One of my favorite bloggers once again rises to the occasion, this time against a seemingly illogical and truly hurtful decision (with far-reaching and far-ranging effects) on why Ladlad is refused accreditation. – Rob
From: http://houseonahill.net/a-benighted-and-repressive-comelec/#more-11205
by Connie Veneracion on November 17, 2009
The facts are not disputed. Ang Ladlad LGBT Party (Ladlad, for brevity) is composed of Lesbians, Gays, BisexuaIs, and Transgenders. It filed a petition with the Comelec seeking accreditation as a party to better represent the interests of its members and individuals in similar situation.
Ang Ladlad LGBT Party has complied with all legal requirements. In accordance with Republic Act 7941, it filed with the COMELEC a petition, attaching its constitution, by-laws, platform or program of government, list of officers, coalition agreement and other relevant information as the COMELEC may require.
In its petition, Ladlad averred that: it has nationwide constituency; it is not a religious sect or denomination; it does not advocate violence or unlawful means to seek its goal; it does not receive any support from any foreign government, foreign political party, foundation, organization, whether directly or indirectly; and it is not a party or organization that is an adjunct of, or a project organized or an entity funded or assisted by, the government.
The Comelec found nothing to hold any of these averments as untrue. Ergo, the Comelec should have granted the petition. But it didn’t. Why? Because, according to the resolution, homosexuality – as a status – is against the teachings of the Catholic Church and the Koran among other things.
The Comelec is a Constitutional Commission and the Constitution requires that majority of its members be comprised of lawyers “who have been engaged in the practice of law for at least ten years.” The intention is clear. Majority of the members of the Comelec should be well versed with the law and the application of that knowledge should prevail in resolving all issues before it.
But what does the resolution tell us? First, it quotes from the Bible. Then, it quotes from the Koran. Despite having complied with all legal requirements, Ladlad’s petition was denied because homosexuality is against the laws of two religions – a clear violation of civil rights, the exercise of which is based on what the law guarantees and not on what the church – any church – prohibits. Civil government and church are two distinct entities with separate sets of rules and spheres of authority. That is basic. That is something that even non-lawyers are aware of. How could the Comelec and all its legal thinktanks have missed that?
But, beyond the legality, what’s really mind blowing is the reasoning. The resolution sites the comment of the Comelec’s own Law Department which states that Ladlad advocates sexual immorality because homosexual relationships “serve no other purpose but to satisfy the market for violence, lust or pornography; offend any race or religion; tend to abet traffic in and use of prohibited drugs; and are contrary to law, public order, morals and good customs, established policies, lawful orders, decrees and edicts.” Huh?
Based on news reports that we hear day in and day out, violence is more often engaged in by men who feel they’re so macho. Let’s not be hypocrites – lust is something that heterosexuals indulge in too. Even priests, for goodness sakes! Pornography is not something that only homosexuals make and watch. Offend any race? There are homosexuals in any race and all throughout history. Greek erotica, including those that depict homosexual acts, date back to 5th century BC. Tend to abet in the traffic and use of prohibited drugs? Where are the statistics? Drug trafficking is a global business. It doesn’t have anything to do with sexual orientation. Drug use is a global problem and it transcends social class, sex, race and religious belief.
Contrary to law, lawful orders, decrees and edicts? Which ones? I’m not sure if you’ve heard of the term bill of attainder. It is a law that punishes a person or persons for his or their STATUS and not because of something that he or they have done that constitutes an offense. A bill of attainder is unconstitutional because our legal system follows the principle that it is the act that is punishable rather than the status or condition of a person. That’s why there is no law punishing homosexuality. It would be a bill of attainder. Just like any law that punishes being ugly or being stupid. Even the condition of being corrupt is not punishable. One has to commit an act of corruption, as defined by law, to be held liable.
Offend any religion? Ah, now we really get into the meat of the issue. Despite all the instances cited, this is the only phrase that matters. Homosexuality does offend religion, the Comelec cited two, and it goes on to make a sweeping generalization as though to offend these two is to offend all. Even if homosexuality offends religion, so what? That is for religious authorities to deal with. That is not for civil government to dabble in.
The Comelec resolution does not carry the weight of criminal law and the denial of Ladlad’s petition does not include the imposition of a penalty – at least, at first blush, because in modern society, penalty in law is either imprisonment or fine. But what the Comelec imposes on Ladlad – and on all homosexuals, bisexuals and transgenders – is a deprivation of the right of representation which, had the party consisted of heterosexuals, would have been readily granted.
From one perspective, this denial of right of representation is even worse than the imposition of a penalty. Imprisonment is not forever. Heck, even life imprisonment has a maximum. A fine once paid is finished and done with. But if the legality of the Comelec resolution is accepted, this denial of rights may be for far longer than the lifetime of the members of Ladlad. And it will affect people who have not even been born yet.
I smell certiorari in the air. And it’s a smell that I welcome.
(To be continued…)



