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Comelec: Many gays in Congress; no need for Ang Ladlad
Philip Tubeza (Philippine Daily Inquirer, 17/11/2009)
MANILA, Philippines—Will the gays in Congress please stand up?
Claiming that gays and lesbians were already well-represented in Congress, Commission on Elections (Comelec) Commissioner Nicodemus Ferrer Monday defended the poll body’s decision to deny Ang Ladlad’s petition to run as a party-list group in the May 2010 elections.
Ferrer dismissed claims that the resolution imposed the Comelec commissioners’ religious beliefs on the public.
He urged Ang Ladlad, a gay group, to file a motion for reconsideration so that the issue could be settled “once and for all.”
“It will be raised to the en banc automatically,” the commissioner said. Comelec Chair Jose Melo said the poll body may even have to schedule the motion for a hearing to give Ang Ladlad an opportunity to express its views, according to Ferrer.
Ferrer said the group was not underrepresented. “Actually, [Ang Ladlad is] over-represented in the lower house and in the upper house … in the military … in the religious,” he said in jest at Monday’s press conference.
“Although I said that jokingly, I know that they’re already there. Either those who open their closet or those who keep closing their closet,” he added.
Ferrer said Ang Ladlad members should “not make threats” and instead file a motion for reconsideration with the commission en banc so that the case could be settled.
Medieval resolution
Ang Ladlad’s allies claimed that the election commissioners could be impeached for their “medieval” resolution.
The Comelec Second Division—composed of Ferrer and his fellow commissioners Lucenito Tagle and Elias Yusoph—last week rejected Ang Ladlad’s petition to be allowed to run as a party-list group in the May elections.
The division said the group’s espousal of same sex relations violated the Civil Code and Revised Penal Code’s provisions against immoral doctrines and those on decency and good customs.
Based on morality
Ferrer said that the resolution was based on “morality and not religion” but acknowledged that his morals were based partly on his religious upbringing.
“It’s wrong for anybody to say that resolution is introducing a religious concept. It is not. We are talking about morality not religious belief. They’re wrong on that,” Ferrer said.
The Commission on Human Rights (CHR) on Sunday said that homosexuality was part of the diversity of the Filipino culture and must be part of Philippine politics.
CHR Chair Leila de Lima said her office would file a motion for intervention in the Comelec in support of the gay organization’s move to overturn the poll body’s decision.
Stressing that the Comelec decision smacked of prejudice and discrimination, De Lima said it appeared to be a “misplaced edifice of arcane views on homosexuality” and in making such decision, the election body had exhibited a “retrogressive” manner of thinking toward the issue.
“We do not think that Ang Ladlad seeks accreditation to promote immorality in the country, but to give a voice to a marginalized sector to push for further protection of their rights,” she said in a strongly worded statement.
De Lima noted that “gays are often objects of discrimination through ridicule, contempt and various forms of violence just as this decision clearly illustrates.”
“Homosexuality is not a counterculture … Homosexuals are part of the Filipino family and unavoidably must be part of our politics,” said De Lima, a known election lawyer before she was appointed human rights chief.
She also pointed out that no government policy characterized homosexuality as illegal or immoral, citing the Universal Declaration of Human Rights, which states that “all are equal before the law and are entitled without any discrimination to equal protection of the law.”
“There is and can be no basis in law to deny the registration of the party, directly or indirectly on the grounds of homosexuality … to make assertions based on their homosexuality is patently discriminatory,” she said.
Deeply entrenched prejudice
Disqualifying Ang Ladlad’s bid to participate in the party-list elections on grounds of “immorality” and for “being inimical to the interest of the youth” was uncalled for, according to Sen. Joker Arroyo.
“The Comelec resolution reveals a deeply entrenched prejudice against LGBTs (lesbians, gays, bisexuals, transgenders), the constituency of Ang Ladlad. What if they are LGBTs?
“Precisely because of that, as a group which has been oppressed and marginalized in all spheres of their lives, they should be allowed to exercise their basic right to representation in the House of Representatives,” Arroyo said on Saturday.
This will allow them to protect and advance their interest, the very objective of party-list representation, he said.
“The Comelec’s mandate is to ensure clean and honest election, not to vent their ire and prejudice against gays,” Arroyo said, pointing out that all groups stand on equal footing to have party-list representation under the Constitution.
“The Comelec cannot, as its Second Division has done, discriminate against and whiplash gays, while they give party-list accreditation to cock fighters, etc.,” he said.
“The decision violates their human rights, is utterly bereft of legal basis, grounded as it was on blighted notions of moral standards, even as it invoked the Bible and the Koran,” he added.
Ferrer said the resolution did not reek of “prejudice and discrimination.”
He said the resolution also did not violate any human rights, adding that the CHR could formally intervene in the case if its intention was “valid.”
“I said ‘We may be wrong.’ We are not always right but the fact is we apply the law the way we see it and the law is a living provision. It is not limited to the black and white provision,” he said
Comelec: Many gays in Congress; no need for Ang Ladlad
Philip Tubeza (Philippine Daily Inquirer, 17/11/2009)
MANILA, Philippines—Will the gays in Congress please stand up?
Claiming that gays and lesbians were already well-represented in Congress, Commission on Elections (Comelec) Commissioner Nicodemus Ferrer Monday defended the poll body’s decision to deny Ang Ladlad’s petition to run as a party-list group in the May 2010 elections.
Ferrer dismissed claims that the resolution imposed the Comelec commissioners’ religious beliefs on the public.
He urged Ang Ladlad, a gay group, to file a motion for reconsideration so that the issue could be settled “once and for all.”
“It will be raised to the en banc automatically,” the commissioner said. Comelec Chair Jose Melo said the poll body may even have to schedule the motion for a hearing to give Ang Ladlad an opportunity to express its views, according to Ferrer.
Ferrer said the group was not underrepresented. “Actually, [Ang Ladlad is] over-represented in the lower house and in the upper house … in the military … in the religious,” he said in jest at Monday’s press conference.
“Although I said that jokingly, I know that they’re already there. Either those who open their closet or those who keep closing their closet,” he added.
Ferrer said Ang Ladlad members should “not make threats” and instead file a motion for reconsideration with the commission en banc so that the case could be settled.
Medieval resolution
Ang Ladlad’s allies claimed that the election commissioners could be impeached for their “medieval” resolution.
The Comelec Second Division—composed of Ferrer and his fellow commissioners Lucenito Tagle and Elias Yusoph—last week rejected Ang Ladlad’s petition to be allowed to run as a party-list group in the May elections.
The division said the group’s espousal of same sex relations violated the Civil Code and Revised Penal Code’s provisions against immoral doctrines and those on decency and good customs.
Based on morality
Ferrer said that the resolution was based on “morality and not religion” but acknowledged that his morals were based partly on his religious upbringing.
“It’s wrong for anybody to say that resolution is introducing a religious concept. It is not. We are talking about morality not religious belief. They’re wrong on that,” Ferrer said.
The Commission on Human Rights (CHR) on Sunday said that homosexuality was part of the diversity of the Filipino culture and must be part of Philippine politics.
CHR Chair Leila de Lima said her office would file a motion for intervention in the Comelec in support of the gay organization’s move to overturn the poll body’s decision.
Stressing that the Comelec decision smacked of prejudice and discrimination, De Lima said it appeared to be a “misplaced edifice of arcane views on homosexuality” and in making such decision, the election body had exhibited a “retrogressive” manner of thinking toward the issue.
“We do not think that Ang Ladlad seeks accreditation to promote immorality in the country, but to give a voice to a marginalized sector to push for further protection of their rights,” she said in a strongly worded statement.
De Lima noted that “gays are often objects of discrimination through ridicule, contempt and various forms of violence just as this decision clearly illustrates.”
“Homosexuality is not a counterculture … Homosexuals are part of the Filipino family and unavoidably must be part of our politics,” said De Lima, a known election lawyer before she was appointed human rights chief.
She also pointed out that no government policy characterized homosexuality as illegal or immoral, citing the Universal Declaration of Human Rights, which states that “all are equal before the law and are entitled without any discrimination to equal protection of the law.”
“There is and can be no basis in law to deny the registration of the party, directly or indirectly on the grounds of homosexuality … to make assertions based on their homosexuality is patently discriminatory,” she said.
Deeply entrenched prejudice
Disqualifying Ang Ladlad’s bid to participate in the party-list elections on grounds of “immorality” and for “being inimical to the interest of the youth” was uncalled for, according to Sen. Joker Arroyo.
“The Comelec resolution reveals a deeply entrenched prejudice against LGBTs (lesbians, gays, bisexuals, transgenders), the constituency of Ang Ladlad. What if they are LGBTs?
“Precisely because of that, as a group which has been oppressed and marginalized in all spheres of their lives, they should be allowed to exercise their basic right to representation in the House of Representatives,” Arroyo said on Saturday.
This will allow them to protect and advance their interest, the very objective of party-list representation, he said.
“The Comelec’s mandate is to ensure clean and honest election, not to vent their ire and prejudice against gays,” Arroyo said, pointing out that all groups stand on equal footing to have party-list representation under the Constitution.
“The Comelec cannot, as its Second Division has done, discriminate against and whiplash gays, while they give party-list accreditation to cock fighters, etc.,” he said.
“The decision violates their human rights, is utterly bereft of legal basis, grounded as it was on blighted notions of moral standards, even as it invoked the Bible and the Koran,” he added.
Ferrer said the resolution did not reek of “prejudice and discrimination.”
He said the resolution also did not violate any human rights, adding that the CHR could formally intervene in the case if its intention was “valid.”
“I said ‘We may be wrong.’ We are not always right but the fact is we apply the law the way we see it and the law is a living provision. It is not limited to the black and white provision,” he said
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