Rainbow rights derailed
SOMETHING happened on the way to Myanmar because PRRD (President Rodrigo Roa Duterte) did a turnaround in his opinion about samesex marriage.
During his campaign period, PRRD was open to having marriage equality in the country and so many Filipino LGBTs (lesbian, gay, bisexual, transgender) voted for him because of his views on the issue.
But in Myanmar, PRRD expressed aversion to same-sex marriage and even cited the Philippine Civil Code which says that marriage is only between a man and a woman.
Danton Remoto, chair of “Ang Ladlad” has expressed confusion about PRRD’s remarks. Being a consistent visitor of Davao City for quite some time, Remoto notes that PRRD’s reign in the city has brought notable LGBT programs and even showed encouragement for same-sex unions. So what happened in Myanmar?
But why the marriage? Well, this is not only about love between two people but legitimizing a union. Here are several pros as expressed by several LGBT groups in the Philippines and abroad.
1. Equal access to benefits If an LGBT union is legitimized, they can have access to all of the marital benefits as straight couples. This will include inclusion in health and social insurances (PhilHealth and SSS), enjoy tax breaks, avail of protection under the law, and adopt or have children. If the union is legalized, the couple can also own property under joint ownership if accrued during the marriage.
2. Maintain Openness If an LGBT union is legitimized, the couple does not have to sneak around and hide the relationship. The secrecy can take its toll on each person or strain a relationship.
3. Minimize Discrimination If an LGBT couple is allowed to marry, it removes the stigma that they are abnormal, unacceptable, or “lower life forms.” Marriage also creates a legal “participation” (for lack of a better term) when a partner has a debilitating illness or dies. If this happens to an unmarried couple, some partners take the sideline in decision-making and leave it to the “blood” relative (even if twice removed) .
In 2013, UNDP-Usaid (United Nations Development ProgrammeUnited States Agency for International Development) released a country report about the LGBTs in the Philippines. The review that focused on the legal and social environment for the LGBTs and civil society noted that “the Philippines is signatory to various international covenants promoting human rights.”
These covenants include the following: ICESR (International Covenant on Economic, Social, and Cultural Rights, ICCPR (International Covenant on Civil and Political Rights), CERD (Convention on the Elimination of all forms of Racial Discrimination), CEDAW (Convention of the Elimination of Discrimination against Women), CAT (Convention against Torture), UNCRC (United Nations Convention on the Rights of the Child).
ICMRW (International Convention on the Rights of all Migrant Workers and Members of their families), and the CRPD (Convention on the Rights of the Persons with Disabilities. However, the state “did not support the June 2011 Joint Statement at the UN Human Rights Council urging states to end violence, criminal sanctions, and human rights violations based on the SOGI” (Sexual Orientation and Gender Identity), Thus, the report concludes that LGBT people are not always supported by the state.
Though the LGBT community feels slapped in the face by the flip flopping statements of PRRD, the House of Representatives is drafting a bill that will allow “civil union” not “m ar r i age.”
If passed, this will accord the LGBT couples the “same rights as straight partners”. Though it is obvious that the Roman Catholic Church will not approve of this, it will entitle LGBT couples civil rights enjoyed by common-law partners.
Let’s see and hope.