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.