Homosexuals have the right to claim independence

What do I think about homosexuals? Do they qualify as a sector? What do we mean by a sector, by the way?

Justice Vitug, writing a dissenting opinion in Ang Bagong Bayani vs. Comelec, provided us with an answer. A sector, says Vitug, is a group of individuals sharing the same characteristics, interests or concerns. Of course, that group has to be big to be considered a sector.

Undeniably, homosexuals exist in our society. In fact, everyone considers them the “third sex.” Other countries already allow same sex marriages, an affirmation that these governments decided already that homosexuality is what we now know as “sexual orientation.”

The reason why I am writing about this now is simple—is there a basis for the state NOT to recognize a gay rights group such as Ang Ladlad as a partylist group?

Reviewing our laws, I find that there is sufficient legal basis, other than the ones cited by Comelec. In fact, morality or ethics has nothing to do with the failure of Ang Ladlad’s petition.

Firstly, is it a policy of the Philippine state to recognize the rights of  the homosexual or gay community? Yes. The government is mandated to preserve and pursue equal treatment of every citizen under a regime of democracy and law.

Now, we ask—is the State mandated to do that because it recognizes homosexuality as a third sexual orientation or preference? Not yet though. Under the Philippine jurisdiction, there are only two (2) recognized genders—the gender “male” and the other, “woman”. That’s why, in the Philippines, the government does not allow same-sex marriages. Or even allow companies to include the category “gay” or “lesbian” as one among sexual orientations or preferences.

Having said that, does it follow that the non-recognition of the gay or homosexual community as the third sexual preference or orientation, a sign of insensitivity or at least, a violation of one’s rights? Definitely yes. It is the inalienable right of an individual to chose what gender or sexual orientation he or she thinks he or she belongs to.

So, if its a right enshrined in the Constitution, why is it that the homosexual or gay community is having a very hard time convincing government to recognize them as a gender-based sector? The reason is, it conflicts with other existing social policy provisions of the 1987 Constitution, the basic charter. Government still thinks medieval, meaning, it treats homosexuality not on the basis of scientific inquiry; rather, on the purview of morality or “ethics”.

This perspective stems from using morality or ethic-tinted glasses than anything. Ethics, as we agree here, is not the issue. The issue is “rights”. Recognizing homosexuals or gay as gender should not be linked with morality or immorality or ethics or non-ethics.

Homosexuality is not just a lifestyle–it is sexual or gender preference or orientation, just like men being male and ladies being females. Is being “straight” a term meaning male or female? No. “Straight” means having just one preference to enjoy the company with the opposite sex. Being “gay” or “lesbian”, means prefering to enjoy the company of an individual belonging to the same gender category.

Congress, specifically, should be convinced to view homosexuality not as a lifestyle but rather a separate and independent gender category. Or, even a separate sexual orientation. That should be the case.

Now, the other thing which we need to resolve is how to redefine our traditional concept of “sex” and “gender”. Sex, for us, is copulation of individuals of different sexes. Gender, for us, means preference or sexual orientation. We need to change that.

Laws or our legal perspectives should necessarily reflect what is now considered social reality. Sex is not copulation anymore of individuals with differing sexes; sex is more of having enjoyment with individuals with differing sexual feelings OR with same sexual feelings. Men can have sex with other men and women can mate with women. That’s social reality.

So, is sex a mental state and gender based on science? No, it’s the other way around. Gender should be mental and sex, scientific. But, does it deter one from having a mental state of a female while having the male sexual gadget? No.

What Ang Ladlad has to do is be at the forefront of efforts to change the perception of society in terms of treating homosexuality as a separate gender or sexual orientation and push for this.