Sexual Orientation and Human Rights and the Pending Passage of Senate Bill No. 1738 or the Anti-Gender Discrimination Bill

Abstract

Homosexuality, like heterosexuality, is found in all cultures at all periods of history. However, it has been subject to thousands of years of prejudice, discrimination, and oppression, enshrined in religious and legal prohibitions and popular fear, and has often been met with violent opposition. The idea that lesbians and gays are a distinct group of people has been challenged radically by “queer activists” who argue that sexuality is a matter of choice, and that the divide between homosexuality and heterosexuality is a social and historical one, rather than one based in any fundamental, essential, or biological reality. But basically, what matters is whether homosexuality offers the possibility for viable life choices, and a fulfilling way of living. The evidence of recent years is clearly that it can, though resistance to this evidence is still very strong. This study presents the proposed Senate Bill 1738 or the Anti-Gender Discrimination Bill as to its goals, objectives and the various arguments for the delayed passage. The Anti-discrimination Bill passed by the 13th Congress has been recently proposed by Senator Ramon Revilla Jr. in the Senate. It is a bill that aims to rectify the strong biases and prejudices by the society at large against gays and lesbians. This seeks to eliminate discriminatory practices pertaining to employment and health, education and public services on the basis of sexual orientation and gender identity. The bill was primarily premised on the equal protection clause guaranteed under the Constitution. It is also in keeping with the country’s commitments under international agreements that seek to ensure respect for the human rights of all persons regardless of sex, identity or any other condition. However, argument shows that despite the call for “equal” and not special rights, there has been opposition coming from the religious sector that this bill has a moral dilemma. With this, Senate Bill 1738 stresses that it does not aim to legalize homosexual relationship but to give LGBTs the rights accorded to them as human beings and to give proper sanction to those who will violate their rights.