HOMOSEXUALITY and the LAW A new song of the acclaimed Filipino rapper, Gloc9, is filling the airwaves lately.

It is entitled Sirena (Mermaid). The same term is Tagalog slang for male homosexuals. It captures the narrative of a battered child growing up in a male chauvinistic society, wearing his mothers clothes, falling for a man, being dunked in a drum filled with water and his story ends with him being left to take care of his ailing father. A lot of songs were heard about homosexuality but what makes this song special that for anyone who happens to hear it would say, brilliant!, honest! and the likes, it is because the song has a nagging effect and hits right through your core. This is not just a simple narrative of gays, but a narrative of violence and gays. The issue on homosexuality has received much attention over past few decades. The timing is very aptly since this is one of the most debated issues be it ethically or legally. As much we live in a civil society upholding democratic and human rights, it is a reality that the same society where we live in is teeming with violence and oppression. Sadly, homosexuals continue to be the victims of this violence and oppression because of inadequacy of perception. Section 1 of the Bill of Rights states, No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of law. The Constitution, therefore, provides equal protection for any person regardless of age, gender orientation, race or status. The State primarily has the duty to uphold and value the dignity of every human person. In the Philippines aside from the RH bill, another most talked about is the Anti-Discrimination bill. Senate Bill 2814, known as Anti-Ethnic, Racial or Religious Discrimination and Profiling Act of 2011, is said to ensure hopefully, if not together eliminate cases of discrimination, profiling, violence and forms of intolerance in the society. As stated in the declaration of policy of the said bill, Give the highest priority to the enactment of measures that protect and enhance the right of all people to human dignity; reduce social, economic, and political inequalities; and remove cultural inequities by equitably diffusing wealth and political power for the common good; and value the dignity of every human person and to guarantee full respect for human rights. Many laws have been passed already but why the need for another one? We already have Women in the Nations Development Act and also the Magna Carta of Women, AntiViolence against Women and Children Act, the Indigenous Peoples Rights Act, Magna Carta for Disabled Persons, and Anti-Sexual Harassment Act to name a few. We even adhere to international laws through international institutions such as the United Nations Human Rights Committee in the promotion of antidiscrimination provisions. Discrimination must be understood to imply any distinction, exclusion, restriction, or preference which is based on any ground such as sex, sexual orientation, gender identity, whether actual or perceived, and which has the purpose or effect of nullifying or impairing the recognition, enjoyment, or exercise by all persons of an equal footing of all rights and freedoms. Discrimination and social inequality, no matter how much we deny it, is very alive in our midst. The women, children, handicapped, indigenous people, lesbians, gays, bisexuals and transgenders (LGBTs) and other invisible minorities are being marginalized. The Judiciary plays a crucial role on the discourse of discrimination especially on LGBT rights. From a European Jurisprudence, the case of Grant v. the United Kingdom, the applicants birth certificate shows

that she is male. She served in the army and as a police officer at the age of 17, and at 24 she altogether gave up her male life and had a gender re-assignment. Since the age of 60, however her application was refused for being too early because shes entitled to the state pension for males at the age of 65. The Court decided that there is a violation of Article 8, the right to respect for private and family life. In the Philippines, the recent case of Aida Campos et al versus Judge Eliseo Campos. The respondent, Retired Judge Campos filed for declaration of nullity of marriage because of psychological incapacity. Campos alleged that he is a homosexual who could not be intimate with his wife unless he imagines himself with a man. The petitioner, Aida and their two children filed a complaint for a serious misconduct, immorality and dishonesty. The Court found him guilty of simple misconduct when he registered the piece of land to his minor son. But as to the other administrative case of immorality, the Court ruled that the admission of homosexuality does not make him automatically immoral. There are many other cases against discrimination of homosexuals. Many have the courage to fight for their rights but many also suffer in silence. The plight for anti-discrimination will not stop with the triumph of legislation. It will only become victorious when, we, people open our minds and respect our gay brothers and sisters as our equal. And just like the Sirena who amidst the most piercing circumstances, in the face of violence, has learned to endure suffering. May we be like the Sirena who can proudly say: Akoy isang sirena / kahit anong sabihin nila ako ay ubod ng ganda / akoy isang sirena / kahit anong gawin nila bandera koy di tutumba / ramdam ay tubig ang sinisisid / naglalakihang mga braso sakin dumidikdik / ramdam ang tubig na sinisisid / sa patagalan ng paghinga sakin kayo ay bibilib.