Showing posts with label anti-discrimination bill. Show all posts
Showing posts with label anti-discrimination bill. Show all posts

Saturday, March 14, 2015

Pastoral Moral Guidance on the Anti-Discrimination Bill


Our good friend and spiritual father in Courage, Bishop Gilbert Garcera, wishes this document to be spread to as many people as possible on the issue of anti-discrimination bill. May we all be enlightened.


Congress of the Philippines is poised to pass into law what was earlier known as the Sexual Orientation and Gender Identity Bill, which is now more generally referred to as the Anti-Discrimination Bill. We are grateful that the CBCP was earlier asked by the relevant committees of the houses of Congress to submit its comments, and we did so. But now, we deem it opportune to express ourselves collectively on the matter.


Non-Discrimination is a Christian Imperative

If discrimination means that certain individuals, because of sexual orientation or gender identity, are systematically denied fundamental human rights, then any measure that counters discrimination of this kind is a gesture of charity, one that reaches out to all and recognizes them in their inherent dignity as sons and daughters of God, called to new life in Jesus Christ.

This then is also the propitious time for us to call on all pastors throughout the country to be as solicitous of the pastoral welfare of all our brothers and sisters regardless of sexual orientation and gender identity. Their exclusion from the life of the Church, their treatment as outcasts, their relegation to the category of inferior members of the Church worthy only of derision and scorn certainly does not conform to Pope Francis' vision of the Church as the sacrament of Divine mercy and compassion.

In this regard, the Church has much to contribute towards the education of Catholics to be more accepting of others and to see through appearances the Lord present in each brother and sister. There can therefore be no more approval of parents who imbue in their children the loathing and disgust for persons with a different sexual orientation or with gender identity issues. In Catholic institutions, there should be zero-tolerance for the bullying and badgering of persons in such personal situations.


Christian Anthropology and Consequences for Pastoral Care

The Church remains firm in its teaching, however, that reason discerns in the process of human evolution, the perpetuation of humankind, and the complementarity of the sexes, as well as from the very nature of sexuality itself that God's image and likeness is found in either man or woman. The Church therefore compassionately reaches out to persons with orientation and gender identity issues so that they may clearly discern, with a well-formed conscience, and in the light of the Divine plan for humankind, how they ought to live their lives.

In this regard, a common fallacy has to be contested. Today, it is not uncommon to hear the assertion that the way a person chooses to live his or her life and with which gender to identify is purely a matter of personal sovereignty and choice. Much is left to choice, but much is also a matter of human given-ness, a matter of human facticity. From the perspective of Divine Revelation, much is not of the person's doing but must be counted as God's gift. Among these are sexuality and gender.

While contemporary psychology and psychiatry are far from unanimous on the causes of orientation and identity issues, it is as clear that the individual is not helpless in this regard. There are decisions a person can and must make. There are mind-sets a person must either acquire or discard.

On the basis of its understanding of the human condition, the Church cannot encourage persons to “choose” their gender, orientation, and sexual identity as if these were matters at the free disposal of choice. The Church therefore looks to mature parents, school counselors, community workers, professional psychologists and personality experts, as well as to her own priests engaged in pastoral counseling, to help in the resolution of what, it must be admitted, are very difficult personal issues, always with understanding, compassion, acceptance of the inherent worth of the human person and attentiveness to what has been revealed to us about the human person.

We must also insist on the distinction between “orientation” and overt acts. No one may be excluded from the life of the Church and its sacraments merely because of avowed orientation or identity. However, the disapproval of homosexual acts remains part of the Church's moral teaching, a consequence in fact of its understanding of human dignity. If “gay rights” movements, for instance, encourage free and unbridled sexual relations between persons of the same sex, the Church cannot lend its support, for in its view, they ultimately do a disservice to our brothers and sisters. What gay rights can legitimately champion is justice for all, fairness that must extend to all persons regardless of sexual orientation and gender identity.


The Proposed Law

Before anything else, CBCP must ask whether or not the proposed non-discrimination bill is itself a manifestation of that pernicious form of “colonization” to which Pope Francis referred in his recent visit to the Philippines. Is this the “importation” into our country of values, behavioral norms and attitudes that the West has championed and peddled?

To the legislators who consider through future legislative initiatives giving legal recognition to same sex unions, the Church declares there is no equivalence or even any remote analogy whatsoever between marriage between a man and woman as planned by God and the so-called same sex unions.

Insofar as the proposed piece of legislation renders illegitimate the relegation of persons with sexual orientation and gender identity issues to citizens of a lower category enjoying fewer rights, the CBCP cannot but lend its support to this proposed legislative measure.

However, there are certain matters that the Church considers to be within its exclusive sphere of competence such as determining who should be admitted to priestly or religious formation, who should be ordained and received into Holy Order, or who should be professed as members of religious communities and orders. The Church asserts its exclusive right to determine its own criteria and to exclude even on the basis of sexual orientation and gender identity if it finds these to be hindrances to the fidelity that is expected of ordained or consecrated persons. We believe that the Constitution of the Republic guarantees this under the “free exercise” clause of the fundamental law of the land.

With respect to Catholic schools and the guidance and counseling that it extends to its students, the CBCP herewith expresses its position that our Catholic schools remain at liberty to determine their own admission and retention policies on the basis of the manner in which the Supreme Court of the Philippines has developed the constitutional guarantee of academic freedom. We must, however, reiterate that none must be demeaned, embarrassed, or humiliated for reasons of sexual orientation and gender identity.

Persons with homosexual orientation are sons and daughters of God; no less than any of us is. Discrimination against them is contrary to the Gospel spirit. Verbal and physical violence against them is an offense against the good Lord Himself. Through honest dialogue and pastoral accompaniment, it should be our goal to assist them to respond to the demands of chastity and that purity of body and heart that Jesus, in the Gospels, calls 'blessed'. When they wish to make an offering to the life of the Church according to their talents, abilities and gifts, the Church as mother provides for them.


Conclusion

We foresee that CBCP will be reproved for not going “all out” in its approval of homosexual and transsexual orientation and identity. But we pray that all will understand that the deposit of faith is not owed to us, nor is it something we are free to modify or tailor to suit fad and fancy.

We conclude by reiterating our position that your bishops and priests welcome all of God's sons and daughters, that there is room in the Church for all, whatever our personal conditions, gifts as well as burdens might be, and the Church will be tireless in extending its support and care for those in the midst of personal conflict who must make crucial decisions for themselves in the light of the new life Christ offers us all!

From the Catholic Bishops' Conference of the Philippines, March 3, 2015



+SOCRATES B. VILLEGAS
Archbishop of Lingayen Dagupan
President, CBCP

Sunday, November 9, 2014

Position Paper of Courage Philippines on Anti-Discrimination Bill


I have published a similar but longer version of this post in the past and so now I am posting a shorter version. There seems to be a push towards enacting anti-discrimination bills not just on the national but local level as well. I hope that they will be guided by our position regarding the said issue.


1. Classification of individuals based on sexual orientation and gender identity under these bills is unreasonable.

• Provision/Section

Section 3 – Definition of Terms

a. “Sexual Orientation” refers to the direction of emotional sexual attraction or conduct. This can be towards people of the same sex (homosexual orientation) or towards people of both sexes (bisexual orientation) or towards people of the opposite sex (heterosexual orientation).

b. “Gender Identity” refers to the personal sense of identity as characterized, among others, by manners of clothing, inclinations and behavior in relation to masculine or feminine conventions. A person may have a male or female identity with the physiological characteristics of the opposite sex.

• Reason for Opposing this Provision/Section

Anti-Discrimination bills on SOGI (sexual orientation and gender identity) were authored to address anti-discriminatory practices. However, by doing so it unjustly favors a group of individuals unreasonably classified over the rest despite basic natural gender similarities. We then see that these bills are gravely in violation of the constitutional guaranty of equal protection. The Equal Protection clause states “that no person or class of persons shall be deprived of the same protection of the laws which is enjoyed by other persons or other classes in the same place and in like circumstances” (Tolentino v. Board of Accountancy) .

However, classification of persons must follow all of the following criteria (People v. Cayat) :

1. It must rest on substantial distinctions.
2. It must be germane to the purpose of the law.
3. It must not be limited to existing conditions only.
4. It must apply equally to all members of the same class.

There has to be what is called substantial distinction, as contrary to superficial difference. This is the reason why we could distinctively classify men from women (difference in reproductive roles), minors from adults (difference in age of consent), citizens from aliens (difference in nationality) etc. This distinction can be described with relative permanency in the characteristics of the distinction being made. However when a person uses colors for vehicles or emotions and/or lifestyles for persons, they convey superficial differences in as much as these differences can change relatively in time – there exists no permanency in the distinctions being established.

It is important, therefore, to understand that sexual orientation is such a superficial difference since the attraction of a person to the same sex varies in degrees, and there are recorded cases of persons with diminished same-sex attractions, if not totally transformed into heterosexuals. So to classify individuals according to their sexual orientation (homosexuals, bisexuals and heterosexuals) is unreasonable.

The same argument can be applied in classifying persons based on gender identity. There are persons who may have in some aspects of his or her character an identity of the opposite sex, yet still retain some aspects of his or her character identifiable with the same sex. There are cases of persons who may at some point of their life decide that their identity is of the opposite sex, even to the point of undergoing sex change, yet reverted back to identifying themselves with their original gender. So it is also unreasonable to classify individuals based on their gender identity.

Anti-Discrimination bills on SOGI violate the equal protection clause as it is an established principle of constitutional law that the guaranty of the equal protection of the laws is not violated by a legislation based on unreasonable classification

2. Anti-Discrimination bills on SOGI are redundant of existing laws recognized in the Philippines.

• Provision/Section

Section 2 – Declaration of Policy
It is the policy of this state to work actively for the elimination of all forms of discrimination that offends the equal protection clause of the Bill of Rights and the State obligations under human rights instruments acceded to by the Republic of the Philippines, particularly those discriminatory practices as defined herein shall be proscribed and penalized.

• Reason for Opposing this Provision/Section

There are sufficient laws recognized in the Philippines : civil, administrative, criminal and political, that can be invoked for the protection of the rights of anyone – including persons with same-sex attractions.

a. Universal Declaration of Human Rights (Article 1 and 7)
b. The 1987 Philippine Constitution (Article II - Section 11, Section 15, Section 18, Section 26, Article IX-B (Civil Service Commission) - Section 2 (2), Article XII (Labor) - Section 3, Article XII (Health) - Section 11, Article XIV (Education) - Section 1, Article XVI (Military Service) - Section 4 )
c. The Labor Code of the Philippines (Article 3 and 6)
d. The Civil Code of the Philippines (Article 19, 20, 21, 26, 27 and 32) – covering Section 4, paragraphs (a) to (i)
e. The Anti-Graft and Corrupt Practices Act (Section 3 (e)) – covers the public sector applications of Section 4, paragraphs a to g
f. Code of Conduct and Ethical Standards for Public Officials and Employees (RA No. 6713) - Section 4 (c)
g. The Revised Penal Code (Article 287 on Unjust Vexation sufficiently covers Section 4, paragraphs a, f, g and h. Articles 282-287 on Threats and Coercion and Articles 353-362 on Libel and Slander and Article 364 on Intriguing Against Honor sufficiently cover Section 4 (h))
h. The Anti-Sexual Harassment Act of 1995 (RA No. 7877) - Section 2

These established laws sufficiently cover the entire length and breadth of Anti-Discrimination bills on SOGI’s concerns.

3. There is an imminent danger of abuse of “perceived discrimination” under these bills.

• Provision/Section

Section 3 – Definition of Terms

c. “Discrimination” shall be understood to imply any distinction, exclusion, restriction, or preference which is based on any ground such as sex, sexual orientation, gender identity, whether actual or perceived, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise by all persons of an equal footing of all rights and freedoms.

• Reason for Opposing this Provision/Section

Categorizing a discriminatory act as perceived is something relative – to the person being accused, to the person accusing and to the circumstances and other persons that surround the act itself. Therefore, defining “discrimination” with this phrase allows the law to be manipulated by scheming individuals, to which the law does not define protection over their possible victims. A scheming individual may or may not be a homosexual. Upon slight provocation, this individual may just simply sue anyone through this bill whom he or she feels is discriminating him or her. He or she may use this bill to sue anyone whom he or she pleases – convinced that he or she was discriminated against. Individuals, who may perceive by mere suspicion that he or she is being discriminated against, can also use this bill to his or her advantage.

Also, because gender identity is defined in terms of the individual’s inclinations or behavior, it is shortchanging the legitimacy of the behavior action being done. By virtue of this definition, a person may use the bill to incriminate individuals or institutions, even if his or her behavior is illegitimate – such as talking or laughing boisterously in places of worship, or making sexual advances to a person he or she is attracted to.

The following are some scenarios that may occur following the approval and implementation of this bill:

a. Boy Scouts and Girl Scouts of the Philippines will be apprehended if they will not admit individuals with active homosexual orientation as scout masters (Section 4 (b))
b. The parishes of the Catholic Church, despite of its moral stand on homosexual activities under the right to religious freedom, will be apprehended if they will not recognize gay militant organizations that would like to enter as parish-based organizations (Section 4(d))
c. Hospitals and clinics may be apprehended if they are not able to prioritize homosexual persons in admission to their facilities (Section 4(e))
d. Establishments, despite of their right to draw policies of dress code and conduct in their premises, will be apprehended if they will deny entrance to a homosexual person who exhibits dress code and/or behavior contrary to the policies of the establishment (Section 4(g))
e. Judges and/or church officials will be apprehended for not granting marriage licenses to homosexual couples (Section 4(h))
f. The responsibility of parents over their minor children under the Family Code of the Philippines will be undermined (Section 4 (i))
g. Law enforcers who arrest persons caught in illicit behavior (such as sexual activity in a public place) will be apprehended for harassment (Section 4 (j))

The provision on Section 4 (k) on other analogous circumstances present a dangerous and vague concept, which can be used by ill-meaning individuals who wants to pursue their own selfish interests. Individuals with perversions, such as pedophiles and sadomasochists, can also use this provision to justify their actions and behavior as something in relation to their gender identity and sexual orientation.

4. This bill may supersede existing criminal laws.

• Provision/Section

Section 8 – Repealing Clause

All laws, decrees, orders, rules and regulations o; parts thereof inconsistent with this Act are hereby repealed or modified accordingly.

• Reason for Opposing this Provision/Section

Because of this clause, it is not unlikely that it will undermine and consider useless the other criminal laws that are “inconsistent” with the provisions laid in the bill. It means it will supersede any law that is working contrary to the needs of homosexual persons.

For example, this bill may undermine the anti-harassment laws by allowing persons with homosexual inclinations and behavior to pursue other persons by making sexual advances to them, as it is warranted by their gender identity to do it because of their sexual orientation.



Prepared by:

COURAGE Philippines
www.couragerc.net
courageph@gmail.com
09285066974 / 09178427434

Tuesday, January 26, 2010

Anti-Discrimination Position Addendum



This is an addendum to our previous posts regarding House Bill 956 or the Anti-Discrimination Bill on the Basis of Sexual Orientation and Gender Identity set to be approved this month. Through this, we hope to raise greater public awareness on the implications of this bill and thereby give us an opportunity to present our logical valid arguments against HB 956. By the same token, Courage Philippines along with other support groups for people with SSA vehemently oppose the inclusion of Ang Ladlad as a candidate for the party list election in May 2010 as we believe that this group's main objective in Congress is to advance the gay agenda in the country. We continue to pray that our leaders in Congress be enlightened and convinced not to approve this piece of legislation. You can download a copy of this post here.


ADDENDUM ON THE POSITION PAPER
OF
COURAGE PHILIPPINES
ON HOUSE BILL 956 and SENATE BILL 11 and other similar bills
“An Act Prohibiting Discrimination
On the Basis of Sexual Orientation and Gender Identity
And Providing Penalties Therefore”


1. There is no wide-scale discrimination against homosexual persons in the Philippines that would necessitate a nationwide legislation of non-discrimination based on sexual orientation and gender identity

The Philippine society is one of the most tolerant and accepting of homosexuality. In fact, a youth commentary by a gay “balikbayan” from the United States, Nelson Everett Toriano, has this to say:

“I was surprised to find that in the mostly Catholic society of my homeland, gay culture is more tolerated than in America. From nightlife to the media, baklas (Tagalog for gays) are the norm. The strangest part of the entire experience was realizing that although I'm a gay male, as an American I was uncomfortable with such tolerance.

In the Philippines, I was aware of almost every gay interaction or innuendo. But no Filipino seemed to give any such occurrences a second glance. Upon returning to San Francisco, I realized that in the so-called "gay Mecca" of the United States, most public displays of gay affection take place only in the Castro district. Gays in the media have only recently increased in presence. And gays who act flamboyant in the hood are asking to get beat.

I was overwhelmed by the Philippines' social acceptance of gays. It was also fascinating to see how men in a different country interpreted femininity: thin bodies, long hair, thick layers of makeup. But what was most surprising was how much I, as a gay man, noticed these things while my straight friends there didn't even care.”

(http://www.sawatdee-gay-thailand.com/forum/gay-thailand/bangkok-philippines-t18302.html)

Most practicing homosexuals around the world is aware that the Philippines has the most gay-friendly environment in the world! They come to the Philippines because, second only to Thailand (http://philippines-travel.suite101.com/article.cfm/gay_manila), we have the most accepting society for homosexuality and even homosexual behavior. Consider these things that the Philippine society has to offer to homosexual persons:

a. Cruising Areas – places where LGBT persons thrive in great numbers and engage in bar-hopping or massage. The website http://wikitravel.org/en/Gay_and_lesbian_travel describes Manila as the GAY CAPITAL OF ASIA, where “most gay-friendly or LGBT-friendly destinations are found in the city and are owned by LGBTs themselves”. It also describes Cebu as having – “active LGBTQ organizations and gay-friendly restaurants and cafes”, and includes also Cagayan de Oro as an LGBT place to be. Another website, http://www.gayfriendlyislands.com/gay-friendly-islands-philippines.html describes the Philippines as GAY FRIENDLY ISLANDS, where “the choices are endless” in terms of places and destinations frequented by LGBT.

b. Personalities – if a boy is teased “bakla” or a girl “tomboy”, they would look up to these icons in the movie and television industries and will mimic their mannerisms and even embrace their ideals and principles in life. The website (http://tagaloglang.com/The-Philippines/People/gays-in-the-philippines.html) enumerates some of them:

Renee Salud, fashion designer to the stars
Jose "Pitoy" Moreno, fashion designer to the stars
Ricky Reyes, hairdresser to the stars
Jun Encarnacion, the deceased beautician to the stars who had a wife and children

Lino Brocka, critically acclaimed director of Macho Dancer (1988) who died in 1991
Mel Chionglo, director of Burlesk King (1999) and Midnight Dancers (1994)
Maryo J. de los Reyes, director of Magnifico (2003)
Ishmael Bernal, award-wining director
Soxy Topacio, director
Elwood Perez, director

Rustom Padilla, actor who came out of the closet in 2006
Ogie Diaz, gossip columnist and TV host
Boy Abunda, journalist and TV host
Aiza Seguerra, actress and singer
Ricky Lee, critically acclaimed screenplay writer of Burlesk King (1999)

c. Publications – mainstream bookstores are now aligned to have a new section in their stores “Gay and Lesbian Publications”, featuring books of foreign and local gay authors who want to promote the homosexual lifestyle – such as the Ateneo professor Danton Remoto and UP professor J. Neil C. Garcia who even freely teaches Gay Literature to his students at the university. These are some of the popular books and magazines of LGBT in the Philippine bookstores:

Books: (http://www.glbtq.com/literature/philippine_lit.html)
Danton Remoto's Skin, Voices, Faces (1991)
J. Neil C. Garcia's Closet Quivers (1992)
Tony Perez's Cubao 1980 at Iba pang mga Katha (1992)
Margarita Go-Singco's A Different Love: Being Gay in the Philippines (1993)
Nicolas B. Pichay's Ang Lunes na Mahirap Bunuin (1993)
Remoto and Garcia's Ladlad: An Anthology of Philippine Gay Writing (1994)
Remoto and Garcia's Ladlad 2 (1995)
Aida F. Santos and Ginay Villar's Woman to Woman: A Collection of Lesbian Reflections (1995)
Remoto's Seduction and Solitude (1995)
Garcia’s Philippine Gay Culture (1996)

Most of the gay titles have been published by Anvil Publishers, the publishing division of the National Book Store chain, which has bookstores in most of the Philippines' large shopping malls. By 1997, Anvil was publishing a considerable number of gay titles each year.

Magazines:
Weegender (LGBTQ Travel and Lifestyle Magazine)
MyFemme (magazine for lesbians)
Icon (skin magazine for gay men)
Valentino (skin magazine for gay men)
Ketchup (for the advancement of LGBT rights)

d. Advertisements – the gay political agenda of desensitizing our public on homosexual behavior is further seen on its promotion on print and television advertisements. Examples of such advertisements that promote homosexuality that was not censored by any advertising monitoring group are:

Pond’s Whitening Lotion television commercial in the year 2001 featuring two gay men holding hands while walking ( see http://www.youtube.com/watch?v=M6sHKyPxnBM&feature=related)

Glutamax billboard in SLEX (which is still there despite of objections of church groups because of pressures and influence of the gay community) featuring DJ Mojo Jojo and a silhouette man with the tag line “I feel Whiter and GAY each day” (see http://titlletatlle.blogspot.com/2009/08/dj-mojo-jojos-glutamax-billboard.html)

Added to these are tons of billboards depicting almost nude men in compromising positions – to which psychologically the market are gay men more than women, since men are more sexually aroused visually. This is still part of promoting the homosexual lifestyle to the public (if not promoting the wrong sense of masculinity).

e. Websites – there are a lot of LGBT websites available in the Internet, which are utilized frequently, even by our youth. Sad to say these websites promote the homosexual “sexual” behavior and thus endanger the innocence and morality of our young people. Examples of such websites are ManJam, Guys for Men, Men on the Net Erotic Stories, Gay Asia Online (where Manila is listed as a primary spot) and Philippine Gay Resources and Travel Tips

f. Movies – since most LGBTs work in the media, particularly in the movie industry, they utilize the production of movies, particularly the mass production of independent “gay indie” films that further desensitize the public on homosexual behavior and would mostly explain why Filipinos are accepting of LGBT. Some of these movies are:

(Sources are http://tagaloglang.com/The-Philippines/Movies/filipino-gay-movies.html
http://manilagayguy.net/2008/01/30/gay-indie-films-galore/ and www.imdb.com)

Macho Dancer (1988) starring Allan Paule, William Lorenzo, Daniel Fernando, Jaclyn Jose, Princess Punzalan, Bobby Samo, Joel Lamangan, Lucita Soriano, Charlie Catalia, Anthony Taylor & Johnny Vicar; directed by Lino Brocka; screenplay by: Ricky Lee; the ultimate Lino Brocka classic about sex, violence & corruption in the underbelly of Manila

Midnight Dancers (1995) starring Alex Del Rosario, Gandong Cervantes, Lawrence David, Perla Bautista & Ryan Aristorenas; directed by Mel Chionglo; screenplay by Ricky Lee; about three brothers from Cebu entering Manila's sex industry to work as "sibak"

Pusong Mamon (1998) featuring Albert Martinez, Eric Quizon and Lorna Tolentino, directed by Joel Lamangan tells about a unique story of a woman trapped in a homosexual relationship of two gay men.

Burlesk King (1999) featuring actors Rodel Velayo, Joel Lamangan, Leonardo Litton, Cherrie Pie Picache, Raymond Bagatsing, Elizabeth Oropesa & Nini Jacinto; director is Mel Chionglo; screenplay by: Ricky Lee; the story of an Amerasian and his friends from Olongapo eking it out in the gay nightclubs of Manila

Markova (2000) starring Dolphy and directed by Gil Portes tells the unconventional true story of Walter Dempster, Jr, otherwise known as Markova, the comfort gay man during the Japanese occupation in the Philippines

Doubt / Duda (2003) starring Andoy Ranay and Paolo Gabriel; written and directed by Crisaldo Pablo; nominated Best Director at the 2004 New York Asian American Film Festival and the Barcelona International Lesbian and Gay Film Festival; a critically acclaimed independent film about the relationship of a gay couple in the Philippines

Ang Pagdadalaga ni Maximo Oliveros (2005) starring Nathan Lopez and JR Valentin directed by Auraeus Solito tells a tale of a 12-year-old gay who comes from a criminal family and falls in love with a handsome policeman.

Bathhouse (2005) featuring Jet Alcantara directed by Cirsaldo Pablo tells of a love story in a bathhouse in Metro Manila

Bilog (2005) starring Archie De Calma and directed by Crisaldo Pablo tells of a story of persons estranged in a cycle of homosexual behavior

Pantasya (2007) (director Brillante Mendoza) is a Filipino feature consisting of five episodes that all deal with wild gay fantasies involving men in uniform. The display of naked Asian male flesh is beautifully portrayed in each of these five erotic stories.

RoXXXanne by Jun Lana (writer/director) (February 2, 2008) tells of a story of a young man obsessed with cell phone sex scandal videos, even to the point of selling his body to homosexuals

Ang Lihim ni Antonio by Lex Bonife (writer) and Jay Altarejos (director) (February 4, 2008) tells of a tale of a teenage boy who discovers his homosexual attractions and begins to explore it

Daybreak by Charliebebs Gohetia (writer) and Adolfo B. Alix, Jr. (director) (March, 2008) tells of a married man and a light house guardian who falls in love

Sagwan (2009) by Monti Parungao tells about the prostitution of boatmen towards gay tourists

Heavenly Touch (2009) by Joel Lamangan tells the sexual struggle of male masseurs

These movies present the gay person in all walks of life, birthing the term MSM – men having sex with men. This means that they are teaching the public that anyone, even a straight person, can embrace homosexuality.

g. Church – many are not aware that there are already existing gay churches in the Philippines that perform same-sex “marriages” (which they call holy unions) and a religious order that ordains gay priests.

Metropolitan Community Churches (http://mccph.wordpress.com/) that perform holy unions are to be found in Makati, Quezon City, Baguio and Dasmarinas Cavite

The Order of St. Aelred is a religious order in the Philippines which accepts all people from all sexual orientation and ordains women and men to the holy priesthood for the purpose of serving the spiritual needs of God's children. The order promotes the eligibility of the LGBT community for the friendship of God, which follows the absolute right of the LGBTs for human rights. The order also supports the Pride March.

h. Gay Advocacy Groups – homosexuals are not deprived of organizing into political groups that want to advance their political agenda of promoting homosexual behavior to the public. Examples of such groups are:

Lesbian and Gay Legislative Advocacy Network Philippines (LAGABLAB-Pilipinas)

Progressive Organization of Gays in the Philippines (ProGay Philippines)

Rainbow Rights Project

Lesbian Advocates Philippines, Inc.

Indigo Philippines

Women Supporting Women Center

Lunduyan ng Sining (Sanctuary of Art)

Society of Transsexual Women of the Philippines (STRAP)

University of the Philippines Babaylan (UP Babaylan) - first LGBT student organization in the entire UP System and the Philippines

The website http://wapedia.mobi/en/List_of_LGBT_rights_organizations#4. lists the Philippines with the most number of LGBT organizations in Asia. They come to fight for their human rights, but their “rights” are based on their behavior, which is dangerous since it encourages other behavior based groups to clamor for their “rights”.

With all of these happening in the Philippines, how can we say that there is wide-scale discrimination happening in our country that necessitates the passage of a bill on non-discrimination? We are an accepting and loving people, and as such LGBT has been successful in breaking grounds in Philippine society. Now, a passage of anti-discrimination bill will turn the level acceptance of gays into superiority – where a special class is treated preferentially by law.


2. Cases of discrimination of homosexuals is not due to the persons themselves but to the behavior that they exhibited (or a collective knowledge of behaviors of homosexual persons) – which in authentic criminal law should be judged as good or bad accordingly

The LGBT community is always crying foul over cases of discrimination due to sexual orientation or gender identity. However, one must be discerning whether such cases of discrimination were made because of the person per se, or of the behavior that the person manifested, or a collective knowledge of the general public on homosexual behaviors, that may be the basis of the person being “discriminated”.

The following are some local news reports made in recent years that tells us that institutions are generally accepting of homosexual persons, and explain how bad or criminal behavior manifested becomes the basis of “discrimination”:

“Inihayag ng isang opisyal ng Armed Forces of the Philippines na posibleng buksan ang institusyon para sa mga bakla at tomboy na nais maging sundalo. “For as long as you are not showing outward manifestation, you are not disturbing others, you are not causing scandals, then there is no problem with that," pahayag ni Army chief Lt. Gen. Victor Ibrado nitong Martes. Sinabi naman ni AFP Civil Relations Service Brig. Gen. Gaudencio Pangilinan na maaaring maalis sa serbisyo ang isang sundalo kapag gumawa ng mali. ”Remember, we have certain officers who were removed, discharge from the service because of scandalous acts. That we cannot tolerate," ayon kay Pangilinan. Ilang taon na rin ang nakararaan nang masangkot sa iskandalo at matanggal sa serbisyo si Army Maj. Ferdinand Ramos matapos lumabas ang isang video habang pinipilit umano nito ang isang kasamahang sundalo na makipagtalik.” (http://www.gmanews.tv/story/151239/afp-posibleng-tumanggap-ng-bakla-tomboy)

“Bakla man o tomboy ay kuwalipikadong mag-enrol sa Philippine National Police Academy (PNPA) para mapabilang sa organisasyon ng kapulisan. Ito ang binigyang diin ni Sr. Supt. Melvin Mongcal, Dean of Academics ng PNPA sa gitna na rin ng mga isyu na hindi tinatanggap sa PNPA ang mga 3rd sex kahit pasado ang mga ito sa entrance at medical exam. Ayon kay Mongcal, walang umiiral na diskriminasyon sa PNPA at lahat ng babae at lalaki na ibig mag-pulis ay kanilang tinatanggap basta’t kuwalipikado, ke bakla pa siya o tomboy. "We are more particular in the capability of our cadettes rather than to give focus about their respective genders," ani Mongcal.”
(http://www.philstar.com/Article.aspx?articleId=338523&publicationSubCategoryId=92)

“The Manila Archbishop Monday said that having homosexual Catholic priests wouldn’t be “too bad” as long as they didn’t “act out” their “tendencies.” In an interview on Church-run Radio Veritas, Gaudencio Cardinal Rosales acknowledged that gay men had been accepted into the priesthood because “even if [the priest] has [homosexual] inclinations, it does not immediately mean that he is evil.” The cardinal noted that such priests had chosen “to make a distinction between inclination and acting out.” “A homosexual inclination is not bad but acting it out is an entirely different matter, and that is what is written in the sacred scriptures,” he added. Rosales explained that this had been the stand of Pope Benedict XVI who, he said, was “not condemning homosexuals” per se when he confronted the issue of pedophile priests during his recent visit to the United States. He noted that when Benedict declared in New York that “the Church needs holy priests, not many priests,” the latter was speaking out particularly against men of the cloth who had sexually abused children and brought shame to the Church.”
(http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080520-137636/Cardinal-Rosales-says-gay-priests-OK-but-)

If we are to pass an anti-discrimination bill that is based on sexual orientation and gender identity where these terms are defined on a person’s behavior/s, then we are in danger of passing judgment that all homosexual behaviors are good, innate and uncontrollable because of their sexual orientation and gender identity. We will legitimize homosexuality in all its forms, whether the behavioral manifestations of homosexuality is socially (and morally) acceptable or not. We will penalize our people for the ability to pass judgment on someone’s behavior.


3. The terms Sexual Orientation and Gender Identity are political terms that only advances the gay agenda and are not recognized in binding principles by international laws

Just this December 18, 2009 the United Nations General Assembly “eliminated a reference to General Comment No. 20 on non-discrimination in economic, social and cultural rights, which was issued earlier this year by the Committee on Economic, Social and Cultural Rights. “ This reference, according to the Iraq’s delegate who introduced the amendment “would recognize controversial concepts on sexual orientation”, and the removal would “prevent international instruments from being "strangely interpreted"”.

Even Prof. Douglas Sanders, a gay activist and member of the International Lesbian and Gay Association (ILGA), admits in his paper “Sexual Orientation in International Law” three points:

• None of the international human rights instruments mentioned make any reference to “sexual orientation” or "gender identity"
• Discrimination on the grounds of sexual orientation is impermissible under international human rights law
• Continuing reforms at the level of individual states – in the West and, more slowly, in Africa, Asia and Latin America – will permit sexual orientation issues to be openly addressed at the United Nations and in regional intergovernmental organizations in the years to come.

This last point clearly supports the idea in his paper that “two essential elements have laid the foundation for the advancement of the homosexual agenda: the repeal of any anti-homosexual criminal laws and the prohibition of discrimination. With these two elements in place, Sanders details a progression of homosexual rights in the realms of parental custody, inheritance laws, immigration rights for same-sex partners, government-sponsored educational programs against any criticism of homosexuality in schools as well as paving the way for cases challenging laws against same-sex unions and homosexual adoption.” (see www.c-fam.org)

It is just puzzling to think that we, as a supposed to be sovereign nation, will give in to the emotional and political pressures of ILGA and other LGBT organizations especially in our country, to include the complicated terms sexual orientation and gender identity in our legal system, and approve a bill on non-discrimination based on these terms, when the United Nations as a body, of which we are a member of, has eliminated these terms from their references (from any international instrument), especially on issues of non-discrimination.

The controversial Yogyakarta Principles, presented in a United Nations event in New York in November 2007, has only twenty-nine (29) countries as signatories, and the Philippines is NOT included as one of them (http://www.yogyakartaprinciples.org/index.php?item=25#_Toc161634723). We as a nation, and you, our dear legislators, should try to review these principles and see if we as a people are ready to accept ALL of the provisions given in these principles. Some of these principles are as follows:

• Repeal criminal and other legal provisions that prohibit or are, in effect, employed to prohibit consensual sexual activity among people of the same sex who are over the age of consent, and ensure that an equal age of consent applies to both same-sex and different-sex sexual activity;
• Take all necessary legislative, administrative and other measures to ensure that procedures exist whereby all State-issued identity papers which indicate a person’s gender/sex — including birth certificates, passports, electoral records and other documents — reflect the person’s profound self-defined gender identity;
• Take all necessary legislative, administrative and other measures to ensure the right of each person, regardless of sexual orientation or gender identity, to enjoy the private sphere, intimate decisions, and human relations, including consensual sexual activity among persons who are over the age of consent, without arbitrary interference;
• Repeal any law that prohibits or criminalizes the expression of gender identity, including through dress, speech or mannerisms, or that denies to individuals the opportunity to change their bodies as a means of expressing their gender identity;
• Release all those held on remand or on the basis of a criminal conviction, if their detention is related to consensual sexual activity among persons who are over the age of consent, or is related to gender identity;
• Ensure that education methods, curricula and resources serve to enhance understanding of and respect for, inter alia, diverse sexual orientations and gender identities, including the particular needs of students, their parents and family members related to these grounds;
• Ensure training and awareness-raising programmes, including measures aimed at teachers and students at all levels of public education, at professional bodies, and at potential violators of human rights, to promote respect for and adherence to international human rights standards in accordance with these Principles, as well as to counter discriminatory attitudes based on sexual orientation or gender identity.
• Ensure that notions of public order, public morality, public health and public security are not employed to restrict, in a discriminatory manner, any exercise of freedom of opinion and expression that affirms diverse sexual orientations or gender identities;
• Take all necessary legislative, administrative and other measures to ensure the right to found a family, including through access to adoption or assisted procreation (including donor insemination), without discrimination on the basis of sexual orientation or gender identity;
• Ensure the protection of human rights defenders, working on issues of sexual orientation and gender identity, against any violence, threat, retaliation, de facto or de jure discrimination, pressure, or any other arbitrary action perpetrated by the State, or by non-State actors, in response to their human rights activities. The same protection should be ensured, to human rights defenders working on any issue, against any such treatment based on their sexual orientation or gender identity;

If we are to pass into a law this anti-discrimination bill or any other bill that was based on these principles, then we are accepting these principles in its very essence. Soon, we shall be facing ourselves with the other gay rights bills that await the passing of the anti-discrimination bill. This bill will open the doors of Philippine society to the legitimization of homosexual behavior and practice, since it is based on the terms of sexual orientation and gender identity.


4. The Anti-discrimination bill may be used to incriminate people who does not approve of the homosexual lifestyle and behavior

Since the bill is based on the terms sexual orientation and gender identity that is defined on behavioral aspects of homosexuality, and discrimination is defined as actual or perceived – there is a danger that this will be used against persons or groups that does not approve of the homosexual behaviors and lifestyle. This danger is evident on the other nations who have already anti-discrimination laws based on sexual orientation and gender identity is in placed. Examples of how this type of anti-discrimination law has in fact brought discrimination to other types of persons:


South Africa: Homosexual Discrimination Against Heterosexuals and Women “Necessary” for Democracy

“It’s okay for guest houses catering to a homosexual clientele to discriminate against heterosexual couples, women, and lesbians, the Commission on Gender Equality ruled recently, saying it is a “necessity in our democratic society.”

The Human Rights Commission received an official complaint against two Amsterdam guest houses over a year ago, stating that the resorts were billed as “men only.” The Gay and Lesbian Alliance initiated the action after claiming to receive 107 complaints of discrimination from women, lesbians and heterosexual couples who had been turned away, Pretoria News reported yesterday. The complaint was referred to the Commission on Gender Equality, which determined that the guest houses were operating within their rights when they specified “men only,” saying they were “serving a legitimate interest in…that they seek to create a comfortable environment for gay men where they can express themselves freely.” (http://www.lifesite.net/ldn/2006/jun/06062704.html)


Cardinal Says Church Must be Exempted From British Homosexual Discrimination Law - Warns if exemption not granted Church could no longer operate adoption agencies
The Chancellor of England, Lord Falconer, told the BBC this weekend that there would be no religious exemptions to the new Equality Act's "sexual orientation regulations" (SOR). In response, England's highest-ranking Catholic prelate has warned that the Church could no longer operate social services such as adoption agencies if the government insists on coercing adherence to the homosexual doctrine. (http://www.lifesite.net/ldn/2007/jan/07012401.html)

Homosexual Indoctrination in Schools
Under this new version of the homosexual indoctrination bill, private schools would also be banned from any teaching or activities deemed “adverse” to the homosexual or other alternative lifestyles. This means that any teaching promoting traditional families would be discriminatory. Any activities such as having a prom king and queen or gender-specific bathrooms would also be discriminatory. (http://www.capitolresource.org/web/34.html)

Oakland Employees Persecuted for Stand on Marriage
Two city employees in Oakland were denied their free- speech rights when a supervisor removed a flier the pair had posted on a workplace bulletin board, expressing support for traditional marriage. Despite the fact that the city had earlier disseminated information to workers on a “National Coming Out Day” rally to oppose “hatred and bigotry” against homosexuals, the workers were not permitted to express their own views on the issue. The flier posted by the employees simply promoted a “Good News Employee Association,” where workers could come together to “preserve our workplace with integrity.” The flier stated that the association “is a forum for people of faith to express their views on contemporary issues of the day with respect for the natural family, marriage and family values.” A supervisor removed the flier after a lesbian coworker complained. The employees then sued, claiming that their rights were violated by an Oakland anti- discrimination policy that promotes homosexuality and denounces Christian values. A federal judge dismissed the lawsuit and now the case is being appealed to the 9th Circuit Court of Appeals. (http://www.capitolresource.org/web/34.html)

Parental Rights Disappear at the Public School Door
It is alarming when public schools trash parental authority in order to force a politically correct agenda. That’s exactly what happened earlier this month in Massachusetts when a federal judge sided with public schools over parents. Four parents had sued Lexington public school when their children were given books normalizing homosexual families, without their parents’ permission. One couples’ seven-year-old son was read a homosexual fairy tale, “King & King” where a prince turns away a beautiful princess after falling in love with another prince. The princes marry, kiss, and live happily ever after. The story was read as a part of class on weddings. Lexington public school officials argued that schools have the authority to teach homosexuality in a positive light and that parents have no right to remove their children from such instruction, but that parents’ only option is to entirely remove their children from the public school. (http://www.capitolresource.org/web/34.html)


This are the scenarios that will face us when the Anti-Discrimination bill becomes a law. The liberty and freedom of other persons will be jeopardized to favor the LGBT community. Any person who stands to oppose the promotion of homosexual behavior will be outlawed. Now, see this local news taken from Philippine Star dated June 2, 2008:

Sekyu kinuyog ng 5 maingay na bakla
Ni Rose Tamayo-Tesoro (Pilipino Star Ngayon) updated June 02, 2008 12:00 AM

Halos hindi mailarawan ang mukha ng isang guwar­diya makaraang kuyugin, sabunutan at bugbugin siya ng limang bakla na pawang naburyong maka­raang sita­hin niya sa pag-iingay ng mga ito sa loob ng kanyang binabantayang internet café kahapon ng hatinggabi sa Makati City. (…) Nauna rito, labis uma­nong nairita ang mga suspek nang sawayin sila ng biktima dahil sa labis nilang pag-iingay na ikinabulahaw din ng iba pang kostumer. Iginiit naman ng mga sus­pek na sila ay mga kustomer at hindi naman sila nang­gugulo. Humantong lamang uma­no ang mainitan nilang pag­tatalo nang laitin na umano sila ng guwardiya sa pagiging homosexual nila na naging dahilan upang pagtulungan nila itong kuyugin at bugbugin.

This is just an example of how members of the LGBT community will be encouraged to harass persons who oppose their behavior, even if these behaviors are already violating the rights and moral sensitivities of other persons. They will vouch on sexual orientation and gender identity as their license to conduct themselves in these behaviors. And this anti-discrimination bill, when it becomes a law, will have a “chilling effect” on the general public, making them avoid and fear homosexual persons all the more for fear of being involved in a discriminatory case.

The LGBT community is not merely asking for acceptance, but superiority. We, members of Courage, are persons with same-sex attractions (like them), but we are working not only for acceptance by society, but for us to be empowered to face our condition and humbly change to become better persons for others. We begin with ourselves.

Tuesday, January 12, 2010

Courage's Counter Proposal to HB 956



In our previous post, we explained in great detail our position on the Anti-Discrimination Bill (HB 956). This time we have come up with a counter proposal that will more effectively answer the issue of discrimination of homosexual persons, without the dangers and ambiguity of the current bills. You can download a copy of this counter proposal here.



COUNTER-PROPOSAL
OF
COURAGE PHILIPPINES
ON HOUSE BILL 956, SENATE BILL 11 and other similar bills
“An Act Prohibiting Discrimination
On the Basis of Sexual Orientation and Gender Identity
And Providing Penalties Therefore”


1. The Anti-Discrimination bills (HB956, SB11 and similar bills) is not the answer to discrimination.

As we have outlined in our position paper, there are several reasons why HB956, SB11 and similar such bills do not answer the problem of discrimination. Such reasons are the following (details of which are found in the position paper)

a. Sexual Orientation and Gender Identity as Classification is Unreasonable and Against the “Equal Protection” clause
Classification of individuals according to law must have a clear and distinct difference between categories. It must go beyond a superficial difference to a substantial distinction. The terms “sexual orientation” and “gender identity” does not pass this criterion. Moreover, a law that is passed for persons using these classifications unjustly favors a group of individuals over the rest of similar nature, and therefore violates the constitutional guaranty of equal protection.

b. The Danger of “Discrimination”
As this bill defines “discrimination” as actual or perceived draws it into a relativistic point – depending upon the perception of an individual that cries for discrimination. Among many other “dangers” that this definition and its accompanying provisions bring, there can be four (4) major points:
- Scheming individuals, whether or not they are homosexuals, may manipulate the law and use “discrimination” to extort from persons and/or institutions that are not protected by this bill
- By mere suspicion and without any substantial evidence, any homosexual person may use “discrimination” against anyone whom he or she pleases
- The definition of sexual orientation and gender identity in this bill includes inclinations and behavior, to which the bill does not account for the legitimacy of the behavior done – such as public scandals & sexual activities
- Discrimination under other analogous circumstances may pave the way for other groups, such as pedophiles, sadomasochists, and exhibitionists, to justify their actions and behavior as being part of their sexuality.

c. Superceding Other Criminal Laws
The repealing clause of the bill will consider useless and numb all other criminal laws that are “inconsistent” to the agenda of the bill – that is protection of persons with a different sexual orientation. It will warranty any kind of behavior of homosexual persons – whether or not it is legal or moral in nature, or whether or not it undermines the rights of another human person.

d. Redundant of Existing Laws recognized in the Philippines
There are sufficient laws recognized in the Philippines that can be invoked for the protection of the rights of anyone – including homosexual persons. The common problem of these laws being practiced and conferred upon persons in the current situation of Philippine society is NOT a matter of the person’s sexual orientation or gender identity, but a matter of the person’s popularity, riches and/or power.

e. Causes versus Effects with Discriminatory Practices
Hon. Loreta Ann Rosales, in her introductory cover of HB 634, mentions that discrimination is caused primarily by “misconceptions and ignorance”. With this being said, is it justifiable to confer punishment to anyone who does not fully understand, much less define, sexual orientation and gender identity? Is it right to impose penalty on someone who is brought up by a society that misunderstands, makes fun of, and scoffs at homosexual persons? It is like training a dog to bite a person in red pants, and kills the dog when it does bite a person in red pants. It is best to properly educate the general public first, let this new learned concept be practiced, before imposing a law.


2. Learning about Homosexuality.

We must ask ourselves – where does the Filipino public get their idea/s about homosexuality? There is a wide genre of information available about homosexuality, but let us examine those sources that are immediately available and are popularly presented in Philippine society:

a. Immediate environment – in the home, in the neighborhood, in school or in the office, are there self-confessed homosexual persons? How do they conduct themselves? What is their lifestyle? How are they perceived by family, friends and immediate environment? Are there issues of gossiping, extortions, falsehood or immoral acts such as public sexual acts attached to the homosexual person? Or is the news about being a good provider and defender of the family, or being a creative and responsible student or worker?

b. Direct experience with a homosexual – how does one describe his or her experience being with a homosexual person? What are the products of these experiences? Are they fond of homosexual persons, just because they are funny but because they are worth of friendship? Or are they despising of them because of experiences of sexual advances or betrayal of friendship?

c. Mass Communications – though it may be indirect information, one cannot deny the effects that media imposes upon its subscribers; particularly gay literature that presents an agenda to its recipients

- Books such as Skin, Voices, Faces (1991) by Danton Remoto, Closet Quivers (1992) by Neil Garcia, Cubao 1980 at iba pang Katha (1992) by Tony Perez, A Different Love: Being Gay in the Philippines (1993) by Margarity Go-Singco, Ang Lunes na Mahirap Bunuin (1993) by Nicolas B. Pichay, Ladlad: An Anthology of Philippine Gay Writing (1994) edited by Remoto and Garcia, Ladlad 2 (1995) edited by Remoto and Garcia, Woman to Woman: A Collection of Lesbian Reflections (1995) edited by Aida F. Santos and Ginay Villar, Seduction and Solitude (1995) by Remoto; mostly published by Anvil Publishers.

- Magazines such as Icon, L, Valentino and Generation Pink

- Television shows such as GMA-7’s OUT and Queer Eye for the Straight Guy

- Movies such as (international) Philadelphia, Broke Back Mountain and (local) Pusong Mamon, Ang Pagdadalaga ni Maximo Oliveros, Markova and movies with sex themes such as Macho Dancers, Twilight Dancers, Sibak, Bathhouse, Duda, Bilog, Masahista, Ang Lalaki sa Parola, Day Break, Lihim ni Antonio

- Stage Plays such as ZsaZsa Zaturnah and M Butterfly

- Gay Icons such as Boy Abunda, John Lapus, IC Mendoza, Ricky Reyes, and Inday Garutay

Collectively, what do these sources tell us about homosexuality? Let us examine only those points that aim to provide a foundation for the gay agenda (see attached speech of Michael Swift, 1987).

• Homosexuality is a gift of nature
Gays are born, not made. It is a gift that must be celebrated and flaunted for everyone to see.

• Homosexual behavior cannot be controlled
Dressing up and having mannerisms of the opposite sex, desiring and engaging in sexual activities with persons of the same-sex, and other similar behaviors are innate with the homosexual person; if you are homosexual, then you behave as such.

• Homosexuals are preoccupied seeking sexual relationships with the same-sex
Gay literature and websites would most often feature items which are sexual by nature – nude pictures, erotic stories, sex toys, cruising places, bars and meeting up places etc.

• The Church is homophobic and propagate a culture of hate against homosexual persons
Conservative (anti-liberal) movements such as the Church condemn homosexual persons as sinners and sick people, and thus contribute to hate crimes and acts of discrimination against gays.

• Homosexuals who are accepted for what they are AND for what they do live happy lives
If only people will accept homosexuals for who they are (including what they do like same-sex sexual activities and same-sex partnerships/marriages), they will be happy.

• Once a homosexual, always a homosexual
This is a finality statement – that no matter what a homosexual do (having heterosexual marriage, being in therapy etc.), he or she will always remain a homosexual.


3. These ideas about homosexuality contribute to “misconceptions and ignorance” that leads to discrimination.

Let us ask another question: are these ideas presenting the whole picture about homosexuality? Or are they contributing to the misconceptions and ignorance about homosexuality?

For a typical Filipino, if asked to describe a “bakla”, terms that will probably be enlisted are: “mukhang babae”, “malandi”, “maharot”, “kikay”, “nakikipag-sex sa kapwa lalaki”, “parlorista”, “chismosa”, “madaldal”, “maingay” – and if asked to describe a “tomboy”, terms that will probably come out are: “mukhang lalaki”, “brusko”, “matapang”, “security guard”, “bouncer”, “possessive”, “nakikipag-sex sa kapwa babae”…

One may say these are all stereotypical descriptions of homosexuals – but where do they get these descriptions? Where do homosexuals get information on the character and behavior of homosexuals? We have answered this already. Yet, despite of all the gay literature available, these notions about homosexuals still abound, and homosexuals still behave the same. And these ideas directly or indirectly contribute to discrimination of homosexuals.

For the homosexual: knowing that he or she is born gay, is pre-occupied with sex, his/her behavior cannot be controlled, and that he or she will forever be gay – this person will engage himself or herself into a lifestyle that seeks to integrate behaviors into the person, such that he or she will not be able to see himself or herself apart from the dressing up or the mannerisms or the sexual activities or the same-sex partnerships that he or she has.

For the person who is not homosexual: knowing that homosexuals are born, are pre-occupied with sex, with behaviors that cannot be controlled, and that they will never change – this person will relate with a homosexual as if the behavior is integrated with the person, and so if news reach him through media or through experiences of other persons (sometimes even his/her personal experience) that a homosexual behaved badly (e.g. involved in a financial scam or caught in sexual activities in public or harassing young men into having sex with him for a price or for fame), he or she will label this behavior upon all homosexuals, and thus develop a discriminating mindset against homosexuals.

The cases of discrimination or “hate crimes” against homosexuals are a by-product of the behaviors that homosexuals exhibit in either public or private affairs. People who have bad experiences with homosexual persons (e.g. molested or scammed or abused) tend to relate with hatred towards any homosexual. But people who have had good experiences with homosexual persons tend to relate with love towards any homosexual.

Yet, gay activists have always accused the Church of propagating a culture of hate. However, difficult as it may seem, the Church has always distinguished the person from the behavior – and continued to protect the dignity of the human person, whether homosexual or heterosexual, while disapproving of the behavior of sexual activity outside marriage, whether homosexual or heterosexual.


4. Better understanding of homosexuality leads to a better treatment of homosexual persons.

In spite the proliferation of gay literature, gay films, gay lingo and ultimately the gay culture in Philippine society, homosexuals still cry out as being victims of discrimination. Why is this so?

Gay culture only presents WHAT homosexuals DO, and play down, if not totally avoid, the discussions on WHY.

It is one thing to present what gay people do, yet if we want people to understand homosexuality, we must go beyond definitions and behaviors and start answering the question: why does a person become gay?

To dismiss this question and state that society must just accept homosexuals for who they are AND what they do undermines the intelligence of the Filipino people – unless it is really part of the gay agenda to dismiss discussions on the origins of homosexuality.

If people will understand why a person becomes a homosexual, and what factors contribute to homosexuality; as well as the painful road that a homosexual undergoes in his or her growing up years, there will be no room for discrimination, only much room for love and affirmation.

Our group can testify as to how our family and friends have better understood and loved us knowing this.


5. Education is the answer to Discrimination!

There are hard facts that must be given to the Filipino public, and this is to be given through continuous education. We hope that our legislative bodies, instead of approving bills that are deceptive and are ultimately cloaked with the gay agenda, will develop and approve measures that will re-educate our people on the truths about homosexuality. Some of these truths are as follows:

a. A homosexual is a person with same-sex attractions.
There are homosexuals in all walks of life – whether or not they fit into the stereotypes presented in society. They may be fashion designers or showbiz personalities or corporate managers or teachers or persons in high authority – the common characteristic is that they are sexually attracted to persons of the same-sex.

b. There is a difference between homosexual attraction and homosexual behavior.
Being attracted to persons of the same-sex is something that one doesn’t have control – initially. But how do we respond to such attractions, and how do we conduct ourselves as a result of these attractions – our behavior, this is where we have control.

c. Homosexuality is not all of genetics but more of environment.
Gay research has for years been searching for a gay gene but has found no concrete, repeatable and reliable study to prove one. Though it may be uncertain that genetics may play a part in the development of homosexuality in a person, many studies (see those published in www.narth.com) suggest that it is more of environmental factors (family, peers, school, religion, media, society etc.) that determines the homosexual inclination of an individual.

d. Homosexuals have choices.
Since behavior is a matter of choice, the homosexual can choose whether to dress and act like the same-sex or the opposite sex, whether to flaunt their homosexuality or to hide it “in the closet” or to deny it, whether to engage in same-sex activities or not, whether to look for a partner or not and similar such other choices

e. Change is difficult but possible for the homosexual.
Since the homosexual has choices, then ultimately he or she has a choice whether or not to continue living in the homosexual lifestyle, or to break free from this lifestyle and live a chaste life, and furthermore to rediscover his manhood or her womanhood and be happily heterosexually married and bring up a family. Countless individuals can testify to the hope of change, and as such ministries have been developed and continue to reach our to persons with same-sex attractions who are now open to change (see www.peoplecanchange.com, www.gaytostraight.org, www.pureintimacy.org and Door of Hope ministry of www.settingcaptivesfree.com)

f. There are groups available to help homosexuals who decide to change.
Individuals who were formerly gay are less known today – but they exist. Yet we could name some famous names such as Ansel Beluso (who was a screaming gay personality in the 1980’s, and who is now a loving husband and a father to three kids) and Vins Santiago (who is a transsexual under the classic statement “woman trapped in a man’s body”, and who is now a man dressing and acting like a man).

These individuals have decided to proclaim the message of hope that homosexuals can change, and have formed groups that help other men and women find their own unique roads to change. Such groups are:
- Bagong Pag-asa under the leadership of John Zulueta (www.bagongpagasa.org )
- Called to be Free Ministries under the leadership of Vins Santiago (www.called2bfree.com )
- Gentlemen of the Lord (Couples for Christ) under the leadership of Ansel Beluso and Myke Perfecto
- Courage under the leadership of Rollie delos Reyes II (www.couragerc.net )
- Ichthus Community under the leadership of Joe Garcia
- Aftercall Community under the leadership of Jelo de Guzman (www.aftercall.ning.com)

g. God, through the Church, loves the homosexual person.
The Catechism of the Catholic Church clearly states that homosexuals “…must be accepted with respect, compassion and sensitivity. Every sign of unjust discrimination in their regard should be avoided.” If only every Catholic knows this teaching of the Church, as well as its other teachings on homosexuality such as Cardinal Ratzinger’s (now Pope Benedict XVI) Letter to the Bishops On the Pastoral Care of Homosexual Persons (1986), we would understand how much the Church cares for its flock – even the homosexual person.

Through these hard truths we may educate our people on homosexuality, and thus end the discrimination that emanates from the incomplete and sometimes twisted ideas presented by the gay agenda to our society.


THE HOMOSEXUAL AGENDA
By Michael Swift,
"Gay Revolutionary." Reprinted from The Congressional Record. First printed in Gay Community News, February 15-21 1987


"We shall sodomize your sons, emblems of your feeble masculinity, of your shallow dreams and vulgar lies. We shall seduce them in your schools, in your dormitories, in your gymnasiums, in your locker rooms, in your sports arenas, in your seminaries, in your youth groups, in your movie theater bathrooms, in your army bunkhouses, in your truck stops, in your all male clubs, in your houses of Congress, wherever men are with men together. Your sons shall become our minions and do our bidding. They will be recast in our image. They will come to crave and adore us.

Women, you cry for freedom. You say you are no longer satisfied with men; they make you unhappy. We, connoisseurs of the masculine face, the masculine physique, shall take your men from you then. We will amuse them; we will instruct them; we will embrace them when they weep. Women, you say you wish to live with each other instead of with men. Then go and be with each other. We shall give your men pleasures they have never known because we are foremost men too, and only one man knows how to truly please another man; only one man can understand the depth and feeling, the mind and body of another man.

All laws banning homosexual activity will be revoked. Instead, legislation shall be passed which engenders love between men. All homosexuals must stand together as brothers; we must be united artistically, philosophically, socially, politically and financially. We will triumph only when we present a common face to the vicious heterosexual enemy.

If you dare to cry faggot, fairy, queer, at us, we will stab you in your cowardly hearts and defile your dead, puny bodies.

We shall write poems of the love between men; we shall stage plays in which man openly caresses man; we shall make films about the love between heroic men which will replace the cheap, superficial, sentimental, insipid, juvenile, heterosexual infatuations presently dominating your cinema screens. We shall sculpt statues of beautiful young men, of bold athletes which will be placed in your parks, your squares, your plazas. The museums of the world will be filled only with paintings of graceful, naked lads.
Our writers and artists will make love between men fashionable and de rigueur, and we will succeed because we are adept at setting styles. We will eliminate heterosexual liaisons through usage of the devices of wit and ridicule, devices which we are skilled in employing.

We will unmask the powerful homosexuals who masquerade as heterosexuals. You will be shocked and frightened when you find that your presidents and their sons, your industrialists, your senators, your mayors, your generals, your athletes, your film stars, your television personalities, your civic leaders, your priests are not the safe, familiar, bourgeois, heterosexual figures you assumed them to be. We are everywhere; we have infiltrated your ranks. Be careful when you speak of homosexuals because we are always among you; we may be sitting across the desk from you; we may be sleeping in the same bed with you.

There will be no compromises. We are not middle-class weaklings. Highly intelligent, we are the natural aristocrats of the human race, and steely-minded aristocrats never settle for less. Those who oppose us will be exiled. We shall raise vast private armies, as Mishima did, to defeat you. We shall conquer the world because warriors inspired by and banded together by homosexual love and honor are invincible as were the ancient Greek soldiers.

The family unit-spawning ground of lies, betrayals, mediocrity, hypocrisy and violence--will be abolished. The family unit, which only dampens imagination and curbs free will, must be eliminated. Perfect boys will be conceived and grown in the genetic laboratory. They will be bonded together in communal setting, under the control and instruction of homosexual savants.

All churches who condemn us will be closed. Our only gods are handsome young men. We adhere to a cult of beauty, moral and esthetic. All that is ugly and vulgar and banal will be annihilated. Since we are alienated from middle-class heterosexual conventions, we are free to live our lives according to the dictates of the pure imagination. For us too much is not enough.

The exquisite society to emerge will be governed by an elite comprised of gay poets. One of the major requirements for a position of power in the new society of homoeroticism will be indulgence in the Greek passion. Any man contaminated with heterosexual lust will be automatically barred from a position of influence. All males who insist on remaining stupidly heterosexual will be tried in homosexual courts of justice and will become invisible men.

We shall rewrite history, history filled and debased with your heterosexual lies and distortions. We shall portray the homosexuality of the great leaders and thinkers who have shaped the world. We will demonstrate that homosexuality and intelligence and imagination are inextricably linked, and that homosexuality is a requirement for true nobility, true beauty in a man.

We shall be victorious because we are fueled with the ferocious bitterness of the oppressed who have been forced to play seemingly bit parts in your dumb, heterosexual shows throughout the ages. We too are capable of firing guns and manning the barricades of the ultimate revolution.
Tremble, hetero swine, when we appear before you without our masks."

Tuesday, January 5, 2010

Courage Philippines' Stance on Anti-Discrimination Bill (HB 956)



This is our official stance on the issue of Anti-Discrimination Bill currently pending in Congress. The said bill will be deliberated this month. We pray that all the persons concerned especially the lawmakers be enlightened on the potential repercussions of House Bill 956 to our society in general and not give in to the demands of radical groups supportive of the gay agenda. You can download a copy of this post here.


POSITION PAPER
OF
COURAGE PHILIPPINES
ON HOUSE BILL 956 and SENATE BILL 11 and other similar bills
“An Act Prohibiting Discrimination
On the Basis of Sexual Orientation and Gender Identity
And Providing Penalties Therefore”



1. Sexual Orientation and Gender Identity as Classification is Unreasonable and Against the “Equal Protection” clause

a. Unreasonable
In classifying persons or things, there should be a clear and distinct difference between two categories. This is because in legal terms, classification is defined as the grouping of persons or things similar to each other in certain particulars and different from all others in these same particulars (Constitutional Law by Justice Isagani Cruz, supra). There has to be what is called substantial distinction, as contrary to superficial difference. This is the reason why we could distinctively classify men from women (difference in reproductive roles), minors from adults (difference in age of consent), citizens from aliens (difference in nationality) etc. This distinction can be described with relative permanency in the characteristics of the distinction being made.

However when a person uses colors for vehicles or emotions and/or lifestyles for persons, they convey superficial differences in as much as these differences can change relatively in time – there exists no permanency in the distinctions being established.

That is why it is important to understand that sexual orientation is such a superficial difference since the attraction of a person to the same sex varies in degrees, and there are recorded cases of persons with diminished same-sex attractions, if not totally re-oriented into heterosexuals. In fact, there are a number of “ex-gay ministries” available for persons struggling with same-sex attractions, such as our group Courage, and Bagong Pag-Asa, who assist the individual in understanding the struggle and living a chaste life. So to classify individuals according to their sexual orientation (homosexuals and heterosexuals) is unreasonable.

It is also equally important to understand that gender identity is also a superficial difference. As defined, it refers to a personal sense of identity (making it a subjective concept) based on manners of clothing, inclinations and behavior in relation to masculine or feminine conventions. Notwithstanding the argument that sexual orientation can be changed, the indicators of gender identity – manners of clothing, inclinations and behavior – are also undeniably factors in social science that can change relatively in time. The subjectivity of the definition (“personal”) makes it so general that it is difficult for it to be considered as a substantial distinction.


b. Against the “Equal Protection” clause
HB956, SB11 was authored to address anti-discriminatory practices. However, by doing so it unjustly favors a group of individuals over the rest despite basic natural gender similarities. As the senate bill strikingly is the same in content with House Bill 956, it was also made in favor of gays and lesbians, as it is written in HB 956’s explanatory note.

In the earlier position paper of Courage Philippines (2005), there was an example of two factory workers who were both due for promotions – one a homosexual, while the other a “straight” person. Given two case illustrations of employer-bias, the homosexual can use HB956, SB11 against a homophobic employer, but the “straight” person cannot use HB956, SB11 against a biased homosexual employer. This proposed bill ironically permits and allows discrimination and inequality. And the inequality lies in the behavior and/or sexual lifestyle chosen by a person – through HB956, SB11 more protection will be given to individuals who embrace the active homosexual lifestyle, as opposed to those who reject or fight against it.

For the “straight” person may also be having same-sex attractions but chooses not to act upon it, and furthermore chooses to conceal his or her struggles from the public. Yet because of HB956, SB11, he or she is discriminated against in favor of individuals who choose to be openly in the active homosexual lifestyle – not unless he or she will also openly embrace the same lifestyle. And so we can see that HB956, SB11 may be used to trigger an influence upon people who are genuinely struggling against same-sex attractions to consider taking on the gay lifestyle, so as not to be discriminated against.

We then see that HB956, SB11 is gravely in violation of the constitutional guaranty of equal protection – requiring that all persons or things similarly situated should be treated alike, both as rights conferred and responsibilities imposed. Similar subjects, in other words, should not be treated differently, so as to give undue favor to some and unjustly discriminate against others (Constitutional Law by Justice Isagani Cruz, p.120, 1991 ed.)


2. The Danger of “Discrimination”

Section 3 (c) of HB956, SB11 defines “discrimination” on grounds that are either “actual or perceived”. Section 4 then lists down the different discriminatory practices that may be incurred under the said bill. Categorizing a discriminatory act as perceived is something relative – to the person being accused, to the person accusing and to the circumstances and other persons that surround the act itself. Therefore, defining “discrimination” with this phrase allows the law to be manipulated by scheming individuals, to which the law does not define protection over their possible victims.

A scheming individual may or may not be a homosexual. Upon slight provocation, this individual may just simply sue anyone through this bill whom he or she feels is discriminating him or her. This person may also be just pretending to be a homosexual (although his or her gender identity – as it is defined also in the bill – is heterosexual). Yet, in the like manner, he or she may use this bill to sue anyone whom he or she pleases – convinced that he or she was discriminated against.

It can also be used by individuals, who may perceive, by mere suspicion that he or she is being discriminated against.

Also, because gender identity is defined in terms of the individual’s inclinations or behavior, it is shortchanging the legitimacy of the behavior action being done. By virtue of this definition, a person may use the bill to incriminate individuals or institutions, even if his or her behavior is illegitimate – such as talking or laughing boisterously in places of worship, or making sexual advances to a person he or she is attracted to.

The following are some scenarios that may occur following the approval and implementation of this bill:
a. Boy Scouts and Girl Scouts of the Philippines will be apprehended if they will not admit individuals with active homosexual orientation as scout masters (Section 4 (b))
b. The parishes of the Catholic Church, despite of its moral stand on homosexual activities under the right to religious freedom, will be apprehended if they will not recognize gay militant organizations that would like to enter as parish-based organizations (Section 4(d))
c. Hospitals and clinics may be apprehended if they are not able to prioritize homosexual persons in admission to their facilities (Section 4(e))
d. Establishments, despite of their right to draw policies of dress code and conduct in their premises, will be apprehended if they will deny entrance to a homosexual person who exhibits dress code and/or behavior contrary to the policies of the establishment (Section 4(g))
e. The responsibility of parents over their minor children under the Family Code of the Philippines will be undermined (Section 4 (h))
f. Law enforcers who arrest persons caught in illicit behavior (such as sexual activity in a public place) will be apprehended for harassment (Section 4 (i))
g. Government officials who are tasked to prosecute because of this bill will be apprehended even if he judges that the discriminatory case at hand is irrelevant or invalid based on his or her own moral judgment. (Section 5)

The provision on Section 4 (j) on other analogous circumstances present a dangerous and vague concept, which can be used by ill-meaning individuals who wants to pursue their own selfish interests. Individuals with perversions, such as pedophiles and sadomasochists, can also use this provision to justify their actions and behavior as something in relation to their gender identity and sexual orientation.


3. Superceding Other Criminal Laws

Due to the repealing clause (Section 8) of the bill, it is not unlikely that it will undermine and consider useless the other criminal laws that are “inconsistent” with the provisions laid in the bill. It means it will supercede any law that is working contrary to the needs of homosexual persons.

For example, this bill may undermine the anti-harassment laws by allowing persons with homosexual inclinations and behavior to pursue other persons by making sexual advances to them, as it is warranted by their gender identity to do it because of their sexual orientation.


4. HB956, SB11 is Redundant of Existing Laws recognized in the Philippines

There are sufficient laws recognized in the Philippines: civil, administrative, criminal and political, that can be invoked for the protection of the rights anyone – including persons with same-sex attractions.

(The following are taken from the position paper of Courage Philippines on HB 634 (same content as HB956 and SB 11), dated and submitted to the House of Representatives, Committee on Civil, Political and Human Rights on May 19, 2005)


a. Universal Declaration of Human Rights

Article 1 – All human beings are born free and equal in dignity and rights

Article 7 – All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination


b. The 1987 Philippine Constitution

Section 11, Article II (State Policies) – The State values the dignity of every human person and guarantees full respect for human rights

Section 15, Article II – The State shall protect and promote the right to health of the people and instill health consciousness among them

Section 18, Article II – The State affirms labor as a primary social economic force. It shall protect the rights of workers and promote their welfare.

Section 26, Article II – The State shall guarantee equal access to opportunities for public service

Section 2 (2), Article IX-B (Civil Service Commission) – Appointments in the civil service shall be made only according to merit and fitness to be determined, as far as practicable, X X X, by competitive examinations

Section 3, Article XII (Labor) – The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. It shall guarantee the rights of all workers to self-organization, collective bargaining and negotiations. X X X They shall be entitled to security of tenure, humane conditions of work, and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may be provided by law.

Section 11, Article XII (Health) – The State shall adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable costs.

Section 1, Article XIV (Education) – The State shall protect and promote the right of all citizens to quality education at all levels and shall take appropriate steps to make such education accessible to all.

Section 4, Article XVI (Military Service) – The Armed Forces of the Philippines shall be composed of a citizen armed force which shall undergo military training


c. The Labor Code of the Philippines

Article 3 – The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed

Article 6 – All rights and benefits granted to workers under this Code shall X X X apply alike to all workers X X X

(These provisions specially address Section 4b of HB956, SB11)


d. The Civil Code of the Philippines

Article 19 – Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith.

Article 20 – Every person who, contrary to law, willfully or negligently causes damage to another, shall indemnify the latter for the same

Article 21 – Every person who willfully causes loss or injury to another in a manner that is contrary to morals, good customs, or public policy shall compensate the latter for the damage

Article 26 – Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts X X X shall produce a cause of action for damages
(2) Meddling with or disturbing the private life or family relations of another
(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect or other personal condition

Article 27 – Any person suffering material or moral loss because a public servant or employee refuses or neglects, without just cause, to perform his official duty may file an action for damages and other relief against the latter, without prejudice to any disciplinary administrative action that may be taken

Article 32 – Any public officer or employee, or any private individual, who directly or indirectly obstructs, defeats, violates or in any manner impedes or impairs any of the following rights and liberties of another shall be liable for damages:
(8) The right to equal protection of the laws

These Civil Code provisions alone can practically and sufficiently cover the entire concerns of HB956, SB11, specifically Section 4, paragraphs (a) to (i) of said bill


e. The Anti-Graft and Corrupt Practices Act

Section 3 (e) – Causing any undue injury to any party, including the Government, or giving any private party any unwarranted benefits, advantage, or preference in the discharge of his official, administrative or judicial functions through manifest partiality, evident bad faith or gross inexcusable negligence.

This single special penal law practically covers the public sector applications of Section 4, paragraphs a to g of HB956, SB11, and provides a more stiffer penalty of six (6) years and one (1) month to fifteen (15) years imprisonment, as compared to the merely one (1) year imprisonment prescribed by HB956, SB11 in case of a second offense.


f. Code of Conduct and Ethical Standards for Public Officials and Employees (RA No. 6713)

Section 4 (c) Justness and Sincerity – Public officials and employees shall remain true to the people at all times. They must act with justness and sincerity and shall not discriminate against anyone X X X. They shall at all times respect the rights of others, and shall refrain from doing acts contrary to law, good morals, good customs, public policy, public order, public safety and public interest.

The violation of the foregoing provision, proven in a proper administrative proceeding, may cause the removal or dismissal of the offending public official or employee concerned. And this law sufficiently addresses the concerns covered by the above-mentioned RA No. 3019 vis-à-vis HB956, SB11


g. The Revised Penal Code

Article 287 on Unjust Vexation sufficiently covers the concerns of Section 4, paragraphs a, f, g and h.

Articles 282-287 on Threats and Coercion and Articles 353-362 on Libel and Slander and Article 364 on Intriguing Against Honor sufficiently cover the concerns Section 4 (h) of HB956, SB11 and provide for a stiffer penalty to as much as twelve (12) years imprisonment in the case of grave threats involving one’s sexual orientation.


h. The Anti-Sexual Harassment Act of 1995 (RA No. 7877)

Section 2 – The State shall value the dignity of every individual, enhance the development of its human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Toward this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.

Over and above the foregoing survey of pertinent constitutional, labor, civil and criminal law provisions, persons discriminated against due to sexual orientation by public officials and/or employees have the option of commencing administrative proceedings for the removal or dismissal of such erring public servants on the ground of grave misconduct, oppression or conduct prejudicial to the best interest of the service (Civil Service Commission Memorandum Circular No 19 series of 1998). This sufficiently covers the entire length and breadth of HB956, SB11’s concerns.


5. Causes versus Effects with Discriminatory Practices

The bill supposedly addresses discriminatory practices made on the basis of sexual orientation and gender identity. The introduction made by Hon. Rosales in then HB 634 recognizes that it is “because of misconceptions and ignorance” that discriminatory practices are committed. After the bill enumerates the different practices that may be incurred, which is discriminatory of individuals with homosexual orientation, it forthrightly states the sanctions and penalties for such actions. But does it really address the issue?

Why are there discriminatory practices? The bill itself suggests – misconceptions and ignorance. When this same bill penalizes those who discriminate – whether actual or perceived (predisposed to vague judgment), does it help correct the misconceptions and remove the ignorance? It only helps people not to discriminate because of blind fear and greater ignorance of the homosexual condition.

Misconceptions and ignorance are answered by education – that provides truth. When people are educated on what really is going on within a homosexual, then they begin to understand, and in understanding they begin to love, and in loving they begin to abandon their misconceptions and in effect, their discriminatory practices.

Nonetheless, we must evaluate which misconceptions are in fact misconceptions, and which ones are labeled only as such but are actually “myths”.

The following are the issues often raised on the topic of homosexuality and homosexual persons

Fact 1: There are a number of persons experiencing sexual attractions towards the same sex

It is known that there are persons that are attracted sexually towards the same sex. Even the Catechism of the Catholic Church (CCC) recognizes this: “The number of men and women who have deep-seated homosexual tendencies is not negligible.” (CCC, 2358) This number, which for some may be growing exponentially due to unexplainable causes, may be attributed as a product of a culture of individualism and moral relativism. Gay activists may view the increasing number of homosexuals as an effect of a society that is becoming more “open” to accepting the gay culture. Yet we can see that it is the gay culture that influences society to conform in its relativist ways – messages like “It’s ok being gay”, or “Gay is happy” inundates mass media and subconsciously enters the minds of people. This ever active advocacy to promote the gay lifestyle slowly seeps into society’s very moral fiber. This explains why more and more individuals experiment with a new found “alternative” lifestyle, and gets caught up by the gay culture. The Catholic Church maintains its stand that homosexual acts are “intrinsically disordered”. By this it does not mean a “mental disorder” but a “sexual identity disorder” – that stems from the fact that a person is only either a man or a woman, and any deviation from one’s identity with the same sex and one’s attraction to the opposite sex constitutes a disorder. This disorder is a product of a person’s total experience – with family, friends, institutions and society as a whole, and can be corrected with appropriate actions and therapy. The dynamics of persons with same-sex attractions is discussed further in this paper.

Fact 2: Persons with same-sex attractions experience discrimination

Because of a limited understanding of the nature and dynamics of homosexuality, persons who experience same-sex attractions experience discrimination from different institutions of society. Families may disown their members who have same-sex attractions. Friends may reject them. Employment, career and business opportunities may be closed to them. The academe, the government and the military may disdain them. Even church members may condemn them. Notwithstanding these, the Catholic Church remains sympathetic to them as a mother. As it states in the Catechism “They must be accepted with respect, compassion, and sensitivity. Every sign of unjust discrimination in their regard should be avoided.” (CCC, 2358) [Please note the use of the word "unjust discrimination". That means to say there is such a thing as "just discrimination". Please click this link for more info.]

Myth 1: There is such a class of persons termed as “third sex”

If there is a “third sex”, then there should be a “first” and a “second”. It is an inaccurate term, because the sexes should always be treated equal. And there are only two classifications of sex – based on one’s dominant physiological and reproductive make-up – either male or female. There are no other classifications that will qualify. And the male should not be seen as the dominant sex, and neither should the female. Both are complementary of each other, with specific roles that should be played in society, and in the building of its basic unit – which is the family. And the family is bounded by natural laws – especially that of union and procreation. The Catholic Church recognizes these laws and sees that sexual acts between persons of the same sex are disordered based on grounds against union and procreation – “They do not proceed from a genuine affective and sexual complementarity. (Union) They close the sexual act to the gift of life. (Procreation)” (CCC, 2357). Therefore “under no circumstances can they be approved”. What is being condemned here is the sexual act, not the person having same-sex attraction. Homosexuals are not to be termed as the “third sex”, because their condition is a matter of personal conviction of their identity – which is not a sufficient ground to make them a separate class of persons. Discussion on this is found in the next section of this paper.

Myth 2: All homosexuals are alike

Homosexuals are stereotyped. Based on what is seen on the television, heard on the radio, read in the newspapers and magazines, modeled by gay persons either as personalities or someone from one’s neighborhood – people paint an image of what a homosexual is. They give them positive traits – creative and artistic, fashion trendsetters, life of the party, friendly. They give them negative traits – vulgar, attention-seeker, flirt, prissy, tactless, too loud, too touchy, too vocal. Some people love them, some people hate them – the way they dress up, the way they talk, the way they walk, the way they behave. And this image that people have of a homosexual is translated to every person with same-sex attractions that they come in contact with. But this should not be done. This practice of stereotyping, typecasting people based on a certain trait that they have bring about misunderstanding, conflict and yes – discrimination. Homosexuals are not alike in many ways. In fact, the only thing that they have in common is their experience of same-sex attractions, nothing else! The discussion of the differences of homosexuals is given at a latter part of this paper.

Myth 3: Homosexuals go to hell

The Church has been accused of condemning homosexuals to hell. But the Catholic Church has always seen the homosexual condition as a sharing of a person with the sufferings of Jesus, as the Catechism states – “this inclination… constitutes for most of them a trial… These persons are called to fulfill God's will in their lives and, if they are Christians, to unite to the sacrifice of the Lord's Cross the difficulties they may encounter from their condition.” (CCC, 2358). The Catholic Church considers the condition of the homosexual as an instrument for them to attain salvation! How is that possible? The Catechism also provides us the answer.

“Homosexual persons are called to chastity. By the virtues of self-mastery that teach them inner freedom, at times by the support of disinterested friendship, by prayer and sacramental grace, they can and should gradually and resolutely approach Christian perfection.” (CCC, 2359) Persons with same-sex attractions are called to holiness!

For it is not the person that experience same-sex attraction that the Church condemns but the sexual activity between persons of the same-sex. It is the action, not the person; it is the sin, not the sinner. And people inside and outside the Church should be able to understand how to distinguish them. The practice of loving the sinner and hating the sin should always be emphasized to the clergy and even to the lay persons.


Myth 4: Persons with same-sex attractions are born

The origin of homosexuality is a struggle between nature and nurture, between genetics and environmental factors. Several researches have been made to prove both sides. To prove that it is genetic means that persons with same-sex attractions are born – and thus they could be recognized as a separate class of persons, and it would just be logical to give them all the rights to fit their condition as a class of persons.

However, advocates of genetic-origin of homosexuality have yet to prove that it is so. From Alfred Kinsey’s studies that concluded “10 percent of males in the study are homosexual for at least three years during a portion of their lives”, to Bailey and Pillard’s twin studies, to Le Vay’s hypothalamus studies, to Hamer et al’s chromosome studies – they have committed one or more research flaws: 1) its researcher was biased if not qualified, 2) cases were taken from samples that were non-representative of the population being studied, and 3) cases from different studies are unable to replicate the results to make generalizations on the population being studied. Efforts of proving that there exists a gay gene are all non-conclusive.

Conversely, a type of psychotherapy, along with its proponents and advocates like Joseph Nicolosi and Gerard Van Den Aardweg, called Reparative Therapy, reveals that a person with same sex attractions is a product of intrinsic gender identity deficits that one has incurred in early childhood. And because gender identification happens as early as 0 to 3 years old, one may think that he or she was “born” that way, but was in fact just too young to remember it. The role of the same-sex parent and same-sex peers are crucial to the origins of one’s homosexual orientation. Several research studies (such as that of John Thorp, 1992 and John Boswell, 1989) support these views that homosexual attraction is due to the environment. An organization of psychologists called NARTH (National Association for Research and Therapy of Homosexuality) strongly supports and practices this and similar therapeutic processes that enable a person to return to heterosexuality.

In fact, most recent studies cannot detect genetic factors in same sex attractions, and supports instead the importance of social factors (Hershberger, SL (1997): A twin registry study of male and female sexual orientation. Journal of Sex Research 34, 212-222.; Bailey, JM; Dunne, MP; Martin, NG (2000): Genetic and Environmental influences on sexual orientation and its correlates in an Australian twin sample. Journal of Personality and Social Psychology 78, 524-536.). In 2002, a study by Peter Bearman found out that the genetic contribution to same-sex attraction was zero; and that parental influence plays a more critical role in SSA (Bearman, PS; Bruckner, H (2002): Opposite-sex twins and adolescent same-sex attraction. American Journal of Sociology 107, 1179-1205.).


Myth 5: Once a homosexual, always a homosexual

If people think that homosexuals are born, then naturally they will think that homosexuals will not and cannot change. Once a person has been hooked into the homosexual lifestyle, it cannot get out of it. It is much like saying that alcoholics and drug addicts cannot change, but with a greater weight since the homosexual condition is considered permanent as it is seen as an “inborn” trait.

However, several groups and programs challenge these beliefs. The existence of support groups such as Courage, Bagong Pag-asa, Exodus International, In His Likeness and Freedom Ministry make a statement that says “Change is possible!” Online self-help and mentoring websites such as Door of Hope of Setting Captives Free and People Can Change testify to the truth that there is hope for the person with same-sex attraction to change, and become the true men and true women that they are called to be. A number of these groups are not purely spiritual in their approach to homosexuality, but combines psychology, sociology and spirituality in understanding and addressing the homosexual condition. Using addiction counseling and reparative therapy, psychotherapists have helped a significant number of persons with same-sex attractions either to embrace a purely chaste life or to seek re-orientation and move on to a happy heterosexual married life.

More importantly, a very recent development just occurred with the American Psychological Association (APA), the professional organization that, in 1973, removed homosexuality from the list of psychological disorders. On an e-news posted by Focus on the Family (http://www.family.org/cforum/extras/a0041796.cfm) dated August 25, 2006, it featured APA’s President Gerald P. Koocher stating “APA has no conflict with psychologists who help those distressed by unwanted homosexual attraction.” This recent stand by APA was supported by a research by Dr. Robert Spitzer, a New York-based psychiatrist who helped to convince the APA in 1973 to remove homosexuality from the list of psychological disorders. In this study he found that some people who are highly motivated to leave homosexuality could return to heterosexuality.

If these international organizations are now re-thinking their idea about homosexuality and the possibility of change, why should our society, with our strong family values and spiritual convictions, deny these facts to our public? Why should we let the gay political agenda rule our legislature? Because of these facts and the legal/moral impediments outlined in SB 11, HB 956 and similar bills, we enjoin you not to support them and do every legal act possible to prevent these bills from being enacted into law. For if these bills become the law of the land, the effects to our society will be irreversible.