"Religious freedom is not absolute. It ends where other people’s rights begin."
"Religious freedom is not absolute. It ends where other people’s rights begin."
Ricky Reyes’ recent statements on how he perceives members of the LGBTQIA+ community should act in society stirred a hornet’s nest. He wants them to remain in the margins and not disturb “social order”. Clearly, Reyes does not understand the concept of human rights. Unsurprisingly, he is against the passage of the SOGIE (Sexual Orientation, Gender Identity, and Expression) Equality Bill.
My Facebook post on Reyes’ statements and the SOGIE bill received almost 1,400 reactions and was shared by over 700 people. Many were in favor of the bill’s passage but there were also those who were strongly against. I checked the discussions and while those against the bill quite passionate, it was obvious to me that the big majority of them has not even read the bill and was relying on what they have heard about it.
While I know that bills and laws are not very easy to understand because they are written in legalese, still, it will be better for people to read them. For instance, the SOGIE Equality bill is really nothing to fuss about. It simply equalizes things between and among people. No one is going to be deprived of rights s/he already enjoys. Rather, the same rights that people usually take for granted will be made accessible to members of the LGBTQIA community. This will be done by removing discriminatory practices, and developing a more accepting and respectful environment. Those belonging to the LGBTQIA+ community will NOT be granted special rights.
To illustrate this, let us look at the ACTUAL provisions of the bill. Hopefully, doing this will assuage the fear of some that they will be restricted or their rights violated, and correct the wrong perceptions on the SOGIE Equality Bill resulting from the disinformation going around.
Section 5 of the bill enumerates the acts that are considered discriminatory against LGBTQIA+ people. It should be emphasized that the basis of these discriminatory acts is SOGIE. The bill prohibits:
1.) Promoting and encouraging stigma in the media, in educational textbooks, and other medium. Inciting violence and sexual abuse against any person or group is likewise prohibited.
2.) Including SOGIE, as well as the disclosure of sexual orientation, in public (including military, police, and other similar services) and private employment criteria for hiring, promotion, transfer, designation, work assignment, re- assignment, dismissal of workers, and other human resource movement and action, performance review and in the determination of employee compensation, career development opportunities, training, and other learning and development interventions, incentives, privileges, benefits or allowances, and other terms and conditions of employment. This prohibition shall also apply to the contracting and engaging of the services of associations or organizations with LGBTQI members, or organizations advocating LGBTQI rights.
3.) Refusing admission to, or expelling, an individual, based on SOGIE, from any educational or training institution. Provided, that the right of educational and training institutions to determine the academic qualifications of their students or trainees shall be duly upheld.
4.) Imposing disciplinary sanctions, penalties harsher than customary or similar punishments, requirements, restrictions, or prohibitions that infringe on the rights of the students, including discriminating against a student or trainee due to the SOGIE of the student’s parents or legal guardian.
5.) Refusing or revoking accreditation, formal recognition, registration or plan to organize of any organization, group, political party, institution or establishment, in educational institutions, workplaces, communities, and other settings.
6.) Denying access to public or private medical and other health services open to the general public, as well as access to public and private health insurance, including HMOs.
7.) Denying application for, or revocation of any government license, authority, clearance, permit, certification, or other similar documents necessary to exercise a profession, business, or any other legitimate calling.
8.) Denying access to, or use of establishments, facilities, utilities or services, including housing, that are open to the general public.
9.) Subjecting or forcing any person to undertake any medical or psychological examination to determine or alter the person’s SOGIE without the expressed approval of the person involved, except in cases where the person involved is a minor and below the age of discernment in which case prior approval of the appropriate Family Court shall be required. In the latter case, the child shall be represented in the proceedings by the Solicitor General or the latter’s authorized representative.
10.) Subjecting any person, natural or juridical, to profiling, detention, or verbal or physical harassment. Profiling, detention, or verbal or physical harassment by members of law enforcement agencies, including the military, police, immigration, is likewise prohibited. Physical or verbal harassment of persons in custody or detention of the police, including subjecting them to extortion, is also prohibited.
11.) Subjecting a person to any other analogous acts that shall have the effect or purpose of impairing or nullifying the enjoyment, recognition, and exercise of a person’s human rights and fundamental freedoms.
In real life, many of these acts do not ordinarily happen to those outside of the LGBTQIA+ community. However, these are commonly experienced by those within. There lies the big difference, hence, the need to pass the SOGIE Equality Bill.
Legislators opposing the bill do so basically on religious grounds. They are the first to know that there is nothing religious about the bill. Laws deal with civil liberties, rights, and freedoms, not religions and churches.
People’s, and lawmakers’ religious freedom will not be affected. They will remain free to practice their religion in whatever way they want. Churches will continue to operate based on their beliefs. They can even excommunicate LGBTQIA+ persons if they wish.
However, religious people, lawmakers included, cannot impose their dogma on others. They cannot dictate how other people should practice their, or not practice religion. Their religious freedom is not absolute. It ends where other people’s rights begin. Thus, religion should not, and cannot be used against the SOGIE Equality Bill.
All the fuss created by people opposing the bill is based only on one thing: they do not want LGBTQIA+ persons to be equal with them. This cannot continue. The SOGIE Equality Bill must be passed by Congress IF our lawmakers are true to their mandate of passing laws that respect and promote Filipinos’ human rights.
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