Unexercised Constitution: Conservatism as the main impediment to equality
For what is our constitution if it is not followed? For what are equal rights if it is only for the few?
Sexual Orientation, Gender Identity Expression (SOGIE) Bill, is the longest-running bill inside the Philippine legislature. Since the year 2000, the bill has been in series of interpellation and reading. Yet, 10 years later, the bill continues to be persecuted by conservatives and close-minded religious law-makers.
Persons with diverse sexual orientation and gender identity experience abuse and violence: ranging from subtle jokes to extreme forms of stigma and assault. Thirty percent of the LGBT community in the Philippines reported being harassed, bullied, or discriminated against by others while at work because of their sexual orientation, gender identity, expression, and sex characteristics. Schools impose rigid gender norms on students in a variety of ways — through dress codes, restrictions on hair length, and scrutiny of same-sex relationships. In the workplace, members of the LGBT community also experience lost of economic opportunities due to discrimination in hiring, such as the requirement to wear clothes according to their sex assigned at birth as one of the conditions.
If a company includes sexual orientation towards the performance consideration of an employee- it is considered as discrimination. If a school imposes disciplinary sanctions, and penalties that infringe on the rights of the students- it is considered discrimination. If harassment, punishment, and restriction are occurred considering their sexual orientation and the sexual orientation of their legal guardian- it is discrimination.
Around the world, LGBTs are at high risk of suicide, which is linked with their experiences of rejection and discrimination based on their gender identity. The stigma that they face in everyday life takes a toll on their mental and physical well-being. However, despite the so-called wide acceptance of this community, they are still being treated unfairly and discriminated against. That is why several representatives in Congress have proposed the SOGIE Bill, which aims to help the LGBT Community against maltreatment. Yet several questions still arise on why it should not be implemented as a law.
According to Ryan Borja Capitulo in his article, “An LGBT who Anti-SOGIE Discrimination Bills”, he argued that the bill may violate our freedom of religion and freedom to live out our faith. He goes on by saying that the religious institutions will have to forcibly accept this, even if this is against their laws and beliefs, which, to him, isn’t right.
“These proposed bills, when enacted into law, may be used as instruments to stifle or violate our freedom of religion and freedom to live out our faith. Allow me to elaborate by posing these questions: What will happen to a seminary or convent that will uphold Church laws by refusing admission to a transgender who wants to study and become a priest or nun? What will happen to parishes and Catholic universities that will not allow or recognize LGBT organizations in keeping with their mandate to abide by Church doctrines? What will happen to “all boys” or “all girls” Catholic schools that will not accept transgender children as students because this would go against the catechism they teach? What will happen to Catholic and Christian offices or companies like bookstores, travel agencies, radio stations, television networks, or religious organizations that will not hire LGBT employees because it violates their faith-based beliefs?”
Several discriminatory cases related to sexual orientation have been reported over the years, but Jennifer Laude’s death is the most unacceptable. On the night of October 11, 2014, Jennifer was found dead, at the Ambyanz disco bar in Olongapo. When Joseph Scott Pemberton knew that she was a transgender, Pemberton punched and strangled her, leaving marks on her neck and left her in a toilet bowl. Pemberton admits the assault, “I think I killed a he/she,” Pemberton did not even know how to address who Jennifer is.
How many cases like Jennifer Laude shall we tolerate before passing this bill that simply requires equal treatment regardless of their sexual orientation? How many violence and discrimination against the LGBT community shall we deny before we heed their call? Despite the endless debates on amplifying the rights for equal treatment of the LGBT, arguments — such as heterophobia, lack of religious connection with God, lack of basis for gender identity, conservatives continue to demean the rights of the LGBT community as seen with the lack of progress of the SOGIE bill.
The Philippine Constitution, the sole basis for enacting laws and its implementation, is fully unexercised due to the subjectiveness of most law-makers, especially concerning their religious beliefs. Religion should not be considered in enacting civil and political rights as it is not part of any law. The Philippine state must remain secular and shall never become a theocracy, we must embody our exercising secularization that will give equal rights for all and not just a few.
