give 50 seats to the conservative as well as many to the parties that join him, Hopefully a left majority in the majority of states will make it easier for same sex marriage to become legal to all of those.

  • 30. allan120102  |  July 2, 2018 at 1:57 am

    Like I was saying not everything is happiness Pes the party with the strongest opposition to marriage equality will receive at least 64 seats with a maxium of 75 thanks to how well done Morena did. They even have more seats than pri

  • 31. allan120102  |  July 2, 2018 at 9:20 am

    Duterte has again flip flop on same sex marriage. Now he support civil unions but not marriage.

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