Position Paper of Pro-Life Philippines Foundation, Inc. on Anti-Discrimination Bills on SOGIE
“An Act Prohibiting Discrimination On the Basis of Sexual Orientation and Gender Identity and Expression 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
Anti-Discrimination bill on SOGIE 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. It is made in favor of active gays and lesbians.
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 Anti-Discrimination bills on SOGIE against a homophobic employer, but the “straight” person cannot use Anti-Discrimination bill on SOGIE 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 Anti-Discrimination bills on SOGIE more protection will be given to individuals who embrace the active homosexual lifestyle, as oppose 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 Anti-Discrimination bill on SOGIE, 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 these bills 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. Continue reading