The Heterosexual Act: Recognizing and protecting homophobia

BY KAT DELA RAMA & YEL DELENA

freedom.

“The best way to avoid a ‘perceived’ discrimination is to be what [G]od created us to be.”

These were the words of District Representative Bienvenido “Benny” Abante in his explanatory note for his proposed Heterosexual Act.

In filing his bill, Abante demanded that the rights of heterosexuals be recognized and protected by the state. He acted as if the LGBTQIA+ community were clamoring for special privileges that would elevate their status in society when in reality, they only seek to be treated fairly.

Abante’s bill is proof that the Philippines has a long way to go in terms of overcoming its heteronormative and Catholic influences and ultimately acknowledging LGBTQIA+ rights. More than ever, we must speak out against the Heterosexual Act, lest it becomes another law that enforces the tight hold of outdated Catholic beliefs — and further enables the oppression of the vulnerable.

THE “OPPRESSION” OF HETEROSEXUALS

While the bill brands itself as a defender of heterosexual rights, it is clear that its ulterior motive is to invalidate and impose on the rights of queer people — rights that the community has defended for decades against the same people Abante wishes to protect.

Heterosexuals have always been able to freely express themselves through their wardrobe and love whom they want to while the LGBTQIA+ community has to fight just to be able to wear clothes matching their gender expression without getting harassed. Heterosexuals such as Abante believe that their privilege to un- justly criticize queers is a right, one that they now feel they are being deprived of.

Abante also stated that if queer people want their rights to be protected, the same should also go for heterosexuals “in the spirit of justice, equity, and fair play.” He believes that allowing queer people to have rights would result in the oppression of heterosexuals.

This poses a glaring misinterpretation of the Sexual Orientation and Gender Identity Expression (SOGIE) Equality Bill and other legislative battles for LGBTQIA+ rights. In our heteronormative and cisnormative society, heterosexuals and cisgendered people face little to no discrimination when it comes to their SOGIE. In fact, they are rewarded with happier and safer lives compared to the LGBTQIA+ community, who are at a higher risk of suicide and violence. Even if the SOGIE Equality Bill is passed, heterosexuals and cisgendered people will still continue to enjoy the privilege of a relatively happy and safe life as the bill protects everyone from SOGIE-based discrimination, including them.

As with many other oppressive legislations, this homophobic bill is a result of deliberate misinterpretation of progressive movements and the unjust imposition of personal beliefs on others.

DEFYING GOD’S LAW

Abante’s bill is a perfect example of using religious freedom — a right defended by Section 5 of the Bill of Rights — to abuse minorities. People are legally allowed to state opinions and views based on their religious backgrounds, but when these opinions are directly harmful to someone else, it becomes an abuse of one’s

This is far from the first time we’ve seen lawmakers impose their religious beliefs on the country, as Philippine legislation is tainted with laws that refuse to recognize the rights of various minorities. Issues such as divorce and abortion remain banned despite recommendations from the United Nations Human Rights Council (UNHR) due to the Philippines being a pre-dominantly Catholic nation.

While there have been attempts to create a safer space for LGBTQIAs in the Philippines — two most prominent attempts being the SOGIE Bill and the Anti-Bullying Law of 2013 — these laws are weakly enforced, if not completely ignored. Queer people in schools, workplaces, and communities are still subject to incessant bullying and harassment — mainly from people who use the word of God to attack the queer community.

Abante is an example of those who often cite religion as the basis for their homophobic sentiments. In his explanatory note, he repeatedly looked down on the LGBTQIA+ community, implying that only heterosexuals are true creations of God and that the community is a sinful creation of mankind. It is these people who unfairly stigmatize the community and as such, hinder the progress of LGBTQIA+ rights that should’ve already been a given.

As stated in the constitution, the separation of church and state must be inviolable. The Catholic beliefs of a legislator should not be the primary basis for creating laws — the well-being of citizens must always come first. When legislators prioritize their religious biases over the safety of a community, then they have already failed to fulfill their duty to the people.

The Bible repeatedly instructs its readers to love your neighbor as yourself; yet, it seems that the Catholic Church and its followers set out to crucify anyone that doesn’t fit in.

FORCED INTO SILENCE

And this bill, should it pass, will criminalize fighting back.

The queer community will be forced to once again remain silent as heterosexuals discriminate against anyone who does not fit their narrow definition of “normal.”

Heterosexuals, Abante’s so-called “actual and direct creations of God,” will be allowed to say homophobic slurs and fire queer employees for simply expressing themselves. Furthermore, LGBTQIA+ activists will be jailed for at least five years or fined at least Php 100,000 for daring to speak up against these injustices.

The only protection this bill claims it would grant the LGBTQIA+ community is outlawing heterosexuals from being physically violent towards them. However, this is not the only form of discrimination the community faces on the daily. What use will this prohibition on violence be when you are forced to listen to people call your very existence a sin? How will this protect you when you must hide your true self lest you lose your source of income?

AN UPHILL BATTLE

The bill is a death sentence for the LGBTQIA+ community. Not only will it allow homophobia to run rampant in our country, but it will also reverse any progress queer activists have made.

The mere filing of this bill is a harsh reminder that our country’s small steps towards acceptance in the fight for sex- uality and gender rights are not enough. Our country is still filled with people — and more so, policymakers — like Abante who fail to realize that members of the LGBTQIA+ community are human beings and citizens of the nation, subject to the same rights, respect, and legal protection that heterosexuals enjoy.

It has been two decades since the first version of the SOGIE Equality Bill was filed by the late Senator Miriam Defensor Santiago and former Akbayan Representative Loretta Rosales. Yet even after decades of insulting misconceptions, religious intolerance, and lack of political support, there is still no legislation that protects the LGBTQIA+ community from discrimination.

This bill is just another obstacle in a long list of hurdles the queer community has faced. But despite the SOGIE Equality Bill being continuously shot down, LGBTQIA+ advocates continue to fight for the equality the community deserves and speak up against injustices.

Organizations and prominent advocates are not the only ones that can create significant changes within the community. Even as students, we can be a safe space for the queer community by making it clearly known that we stand with them against homophobia. By simply speaking up when a teacher or fellow student misgenders or deadnames a transgender classmate and refusing to ignore someone mocking a student for their sexuality, we take the first few steps in creating a safer space for the community.

The queers have not lost — not yet. And if we speak up loud enough and stand for what is right, the queers will never lose.