You may think you can excuse the boxing champ for his remarks about homosexuality and same-sex marriage. Let me tell you why I think you should reevaluate your excuses.
He was just stating his opinion.
Of course. But what if I told you you’re a disgusting critter, and then I said it was just an opinion? Does the excuse cut it? What if I told you you shouldn’t eat shrimp because I was allergic to it? Does saying it’s just my opinion excuse me from being a meddlesome despot?
People use this notorious excuse to block criticism. It’s not a good excuse. Put opinion out there, and it’s free for public consumption and criticism.
Everyone can make an opinion. But the question is, whose opinion makes sense? We can’t just sit down and accept any opinion thrown at us. We respect opinions that have basis. Manny’s opinion was neither factual nor reasonable. He got it wrong when he said there were no male to male or female to female animal partnerships in the first place.
He already apologized.
If I told you – as in anyone who’s reading this – your mother looked like a whore and said I was sorry, but maintained she looked like a whore, is that an apology?
Apologies constitute admitting one’s mistake and putting forth the right or better words to say. Manny did nothing of these to appease the aggrieved community. He maintained he was only invoking the Bible, including the verses that include killing gay people. These verses are the reason a lot of gay people in different parts of the world are persecuted. This fundamentalism spawns the worst cases of homophobia. No fundie has ever said sorry for all the victims of antigay oppression.
Is there a way we could shed reason to fundamentalism? Sometimes I wonder how we should deal with this issue. When you step back to see the bigger picture, you see Manny as the tiny dot among the swarm of people in a dogmatic culture. That’s scarier than his unscientific version of common sense, and that’s something an insincere apology cannot fix.
He brought honor to the country.
Of course, we know that. However, that’s not the point. His grand achievements in the world of boxing has nothing to do with the issue. The issue is the intolerance and gross ignorance of the marriage equality advocacy.
It’s also unfair when people think we’re being unfair to someone who has put the Philippines in the pedestal in the field of boxing. Suddenly, the issue turned into shaming the LGBT advocates for bullying him and his family online.
Just because he brought honor to the country doesn’t mean he can say anything stupid and get away with it. In addition, someone vying for a position in the senate should have been more responsible in his opinions.
He was only quoting the Bible.
When Manny asked for an apology, he quoted 1 Corinthians 6:9 and then included Leviticus 20:13 in his Instagram post, which he afterwards deleted.
Anyone can take refuge in the Bible because this old collection of stories and cryptic passages is interpreted in different ways. Liberal and conservative Christians take them differently. But as expected, the fundamentalists take the Leviticus 18:22 or Romans 1:26-27 as antigay passages.
It’s hard to challenge the Bible because challenging it means offending people who adhere to it and take it as the source of their moral code. But there’s something to say about literalists who take these unfriendly passages selectively and use them to debase a group of people.
Sometimes I wonder what the problem is. Is it the people who use the Bible to oppress and ridicule people? Or is it the Bible, which offers egomaniacs the tools to use for their bigotry.
The average Christian doesn’t know or doesn’t care about the historical and semantic context of everything that’s written in the Bible. Thus, many seemingly cruel and inhuman passages go ignored, but a few of these are used against a group of people, the LGBT people in this case.
In addition, a thorough examination reveals the cultural influence on the books of the Bible, depicting how the writers would have wanted people to live their lives then. That’s why I ask, what is the practical significance of Biblical dogma in today’s time? Should we treat the Bible as the source of our moral code today? Or should we just treat it as a literary reference whose moral correctness is arbitrary and therefore not absolute?
A public servant invoking the Bible does disservice to people who don’t adhere to it, which by the way include a lot of Christians. Besides, what is the practical value of quoting Leviticus passages? What message does that send to young LGBT people, that some Bible fanatic out there could be murdering gay people in the name of his faith?
He was right.
Before you can claim all he said was right, you have to ask the following questions:
Is his claim based on facts?
Is his claim reasonable?
Is his claim consistent with other claims?
Is he saying an absolute truth?
What are the practical implications of his claims?
Which part of his statements were right? First, his claim that homosexuality doesn’t exist in animals is wrong.
Second, does saying that same-sex marriage is wrong because the Bible says it’s wrong reasonable? Does the Bible say it’s wrong? He invoked Leviticus, for instance. To whom was the Book of Leviticus written? Does he know what the passages actually meant or he just interpreted it based on his bias?
Third, is there a consensus among scholars regarding the interpretation of these passages? If none, then whose “truth” do we go with? In addition, supposing for purposes of argument we say the Bible says it’s wrong, why then does it say it’s wrong?
Fourth, does the claim that same-sex relationship is wrong and immoral remain true in all situations? Suppose we discuss the topic outside the fringes of religion, does it remain wrong and immoral?
Then there’s the scary part, the practical implications of an opinion. Look at how LGBT people are treated in deeply religious countries and you see the implications of these deeply held religious teachings unchallenged by the scared and oppressed minority and encouraged by the status quo.
He was misquoted.
Does it matter?
Is there is any real difference between saying that gays are worse than animals and saying that people are worse than animals if they allowed gay marriage? The first one is blatantly homophobic. The second one remains homophobic but has added coercive undertones. It’s like saying we shouldn’t allow gay marriage because we’re better than animals. Besides, the vagueness of his opinion lends itself to either interpretations.
Either way we go, it doesn’t sound like a well thought out claim because it was anchored in his baseless “common sense” that animals do not practice homosexuality. Either way, it is offensive. Either has bad implications for gay and lesbian people.
He can’t be antigay because he has gay friends.
“I have a lot of gay friends…” is a common and tired rhetoric to rationalize antigay remarks. It’s also dishonest. How can you stay friends with gay people when deep inside you don’t hold them in the same regard as your straight friends? So you’re saying you like your gay friends, but you don’t like seeing them get married with their partners and you don’t like them to enjoy the same rights you do.
Claiming you have gay friends is different from actually supporting their struggle and regarding them to be your equal in terms of rights and social privileges. How can you stay friends with them if you think their plight is irrelevant and their “lifestyle,” base?
Okay, so you actually have friends who are alcoholics or drug addicts, but you hate alcoholism and drug addiction? Great! But that’s a bad analogy. Or you can show me how drug addiction, for instance, is equivalent to same-sex romance.
Vice Ganda is a hypocrite. Boy Abunda, too emotional.
I lament that the LGBT response to Rep. Pacquiao’s stance was reduced to Vice Ganda’s and Boy Abunda’s responses. You have leveraged the comedian’s crude retorts to fuel your subservience to dogma. You have disparaged our plight because you think the popular members of our community were unable to handle the issue with sophistication. But were your remarks sophisticated?
These people, though popular and respected in their fields, do not speak for the entire community. Their responses are their responses alone, and I am not going to say they’re wrong. I can’t take away their freedom to express their ire. The outrage was expected. What did you expect, all smiles after an inhuman remark? In an article entitled “World-Class Asshole,” Teddy Locsin, Jr. said, “I was not surprised when gays in showbiz gave it to him. I was surprised that some of them forgave him.”
I have to remind you that like any community, the LGBT community is filled with people of different personalities and intellectual capacities. I, for instance, have no control over what people in this community will say. But while many of us resort to acerbic rants – just like a lot of you on that side hurl your slurs in this direction – many of us, too, are trying our best to put the discourse on a rational level devoid of expletives and cuss words. So if you want this to be a rational battle and you’re looking at Vice Ganda’s quips, then you’re barking up the wrong tree.
However, the most important thing you have to remember in dealing with this issue is that Vice Ganda’s hypocrisy and Boy Abunda’s manner of expressing their indignation are not the issue. By resorting to this trick, you are trying to divert the issue from Manny’s lack of understanding of the LGBT rights and secularism to the responses of certain people, which are after all expected. This is a lame tactic to take naive people away from what should be discussed.
Moreover, these two celebrities are not after a seat in the senate, where people draft laws that affect your lives.
The LGBT people are bullying Manny.
Bullying actually went both ways. So what’s the point? Manny made a statement. The LGBT people and their allies got angry and reacted. Then the minions from the offending camp retaliated. Zoom out to get a God’s eye view of the scene and you’ll see how much the religious bullies vastly outnumber the pro-LGBT bullies.
I’ve seen some of the vilest retorts from the meanest of your camp. I’ve had my share of slurs sent in my direction as I tried to criticize Manny Pacquiao’s views. But I didn’t complain. You know why? I’m used to these abusive tactics. They bother me, but they don’t hurt me anymore. But it’s funny when you cry foul when you get a dose of your own medicine.
Also, let’s be realistic and look at the implications of both types of bullying. I have yet to hear anti-LGBT folks succumbing to depression and suicidal thoughts because of LGBT rights movement. However, I’ve read a lot of stories of people getting killed, committing suicide, or suffering from depression because of religious dogma, stuff that most anti-LGBT people live and swear by, albeit selectively.
Jose Rizal also compared people to animals.
“Ang taong di marunong magmahal sa sariling wika ay daig pa ang hayop at malansang isda.” – Jose P. Rizal (They who do not love their own language are worse than animals and putrid fish.)
I have to admit this was a clever quip, except that people ignored an important difference between Rizal’s famous line and Manny’s infamous remark. Whereas Manny was talking about same-sex relationships, Rizal was talking about lack of patriotism. If there is any equivalence between same-sex relationships and lack of patriotism, I’d like to know.
There are more important issues.
So your issues are irrelevant because the are people in worse situations? Maybe you shouldn’t complain about the mold in the kitchen because there are homeless kids, for example. Is that fair?
The “not as bad as” fallacy is the common rhetoric of the discrimination enablers (and climate change deniers). It’s true that poverty affects more people. It affects more people than antigay bigotry. But is it impossible to be indignant at poverty and anti-LGBT hate at the same time?
Waiting for poverty or territorial disputes to be resolved before attending to other problems solves nothing. If solutions are within reach for “smaller problems,” why not employ them? Moreover, poverty and gay rights are two separate issues that should be discussed independently.
Anyway, if there’s one thing I have to thank Manny Pacquiao for, it’s the chance he gave us to talk about same-sex marriage and to explain to people what it is and what it is not. The controversy gave us an opportunity to educate people.
Issues like this help us identify who our allies are and who among our friends secretly find our identities and romantic lives disgusting. It makes me realize where we are in terms of LGBT acceptance and how vastly uneducated and cruel a lot of people in this country are.
Being LGBTQ+ means nothing
Being unaware of and deviant from what that community is intentionally fighting for clearly does not make us a part of it. We have to realize that our identity does not really matter as much as what we actually say, do or stand for.
We’ve heard it all before — a woman who still espouses misogyny, Filipinos who can be insulting towards their own skin color, a devout Christian who has little knowledge about the Bible and the history of Christianity, a gay person who is against the rights of other LGBTQ+ folks. These seemingly self-contradictories show that our identity is nothing but superficiality.
Our identity does not hold the substance of what we’re all about.
Having a certain identity does not follow that we know all there is to understand about it.
More importantly, it does not immediately give us the authority or credibility to speak on behalf of a larger group we supposedly belong to. Otherwise, we only cause much harm and misinformation.
What does a community mean? Fumbling through the dictionary, we would find similar definitions that basically sum up as “a group of people sharing a commonality of interests, attitudes, characteristics, values, goals – even history – and living in a particular location or within a greater area”. Applying this to the so-called LGBTQ+ community, since LGBTQ+ persons obviously do not live in the same quarters or have exactly the same lived experiences (hence the need for the acronym with a plus sign), we need to take only the spirit of the word — that is, a community is a social state of more than skin-deep commonality.
People who label themselves as LGBTQ’s do not see the whole picture if they go against equality and the principle that human rights must be bestowed to all regardless of gender, sexual orientation, race, nationality, physical appearance and so forth. Such people who proclaim they are “part of the LGBTQ+ community but…” are merely disruptive tumors. They are not part of the community but only a part of the problem, which is compounded by ignorance, indifference, hate and discrimination.
So before we open our mouths and ascribe to some sort of community or identity, let’s be truly certain first that we know what it’s all about. Being unaware of and deviant from what that community is intentionally fighting for clearly does not make us a part of it. We have to realize that our identity does not really matter as much as what we actually say, do or stand for.
“Babae po ako. Ngunit babae rin ang gusto ko. Pang-lalake man ang kilos at anyo. Sa babae pa rin naman ako nagbabanyo.”
Pilit kong iniisip
Kung inisip ko at pinilit
Kung nagbago ba ang ihip
Ng hangin noong ako’y isang paslit
Ang paghanga sa kapwa babae
Ang kilos, lakad at pananalita
Na animo’y lalake
Na nagsimula noong ako’y bata
Tinanong ako kung ako ba’y humanga
Sa mga guwapo at pogi
At ang sagot ko’y oo nga
Pagtangi ay sa babae lagi
Ni minsa’y hindi kinilig
Kahit na noong panahong
Maliit pa ang mga bisig
Suot ay bestida at hindi lontang maong
Matagal na proseso
Matagal na nilihim
Dahil sa sariling paninimdim
Hanggang ako’y namulat
At seryosong nagkagusto
At sinimulang isulat
Nilahad, ipinusta pati pamato
Wala naman kasing nagturo
Naramdaman na lang
Tapos para akong tuliro
Noong ako’y pitong taong gulang
Kaibigan ko siya
Sa ikalawang baitang
Kapag kasama’y masaya
Kapag naka-akbay ay lutang
Marami nang napusuan
Panahon na ang lumipas
Gusto’y babae pa rin naman
Sa pagkatorpe’y walang kupas
Madalas sakin ay tinatanong
Kahit hanggang opisina
Siguro sila’y hilong talilong
Kung Ma’am o Sir ang itatawag twina
Babae po ako
Ngunit babae rin ang gusto ko
Pang-lalake man ang kilos at anyo
Sa babae pa rin naman ako nagbabanyo
Lesbiyana kung ako’y tawagin
Tomboy sa kanto namin
Ate sa kapatid ko
Tita sa mga pamangkin ko
Eto ang aking SOGIE
Lesbiyana – Sexual Orientation
Babae – Gender Identity
Butch/masculine – Gender Expression
Hindi napipilit ang puso
Kusang tumitibok sa ritmo
Hindi ito parang damit na nakiki-uso
Hindi sinisino kahit amo
Masarap sanang maging malaya magmahal
Malaya sa mga matang mapanghusga
Malimit pang nasasabihan ng hangal
Madalas pang tumanggap ng pang-aalipusta
Pantay-pantay na karapatan
Dinggin sana ang aming hiling
Hindi espesyal ang aming panawagan
Sugat ng diskriminasyo’y laging nasasaling
Lungkot ay aking ramdam
Kapag hindi niyo maintidihan
Sana hindi niyo maranasan
Ang araw-araw naming pinagdadaanan
Kapag maganda o guwapo sa paningin
Sayang ang palaging sinasabi sa amin
Pero bakit sayang ang sasabihin?
Ano bang nasayang sa amin?
Isa po akong babae
Mahigit apat na pung taong gulang na
Mukha lang pong lalake
Isa pong lesbiyana
Salvation our God is extending
“With a SOGIE Law enforced, the sensibilities of some (they cannot claim to represent the majority) will be offended as has happened in legislation on women’s rights. But the tradeoff will be LGBTQ+ individuals participating more meaningfully in national development. The Philippines would foster a culture of nonviolence, and I think God would be smiling down on us.”
By Koko Alviar
The SOGIE Equality Bill is not against religious freedom. If anything, it will help us recapture the diversity of beliefs in our country.
I am Vaughn Alviar, from the Iglesia Filipina Independiente, a liberational Church that has interpreted Scripture in light of facts and God’s commissioning for charity and liberation. The Church coopted me some time in 2015 to help the Supreme Council of Bishops articulate a statement that wanted to affirm LGBTIQ+ individuals, “Our Common Humanity, Our Shared Dignity.” It was approved in February 7, 2017.
Incidentally, I am a homosexual cisgender male son of a heterosexual cisgender male priest. I say these belatedly because they have never negatively affected my craft as a writer and my practice as a good Christian, although I will not deny knowledge of my SOGIE has affected the perception of what I am capable of doing.
I am more than my SOGIE; in fact we in the LGBTQ+ community are all more than our SOGIE. Unfortunately, people have seen the physical manifestations of it and felt they could see right through us, judge and discriminate us. My classmates from Day Care in Sanchez Mira, Cagayan, to university in Baguio City had always criticized my being effeminate and emotional, my not being manly. Despite all these, I had the will power to prove my value in my communities and circles. I can’t say the same for many others, whose chances were impaired by abuses far worse than I’ve experienced and who didn’t belong to families that earned well enough to send them to good schools or who disowned them – sometimes because of the faith they profess.
Being LGBTQ+ is a choice, we are told. But, given all the disadvantages laid out before us (per the United Nations Office of the High Commissioner for Human Rights, LGBTQ+ people experience more poverty, hunger, joblessness and depression than our heterosexual, cisgender counterparts), what would we benefit from choosing to be minoritized? Having to prove we are good, capable and beneficial workers, or hiding how we express ourselves to conform with straight environments, these are definitely burdens. Our siblings in the faith have claimed that the law sees us equally, but our lived experiences and jurisprudence claim we are not. Thus, vulnerable sectors need the State to help us claim equity, aid us in reminding everyone that we are human too, and enable us to fight back when our rights are abused.
It has also been claimed that a law protecting LGBTQ+ persons against discrimination would negate Christians’ freedom of religion. It is a preposterous claim that insults the very spirit of “freedom of religion”: that individuals will not be force-fed belief systems; and that we are all free to hold beliefs – or not – and to conduct ourselves accordingly, except when we harm others. If anything, many people, driven by their “Christian” beliefs, harmed LGBTIQ+ individuals without provocation.
While they lift from the Bible, the holy book cannot be seen as a definitive guide to what must be social convention. It has, in fact, been used to stall important laws to end slavery, and to uphold the rights of persons with disability and women.
“I permit no woman to teach or have authority over men; she is to keep silent.” (Timothy 2:11)
“Whosoever … hath any blemish, let him not approach to offer the bread of his God. For whatsoever man he be that hath a blemish, he shall not approach: a blind man, or a lame, or he that hath a flat nose, or anything superfluous, Or a man that is brokenfooted, or brokenhanded, Or crookback, or a dwarf, or that hath a blemish in his eye, or be scurvy, or scabbed, or hath his stones broken … He shall not go in unto the vail, nor come nigh unto the altar, because he hath a blemish; that he profane not my sanctuaries.” (Leviticus 21:17-23)
“Slaves, obey your earthly masters with deep respect and fear. Serve them sincerely as you would serve Christ.” (Ephesians 6:5)
With verses inapplicable in our time, how do we know for sure that verses chastising LGBTIQ+ individuals should still apply? In the laws enacted for women, children, senior citizens, persons with disability, among others, the justification was unequal treatment on the ground, in real life, despite the Constitutional guarantee of equality that our other siblings cite. The drawback was sensibilities getting hurt; the reward has been greater empowerment and participation in society for those sectors. We need our guarantee, too.
Another case in point: If two people are equally passionate about Bible-based beliefs, do we have objective criteria to judge which person is more righteous?
Here is an example: A cisgender man has been a top employee for years. He is the breadwinner for his family, encouraged by 1 Timothy 5:8: “But if anyone does not provide for his relatives, and especially for members of his household, he has denied the faith and is worse than an unbeliever.” One day, he comes out as homosexual and discloses he has a boyfriend. The heterosexual cisgender owner, who comes from a conservative background, fires the person, because of Romans 1:26-27: “Because of this, God gave them over to shameful lusts. Even their women exchanged natural sexual relations for unnatural ones. In the same way the men also abandoned natural relations with women and were inflamed with lust for one another.”
Who’s to say that the business owner holds the right understanding of faith? What if the homosexual man goes to church more often? Doesn’t that make him better? The law must declare that productivity trumps sexual orientation.
One thing I’ve observed among people of faith who decide not to support the SOGIE Bill is self-righteousness – a confidence that they are to be seen as authoritative, the voice of a majority. In doing so, they downplay other peoples’ faith, among these that which LGBTQ+ individuals have forged from their lived experiences of discrimination and resilience.
While some traditions will scoff at the justness of the ordained going to protests, the Aglipayan faith believes it is a legitimate expression of Christian witness. We believe that the best way to fulfill our duty to establish heaven on earth is the full realization of human rights for all – and LGBTQ+ rights are human rights. Thus, the crusade for equality on the basis of SOGIE falls within our fight for equity, along with our advocacy for peace talks, economic equity, genuine land reform and more.
Another Christian community is the Metropolitan Community Church, which has a presence in the Philippines. It casts more importance on love, genuine relationships and nondiscrimination than on punishment and fear. Many of their members are victims of SOGIE-based discrimination even in their own Christian homes, or are people living with HIV who have the added burden of stigma. One member told me that her family attends a Church that has a ministry helping LGBTQ+ individuals possessed by the devil – she worships with her family in the morning, is occasionally prayed for; she worships at MCC in the afternoon, is welcomed fully as a gender-nonconforming woman. There has to be a policy to guard LGBTQ+ lives against torturous conversion rituals if and when they occur. The SOGIE Bill has that.
The above instances illustrate that a single religion on its own has variations and pluralities. But, if regardless of this, lawmakers side with the more conservative Christian belief that tends to put LGBTQ+ lives in the way of harm and indignity, what compels the State other than to reward the conservatives and, thus, violate the Church-State separation?
As faithful Christians, too, we stand on the passage of the SOGIE Law because we believe God wants us to exist in a community of love, and because it will permeate our lives beyond Church. “We love the sinner not the sin,” some anti-SOGIE Christians say, in an attempt to deem the law irrelevant. If we do love the sinner, however, shouldn’t we recognize the person of that sinner who has the secular, universal right to a job, education and healthcare, among others. None of these are about “the homosexual act.”
It is a shame that some religious have led crusades based on falsehoods: from alleging we do not need the SOGIE Equality Bill because the law already pronounces equality; to criticizing our advocacy as an issue of restrooms and third spaces only; to misleading people that the SOGIE Equality Bill will allow same-sex marriage; to stretching religious freedom – weaponizing it to homogenize the nation when the measure actually protects diversity.
The “definition of terms” in the proposed bills says that bad behavior – discrimination, stigma, hate crime and marginalization – will warrant punishment. Some religious are worried that LGBTIQ+ individuals will be empowered to file cases of discrimination simply because we “felt discriminated.” But suing should be within our rights as citizens, and with wisdom the courts should be able to decide which ones are nuisance and which ones bear sense.
In IFI, the statement has affirmed and validated the faithfulness of LGBTQ+ members, some of whom serve as ordained ministers. Through it, the faithful have been oriented on SOGIE and SOGIE-based discrimination; began to openly discuss sexuality, mental health and sexual harassment; and revisited the situation of women as part of the greater gender minority in a patriarchal society. We are now more equipped to counsel LGBTQ+ individuals and people living with HIV. The Church became more inclusive.
At the end of “Our Common Humanity, Our Shared Dignity,” the SCB stated a hope that our small act could spark bigger changes leading to greater inclusion for outcasts. The more accepting parents, you will note, express worry for their LGBTQ+ children based not on the worldview of conservative Churches but on the question: “How will you be in this world that is harsh on LGBTQ+ individuals?”
While some LGBTQ+ people are born to parents who are unequipped and would abandon their children, some are born to parents who are ready to understand and nurture them, and would worry that the world at large is not hospitable. Let’s lessen the legitimate fears by enacting a safeguard.
While the SOGIE Bill languishes, men could be raping homosexual and bisexual women to “convert them,” gay guys could be looking for their next boxing match or Miss Gay (for visibility and extra income), brilliant transgender individuals could be flying out to find career advancement elsewhere.
With the SOGIE Law enforced, the sensibilities of some (they cannot claim to represent the majority) will be offended as has happened in legislation on women’s rights, but the tradeoff will be LGBTQ+ individuals participating more meaningfully in national development. With the SOGIE Law, there will be no special LGBT bonuses or leaves, just jobs and schools and communities that value us as humans, and that hone and harness our skills as citizens.
The Philippines would foster a culture of nonviolence, and I think God would be smiling down on us.
On social media, there’s a viral post saying SOGIE means “Satanic Organization of Godless people who are Inspired of Evil”, which is so grammatically wrong. To me, it means “Salvation Our God Is Extending” – and I should enjoy a Constitutional guarantee to claim you can’t tell me I’m wrong. That is freedom of religion for you.
‘Members of LGBTQIA community should be afforded the same protection that others enjoy’
An open letter to Bro. Eddie Villanueva, now a politician, who continues to claim he supports equality but is fighting against the protection of LGBTQIA people from discrimination.
Sir, I am Posit Bo, a proud member of the LGBTQIA+ and PLHIV community in the Philippines. I was once a follower of your faith; I am still a believer of the Almighty God but no longer of your faith.
This letter is made as rebuttal of your privilege speech against the SOGIE Equality Bill. This is not intended to convince you and your group to vote for the proposed law; but rather, a letter that aims to see a future where there can be mutual respect.
You raised two constitutionally supported arguments against the SOGIE Equality Bill, to wit: (a) it imperils academic freedom, and (b) it endangers freedom of speech and religion.
I) ON ACADEMIC FREEDOM
You cited Article XIV, Section 5, par (2), of the 1987 Constitution, which states that: “Academic freedom shall be enjoyed in all institutions of higher learning.” This provision’s meaning can be viewed from two perspectives, namely: (a) Freedom of a Faculty member, and (b) Freedom of an academic institution of higher learning.
Certainly, faculty members have the freedom to discuss subjects with the responsibility not to discuss matters not related to the subject matter and with respect to the opinions of others. In the same manner, the academic institutions per se are given the freedom to decide what is the best manner to attain its aims and objectives.
You seem to fear that religious academic institutions being compelled to accept LGBTQIA+ students or employees, against the institution’s dogma on gender.
Under Section 5(c) of Senate Bill 159, it has two portions, to wit: (a) it declares discriminatory when educational or training institution refuses admission by reason of SOGIE, and (b) the right of educational and training institutions in determining qualifications for admission shall be duly upheld.
It is clear under the second portion of the aforementioned provision that religious institution’s right to determine qualification for admission shall be duly upheld. Compulsion to admit against dogma on gender by religious institutions cannot be feared when in the Bill itself it is protected, not to mention, in our very own Constitution as you cited, Sir.
The bill cannot obviously be made to circumvent the Constitutional guarantees as it echoes the very essence of this Constitution that is – Equality. Moreover, I would like to believe that in proposing this law, the case of Ateneo de Manila v. Capulong, was taken into consideration, wherein the Court beautifully fleshed out the concept of academic freedom. The Court held that: “Academic institutions are free to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.” The Court further held in Isabelo Jr. v. Perpetual Help College of Rizal that: a school of higher learning has the discretion to admit or not to admit students. The Court further stated that: Admission is not a right but merely a privilege.
No, Sir. Religious academic institutions cannot be compelled to admit LGBTQIA+ students or employees. As these juridical entities are protected under our Constitution based on the very law you cited. But the likes of KJ T. Lorenzana and the students of Bulacan State University are not protected against discrimination based on SOGIE in a secular educational institution; no, they are not protected for this particular kind of discrimination, not even by the Constitution. While sectarian institutions enjoy protection under our Constitution, what about the protection of the LGBTQIA+ students and employees who have been and still are being discriminated in secular educational institutions.
The LGBTQIA+ community, more than the letters, consists of individuals, of humans who should be afforded an equivalent amount of reasonable protection that you enjoy in professing your religious beliefs, protection against any form of discrimination without engendering violation of constitutional guarantees.
II) ON FREEDOM OF RELIGION
There are three principal parts of the Constitutional provision for Religious freedom under Article III, Section 5 of the 1987 Constitution.
First, the NON-ESTABLISHMENT Clause: No law shall be made respecting the establishment, or prohibiting the free exercise thereof.
The SOGIE Equality Bill does not establish LGBTQIA+ community as a religion, neither does SOGIE Awareness prohibit the free exercise of any religion, including yours. Hence, the proposed law does not violate the non-establishment clause.
Second, the FREE EXERCISE Clause: The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed.
The SOGIE Equality Bill is in fact adherent to religious sensitivities that despite of it being both a secular and social legislation, the proponents had the basic human decency to hear sectarian opinion on issues of a marginalized community on account of being exposed to daily discrimination of all forms.
There are two aspects of religious freedom, which are as follows: (a) Freedom to believe; and (b) freedom to act on one’s belief. The freedom to believe is absolute but the freedom to act on one’s belief is not absolute. The freedom to act may be regulated if its actualization clashes with accepted norms of social behavior and established order of decency.
Therefore, you can absolutely believe that being an LGBTQIA+ is a sin in view of your religion as a part of your freedom. But to act upon it by spreading or imposing such belief upon nonbelievers or believers of a different sect may be regulated.
Status quo dictates that freedom to exercise can be regulated; unfortunately, even if it could be regulated, Christians have continuously condemned this community. Our community has been continuously ridiculed for no reason, discriminated for being diverse, and hated for merely loving; we, suffer all these, based on your religious beliefs. While we suffer, you continuously enjoy being guarded by your religious freedom.
This is the saddest part of our reality: Family and friends who exercises christian faith act upon their religious belief on gender through: sharing hate messages; treating us indifferently; laughing at our struggles; and being considered as an abomination. While you are guarded by your religious freedom, why does it have to be at our expense? When you speak of equality it must be uttered in fairness to everyone and not at the expense of others.
The SOGIE Equality Bill does not force upon people to become a member of the LGBTQIA+ community neither does it influence people to change dogma on gender; but this merely seeks to spread awareness and understanding of an existing community, which should neither be treated differently but your fair equal.
Lastly, Sir, finally now that you are elected, as a member of the House of Representatives of the 18th Congress, I would like to congratulate you. You are indeed an inspiration to the LGBTQIA+ community, just like you did, no matter how long and how many failed attempts there may be, we will never say it’s over ‘til it is done.
In James Imbong etc. v. Hon. Paquito Ochoa, Jr. et al., the court held that: the state cannot meddle in the internal affairs of the church. On the other hand, the church cannot impose its beliefs and convictions on the state and the rest of the citizenry. It cannot demand that the nation follow its beliefs, even if it sincerely believes that they are good for the country.
Sir, there would be no confusion even if you both act for both the state and the church by simply applying the time-honored State policy under Article II Section 6 of the 1987 Constitution, that the separation of church and state shall be inviolable. Inside your church, you are your peoples Pastor. You don’t preach to them matters of legislation; but instead your bible. While in the House of Representatives, you are to act as a legislator not as a Pastor. Sir, in your privilege speech you interjected a biblical passage. I would like to humbly remind you that you now belong in a Secular institution. Inside the very ‘august chamber’ to where you belong, are muslims; agnostic; and heck may be even atheist congress(wo)man, who are being alienated by your interjection. Sir, you do not merely answer to your representation but to the entire secular electorate.
I could not still imagine a day where we can live harmoniously even in diversity, when there’s no willingness to reach a compromise, taking into consideration: fairness and respect for everyone regardless of gender, age, race, ethnicity, color or religion. Religious freedom is a fundamental right under our constitution, it will forever be guarded and no legislation can circumvent this constitutional guarantee. You have exemplified in your privilege speech, that in the exercise of your religious freedom, there can be three options: (a) purvey discrimination based on scriptures; (b) exhaust available laws without state intervention in protecting a minority and marginalized group; and (c) when there is no law available, blame it on our SOGIE.
It was once said that we cannot normalize the culture of LGBTQIA+ despite its historical precedent being a cultural norm pre-colonial year of the Philippines; therefore, this being the case, incidents of discrimination by reason of SOGIE in the workplace and educational institutions may rise in the absence of any law that prohibits it. This is the very reason why an anti-discrimination policy should be enacted not by reason of entitlement but by reason of being exposed in an everyday struggle to surpass all forms of SOGIE-related discrimination.
Tulungan ang bawat isa na magmulat at mas mamulat pa
Pastor Carleen Nomorosa: “Tulungan natin ang bawat isa na magmulat at mas mamulat pa. Huwag tayong mapako sa mga sarili lamang nating pagdurusa, magsama-sama tayo at magtulungan. Huwag din tayong malunod sa mga pribilehiyong tinatamasa dahil marami padin ang hindi ligtas.”
By Carleen Nomorosa
Program Coordinator, National Council of Churches in the Philippines (NCCP)
Isa sa mahal ko sa buhay, na-rape. Ng paulit-ulit.
Sabi ng isang ahensya ng gobyerno noon sa amin nung nagpapatulong kami: Mabuti nga at nakauwi pa ng buhay ang nanay mo.”
Wala pa akong sampung taong gulang noon, seven years old pa lang ako, panganay. Probinsyana. Walang alam sa siyudad. Litong-lito ako bakit ganoon.
Kaya umuwi na kami, at sinubukang hilumin ang lahat ng pait na pinagdanan, hindi lamang ng aking ina, kundi ng buong pamilya.
Ang lupit ng lipunang ito, sa mga mahihirap at walang kakayanan.
Sana tulungan nyo ang mga katulad namin, para lumaban at makapag patuloy sa paglaban.
Tulungan natin ang mga magulang nila Eileen at Allan, hindi lang para panatilihin ang sentensya ni Antonio Sanchez.
Kundi imulat din ang henerasyong ito sa kalagayan ng bayan. Huwag nating hayaang gawin tayong manhid sa lahat ng pagpatay sa mga dukha at maralita. Huwag nating hayaang magdiwang ang mga panginoong maylupa na nagpapahirap sa magsasaka. Huwag nating hayaan na manatiling kontrakwal ang mga ordinaryong manggagawa. Huwag nating hayaang may inaaping sektor dahil minorya sila. Huwag nating hayaang marami ang nagkakasakit ngunit hindi makapag pa-ospital.
Tulungan natin ang bawat isa na magmulat at mas mamulat pa. Huwag tayong mapako sa mga sarili lamang nating pagdurusa, magsama-sama tayo at magtulungan. Huwag din tayong malunod sa mga pribilehiyong tinatamasa dahil marami padin ang hindi ligtas.
Wala na tayong ibang aatrasan, kundi ang paglaban. Sana bukas wala ng rape. Wala ng papatayin. Wala ng gutom. Magtulungan tayo.
Ang pananampalatayang napapako na lamang sa pag-pikit, pagluhod o pagtaas ng kamay sa pananalangin ay hindi makakabangon sa ikatlong araw. Walang resureksyon and ganitong pananampalataya.
3 HIV-related questions (plus sub-questions) to ask re the PhilHealth scam
Every PLHIV is allocated P30,000 per year. As of April 2019, 37,091 PLHIVs are on treatment. Multiply that by P30,000 per person (per OHAT Package/coverage), and the amount involved here is P1,112,730,000. Too much money involved for us not to ask how the money is getting spent.
Here are the facts:
- As early as last year, two former employees of WellMed Dialysis Center already reported that it has been forging signatures of patients who have long died to file claims from the Philippine Health Insurance Corporation (PhilHealth) from 2016-2018.
- Typical in the Philippines (e.g. think of Napoles, PDAF, fertilizer scandal, et cetera), this was soon “forgotten” (or at least not as widely covered anymore particularly by mainstream media, so not gaining traction with the public). That is, until June, when the Philippine Daily Inquirer detailed the scam (again) via an investigative report.
- Still in June, President Rodrigo Duterte said he would “reorganize” PhilHealth after the agency lost some P154 billion to “ghost” patients and deliveries.
- WellMed Dialysis Center’s accreditation was (finally) withdrawn in June. But in a privilege speech, Sen. Panfilo Lacson alleged that PhilHealth continued to pay WellMed Dialysis Center even after its accreditation was suspended because of its involvement in a scam.
- A hearing was started by the Senate Blue Ribbon Committee (chaired by Richard Gordon) to look at the allegations of corruption in the Department of Health (DoH), and – yes – PhilHealth.
Now why is this issue important to PLHIVs and those in the HIV advocacy in the Philippines?
Aside from the fact that there may be LGBTQIA Filipinos who may also be needing dialysis, the money that actually pays for the “free” treatment and antiretroviral medicines of Filipinos living with HIV come from PhilHealth.
No, darling, you don’t get “free” meds; a PLHIV is expected to enroll in PhilHealth before he/she can access the treatment. Meaning, YOU are paying for your treatment via your P2,400 (if voluntary) PhilHealth contribution. Anyone who tells you the meds are “free” is hiding the truth from you, or is outright lying to you.
And so the talk about stealing P154 billion should be an issue to PLHIVs and those serving them; particularly since it is not rare to encounter service providers who say that they can only offer shitty (and often lacking) TCS (treatment, care and support) services because there’s no money available (DUH!).
Every PLHIV is allocated P30,000 per year. As of April 2019, 37,091 PLHIVs are on treatment. Multiply that by P30,000 per person (per OHAT Package/coverage), and the amount involved here is P1,112,730,000.
Now off my head, here are a few questions that should also be asked as we tackle the PhilHealth scam (and questions that particularly touch on HIV in the Philippines).
1. Does PhilHealth monitor the use of the OHAT package, or they solely rely on reports that can – apparently, as the case of WellMed Dialysis Center highlighted – be faked/made up? Can individuals access the individual reports filed for them (on the use of their OHAT package)? If there’s none, why not? If these can be accessed, are there mechanisms to question the same?
These questions have to do with whether a PLHIV actually uses his/her allocation.
The Outpatient HIV/AIDS Treatment (OHAT) Package covers: drugs and medications; laboratory examinations based on the specific treatment guideline including Cluster of Differentiation 4 (CD4) level determination test, viral load (if warranted), and test for monitoring anti-retroviral (ARV) drugs toxicity; and professional fees of providers.
But in 2015, when interviewed by Outrage Magazine, PhilHealth’s Medical Specialist III and Millennium Development Goals Benefit Products Team Head Dr. Mary Antoinette Remonte said that “it has come to our attention that some treatment hubs charge for some laboratory tests, even after the release of the OHAT Package circular.” And so while the circular may specifically mention covered items, the same circular should not be taken too literally.
For instance, VL is not included in the circular, but if a PLHIV needs “viral load, if it’s really needed, they can still charge it on the OHAT package. Any laboratory tests related to ART treatment, they can use the OHAT Package for it.” For Remonte, “even if viral load testing was not written in the first circular, it was already included in the coverage.”
2. The baseline tests are still not specified in the circular/OHAT Package. This is why many PLHIVs are lost to TCS – i.e. they are told to pay for their own tests (e.g. chest X-ray, CBC) before they can get their hands on the life-saving meds (the ARVs). Why is this idiotically still not included in the OHAT Package, and even knowing that (many) PLHIVs won’t end up consuming the P30,000 allocated them anyway?
3. Do they also withdraw the accreditation of treatment hubs/clinics/satellite clinics that claim the P30,000 even if they did not actually use the entire amount for the use of the PLHIV? Has there ever been a service provider that lost its accreditation because of non-delivery of services?
We have spoken with PLHIVs who were told to get lab tests outside of their treatment hubs (e.g. chest X-ray, VL, CD4 count); they were told to pay for the same. No, they may NOT use their OHAT Package for the same, a handful of them were told. They have to shell out their OWN money.
The thing is, if these are already supposedly covered by PhilHealth, why the additional expenses? Who then benefits from the OHAT Package? The service providers not offering the services and yet getting the money? Isn’t this theft? And if one thinks so, what are the mechanisms for complaining? Are there any at all?
Let’s be blunt here: If these are not answered, here’s another avenue where profiteering is happening via PhilHealth, and at the expense of PLHIVs.
To end, let me state this to stress this: Every PLHIV is allocated P30,000 per year. As of April 2019, 37,091 PLHIVs are on treatment. Multiply that by P30,000 per person (per OHAT Package/coverage), and the amount involved here is P1,112,730,000.
Too much money involved and yet service providers still often saying “there’s no money” to help PLHIVs…