POSITION PAPER OF THE BAGUIO PRIDE NETWORK SUBMITTED TO THE BAGUIO CITY COUNCIL
RE: Proposed Resolutions denouncing and prohibiting the conduct of same sex unions
in the City of Baguio and for the Conduct of an Investigation by the National
Bureau of Investigation and the Baguio City Police Office regarding the conduct
of same-sex unions.
I. BACKGROUND:
The Baguio Pride Network (BPN) is an alliance of the different LGBT (Lesbian, Gay, Bisexual and Transgender) groups/organizations, advocates and individuals in Metro Baguio. Every year, the BPN celebrates June as pride month and conducts different activities in celebration thereof; some of which are Libreng Gupit conducted at the Baguio City Jail, the Silungan Center of the DSWD, the Peoples Park and at the La Trinidad Municipal Plaza; Tree planting and clearing activities at the Pride Park at Busol Water Shed; Relief Operations during calamities; Pride Religious Services conducted by one of its members, the Metropolitan Community Church of Metro Baguio (MCC); Educational Forums re: LGBT issues at the different colleges and universities in the city and lastly the yearly Pride Parade.
As part of the 2011 Pride Celebration, the MCC conducted the Pride Religious Service with the celebration of the Holy Union of 8 same sex couples. Such ceremony has drawn mixed reactions from the public. Members of the church hierarchy and the ecumenical community had condemn the act and some had made discriminatory statements against those involved in the Holy Union branding them as “abnormal”, “mentally ill”, “kadiri” and a pastor-announcer at Z-Radio Station called them as, “mga kampon ni satanas” and the event as “gawain ng demonyo”.
The City Mayor was “ashamed” that the event occurred in the City of Baguio. Other politicians/lawyers also joined the band wagon and stated that criminal cases can be filed against the persons involved in the said event.
II. POSITION:
The LGBT community of Baguio City through the Baguio Pride Network denounces the passage of the proposed Resolutions for being discriminatory and prejudicial and in violation of the human rights of the LGBT community.
It is the position of the Baguio Pride Network that the Proposed Resolutions of Councilor Weygan and Councilor Bilog be ABANDONED and that the Rights of the LGBT community be respected and upheld as provided under the Equal Protection Clause of the Constitution and the UN International Covenant on the Civil and Political Rights.
III. ARGUMENTS IN SUPPORT OF THE POSITION:
a. Deliberating on the matter of whether or not to denounce and prohibit the conduct of same sex union in the City and for the NBI and the BCPO to conduct an investigation regarding the same sex union ceremonies is a violation of the INVIOLABLE SEPARATION OF THE CHURCH AND STATE as enshrined in Article II, Section 6 and Article III, section 5 of the Philippine Constitution.
ARTICLE II, SEC. 6. Philippine Constitution
“The Separation of Church and State shall be inviolable”
Article III, Section 5 Philippine Constitution
“No law shall be made respecting as establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights”
First in the agenda is the issue as to whether or not the “Holy Union” ceremony conducted by the MCC is a “Marriage Ceremony” falling within the legal definition of the Family Code.
While some groups/individuals have used the words “Holy Union” and “marriage” interchangeably, the MCC and the Baguio Pride Network maintains that the Holy Union ceremony conducted is a Religious Ceremony and not a marriage ceremony as understood under the law.
Nowhere was it claimed by the MCC or the BPN that the Holy Union ceremony is the same as the marriage under the Family Code. In fact it was explained in the MCC website that the Holy Union ceremonies are conducted as “Blessing” ceremonies. It was for same sex couples who wished to have their “commitment, union” blessed by the Church through the MCC.
It was explained in the pre-Holy Union Counseling of the same-sex couples and in the media guidelines before the conduct of the Holy Union that the ceremony has no legal effect and that the gender and civil status of those involved will not change. Further, it was made crystal clear to the couples and those present that the Holy Union is not the same as the “marriage” under the law. The personalities involved in the “same-sex” weddings are not ignorant of the fact that there are no laws in the Philippinesrecognizing same sex marriage.
With these facts, it is logically obvious that the City Council cannot and should not meddle in the affairs of the Religious for it will be in violation of the Constitution.
The state, in the personality of the City Council, cannot intrude into the affairs of a religion and question its
religious ceremonies. The only exemption is in the exercise of the state’s Police Power where the welfare of the general public is at stake. In this case, no harm was committed on the welfare of the public, neither were there laws
which were violated by the conduct of the ceremony.
In saying that the City’s tourism is at stake or that the city’s reputation as a “Character” City is being trampled
upon by the conduct of the Holy Union is baseless and flawed.
During the BPN Pride parade alone, local tourists from mainly Metro Manila came to Baguio to celebrate with us. If not for the rains and road conditions during that time, a number of visitors from the Cordillera Region would have joined the festivities. The annual Baguio Pride Celebrations attracts a lot of tourists, local and foreign; hence we should not be blamed if ever the number of tourists in the City is at its low.
As to the City’s dampened reputation as a “Character” City, what does this mean? By implication, is the LGBT
community being judged as immorals and depraved individuals?
It must be noted that this proposed resolution is being pushed in the council by members of the church and the
ecumenical communities of Metro Baguio due to their religious beliefs that belonging to the LGBT community is a sin and all actions due to being an LGBT is also a sin.
While the LGBT respect their right to such belief, though discriminatory and derogatory, we encourage them to
likewise have respect for LGBT rights and freedom.
This issue here is a religious one where the City Council should not act on; otherwise the body might be accused of supporting the religious beliefs of a sect and denouncing another.
On the resolution pushing for an investigation, the BPN submits that the proposed resolution is also prejudicial
and discriminatory for the reason that it specifically targets the LGBT community, exposing them to an investigation where none is needed.
The BPN ask of the Honorable Council to think twice if it wants to subject the persons involved in the Holy Union ceremony to an investigation. The MCC never claimed the ceremony to be a marriage under the law so why is there a need to investigate? It is the claim of Honorable Bilog that it is needed in order to determine whether or not a
marriage, in the legal sense was conducted or a Holy Union. The MCC and the BPN insists that the “Holy Union” is a religious rite and should not be trampled upon by an investigation. The LGBTs in this issue calls on the City Council for
equal protection of all its citizens under the law. The persons involved have not violated any law in the conduct of the ceremony so why conduct an investigation at all?
b. Approving the proposed resolutions is a violation of the Equal Protection Clause of the Philippine Constitution and the International Covenant on Civil and Political Rights (ICCPR)to which the Republic of the Philippines is a signatory
Article 2, par. 1, ICCPR
“Each State Party to the present Covenant undertakes to respect and to ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the present Covenant, without distinction of any kind, such as
race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
Article 26, ICCPR
“All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection
against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”
In the above-cited articles, “sex” was established to include “sexual orientation” (Toonen vs. Australia, 1994, Human Rights Committee decision)
Under the covenant and the decision in the Toonen case, the Human Rights Committee of the United Nations declared that Human Rights Law prohibits discrimination based on sexual orientation.
The proposed resolutions of denouncing and prohibiting the conduct of same sex unions in the City and for the NBI and the BCPO to conduct an investigation regarding the same sex union ceremony are very alarming indicia of homophobia in the City, whose passage will definitely violate human rights of the LGBTs in the City.
III. MISCELLANEOUS ISSUES:
It was noted by the LGBT people present during the City Council’s Monday Session that pictures of same sex
couples kissing after the Holy Union were enlarged and were being shown to the Council and the Public at large. It was vividly explained by the members of the ecumenical community that they did not want such pictures in newspapers for it trudges on their sensibilities as Christians. However they find such pictures is no business of ours but they are barking at the wrong tree here. Neither the BPN nor the MCC had caused the printing and publication of these pictures in the newspapers; neither do they have power to censor the media.
The MCC was also accused of purposely soliciting media coverage for the event. This is not the case at all, the MCC and the Baguio Pride Network solicits media coverage in all Baguio Pride Activities, not just the Holy Union. When we conduct “Libreng Gupit”, we invite the media, during the Baguio Pride Parade on the 26th of June 2011, we also invited the media. Hence, the accusation that the solicitation of the media was purposely made for that particular event is but a falsity.
As to the claim of Atty. Bangsoy that the Holy Union ceremony was a “carefully crafted political statement” followed by a rally pushing for the passage of House Bill 1483. We don’t know where his facts came from.
The Baguio Pride Network would like to reiterate the following facts:
1. The BPN conducts an ANNUAL Pride celebration in the City of Baguio every June;
2. The month-long celebration includes activities by member organizations/groups/individuals; herein includes libreng gupit, educational forums on LGBT issues and concerns, tree planting/cleaning of Pride Park at the Busol Water Shed, MCC religious services, fund raising activities and lastly, the Pride Parade;
The Holy Union ceremony conducted by the MCC is part of the Baguio Pride Celebration, so was the Pride Parade, there was no rally to talk about here. We conduct our Baguio Pride Celebration every year in the month of June, in commemoration with the Stone Wall Riot in New York City.
While it is true that the BPN supports the passage of House Bill 1483 (Anti Discrimination Bill), it cannot be said
that the whole 2011 pride event is about the house bill. It is ridiculous and far fetched to conclude that. The Baguio Pride Network had annually celebrated Baguio Pride for 5 years now.
The LGBT community, through the Baguio Pride Network respectfully asks of the Honorable City Council to abandon the resolutions forwarded by Honorable Councilors Weygan and Bilog for the reasons discussed above.
SIGNED:
LESBOND
MCC-MB
TACSI
PROGAY-MB
INNABUYOG-GABRIELA
CWEARC
Copy Furnished:
Vice Mayor D. Farinas
Councilor Pinky Chan-Rondez
Councilor Betty Lourdes Tabanda
Councilor P. Cosalan
Councilor P. Weygan
Councilor E. Balajadia
Councilor E. Bilog
Councilor D. Carino
Councilor N. Aliping
Councilor F. Bagbagen
Councilor J. Alangsab
Councilor P. Fianza
Councilor E. Datuin