HB 956: The Anti-Discrimination Bill

June 3rd, 2008 at 12:15 am (General, National Politics, Human Rights)

For quite some time, House Bill 956 known as the Anti-Discrimination Bill sponsored by Akbayan Partylist Representative Risa-Hontiveros Baraquel has been pending in the House of Representatives.

It is a controversial piece of legislation that has (predictably) earned the attention of Catholic Church leaders and other moralists. As I am not gay or lesbian, I can’t really comment much on the bill, except to say, I am for human rights and equality.

Jonas Bagas, a gay activist explains ten important things about HB 956:

  1. Equal rights, not special rights.
  2. Equality in schools.
  3. Equal opportunities in employment.
  4. Removing stigma in healthcare.
  5. Fighting police abuse.
  6. Organizing for LGBT pride.
  7. Equal access to establishments.
  8. Gays and lesbians in the police and military.
  9. Penalizing discrimination.
  10. About non-discrimination, not same-sex marriage.

To know more and support the passage of this bill, visit AJ’s and Jonas‘ blogs.

Download HB 956 here.

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1 Comment

  1. Rolando delos Reyes II said,

    August 16, 2008 at 8:05 pm

    Good day!

    We in Courage Philippines, a spiritual support system for Catholic persons with same-sex attractions (SSA), those suffering from homosexual condition, oppose the Anti-Discrimination Bill in all its forms - both in the national as well as in the local levels.

    We see the bill as the WRONG ANSWER to the RIGHT QUESTION.
    Yes, there may have been discrimination happening against homosexual persons. But in passing this bill, there are five salient points that we have to consider:

    1. Against the “Equal Protection” Clause
    - unjustly favors a group of individuals over the rest despite basic natural gender similarities
    - The bill ironically permits and allows discrimination and inequality
    - inequality lies in the behavior and/or sexual lifestyle chosen by a person
    - more protection will be given to individuals who embrace the active homosexual lifestyle, as oppose to those who reject or fight against it
    - 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”
    - The bill defines “discrimination” on grounds that are either “actual or perceived”
    - 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
    - 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
    - It can also be used by individuals, who may perceive, by mere suspicion that he or she is being discriminated against
    - 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
    - A person may use the bill to incriminate individuals or institutions, even if his or her behavior is illegitimate – e.g. talking or laughing boisterously in places of worship, or making sexual advances to a person he or she is attracted to

    3. may Supercede 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 desires 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. Redundant of Existing Laws
    - Universal Declaration of Human Rights (Article 1 and 7)
    - 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 )
    - The Labor Code of the Philippines (Article 3 and 6)
    - The Civil Code of the Philippines (Article 19, 20, 21, 26, 27 and 32) – covering Section 4, paragraphs (a) to (i)
    - The Anti-Graft and Corrupt Practices Act (Section 3 (e)) – covers the public sector applications of Section 4, paragraphs a to g
    - The Anti-Sexual Harassment Act of 1995 (RA No. 7877) - Section 2
    Code of Conduct and Ethical Standards for Public Officials and Employees (RA No. 6713) - Section 4 (c)
    - The Revised Penal Code (Article 287 on Unjust Vexation sufficiently covers Section 4, paragraphs a, f, g and h of HB 634. 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)

    5. Does not answer “misconceptions and ignorance”
    - 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?

    Where does the Filipino public get their idea/s about homosexuality?

    Immediate environment
    Direct experience with a homosexual
    Others’ experiences with a homosexual
    Mass Communications

    People who have bad experiences with homosexual persons (e.g. molested or scammed or abused) tend to relate with hatred towards any homosexual.

    People who have had good experiences with homosexual persons tend to relate with love towards any homosexual

    If people will understand:
    WHY a person becomes a homosexual
    WHAT FACTORS contribute to homosexuality
    and 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

    TRUTHS ABOUT HOMOSEXUALITY
    - A homosexual is a person with same-sex attractions
    - There is a difference between homosexual attraction and homosexual behavior
    - Homosexuality is not all of genetics but more of environment
    - Homosexuals have choices
    - Change is difficult but possible for the homosexual
    - There are groups available to help homosexuals who decide to change
    - 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.”
    - Cardinal Ratzinger’s (now Pope Benedict XVI) Letter to the Bishops On the Pastoral Care of Homosexual Persons (1986)

    ANTI-DISCRIMINATION BILL?
    - People will act OUT OF FEAR

    PASTORAL EDUCATION ON HOMOSEXUALITY?
    - People will act OUT OF LOVE

    May God save the Philippines from individuals and groups that wishes only to legitimize their immoral behaviors, influence other persons into their sinful lifestyle and suppress the truth about homosexuality - all in the pursuit of their selfish political agenda!

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