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May 25
Home Features Pinoy LGBT Opinions The crown no queen would want

The crown no queen would want

lgbt 526A number of Filipinos are excitedly awaiting the Senate trial of the impeachment of Supreme Court Chief Justice Renato Corona. Much of this excitement is from the desire for someone who others see as a person who styles himself as king to be brought back to the ground and be as accountable to his crimes as anybody else.


Why should LGBTs support the removal of Corona from the Supreme Court? Is there a need for us to sacrifice a few rampa moments to follow the trial in the Senate? What’s in the impeachment trial for the bekis other than the sure brilliant snaps of Sen. Miriam Santiago and the much-awaited fashion statements of Sens. Pia Cayetano and Loren Legarda? Is there anything worth watching out for other than handsome congressmen Sherwin Tugna, Miro Quimbo, and Sonny Angara? We should not just simply watch how this unfolds. We have very good reasons why we should also be in the front line, along with those who loudly screams for the removal of Corona from the Supreme Court.

 

Transphobia

In the case of Silverio vs. Republic of the Philippines, it was Corona who presented that sex at birth is immutable and that Silverio’s femaleness is physician-supplied.  Atty. Venir Turla Cuyco, founding president of UP Babaylan, said in his blog Debating the immutability of sex: The case of Silverio v. Republic of the Philippines, that the Court failed to recognize that one does not undergo sex reassignment, extensive psychiatric and psychological evaluatio on a whim therefore, there is a medical necessity for it. But whether the reassignment was “medically” necessary, Corona already displayed and institutionalized his biases. When he could have, to be safe, stressed on the silence and insufficiency of our laws about sex reassignment, he went all the way by saying that sex at birth if not attended by error is immutable.  Atty. Cuyco had an interesting analogy of this point in the Justice’s ponencia:

 

“…In the law on evidence, should the testimony on a particular event given by a person who was deaf at birth, and who can now hear because of a cochlear implant or a similar medical intervention, be discredited because her ability to hear is “man-made?” Surely, the law does not look at how she was able to hear; it is only concerned that at the time the event took place, she was able to accurately perceive through her “man-made” sense of hearing.”

 

Corona also pointed out in the ponencia that granting Silverio’s petition will create chaos in laws of marriage and family relations (Family Code), the Labor Code on employment of women (nightwork prohibition, facilities for women, prohibition on discrimination and stipulation against marriage, among others), the Revised Penal Code (adultery, qualified seduction, simple seduction and acts of lasciviousness with the consent of the offended party and on forcible and consented abduction, among others). I just cannot understand why there should be any legal and public policy consequences if transsexuals are to be legally female. Oh yeah, unless the civil registry puts she’s really a dude beside the entry female. Yeah, that should create a lot of chaos, I suppose.

I almost forgot to mention that he introduced his ponencia with the Genesis story of God creating male and female to His likeness, and the legend of Malakas and Maganda coming out from a cracked bamboo. Thus, the Justice’s intention for including this is very clear: he wants to point out that God as a bamboo is immutable.

 

Ang Ladlad

When the Supreme Court granted the petition of Ang Ladlad to be given party-list accreditation, it was only then Associate Justice Corona who made a dissenting opinion.  He pointed out that while Ang Ladlad may prove that the LGBT community is underrepresented, “it cannot be considered marginalized under the Party-list system” nor does it establish a strong connection to the sectors enumerated in the Party-list system. The Supreme Court has already ruled that this enumeration is not exclusive.

Corona also said that Ang Ladlad must represent a sector whose interests are regarded as vital to national interest. I cannot see how equality and non –discrimination are not vital to national interest.  He also added that “the party-list system was not designed as a tool to advocate tolerance and acceptance of any and all socially misunderstood sectors. Rather, it is a platform for the realization of the aspirations of marginalized sectors whose interests are, by nature and history, also the nation’s but which interests have not been sufficiently brought to public attention because of these sectors’ underrepresentation.”  The Justice is practically saying here that Ang Ladlad does not know what the Party-list system is all about.

Certainly, in my opinion, a homophobe in toga.

 

Backed by Neanderthals

Perhaps it is also important to note that the Chief Justice, as he faces the trial proceedings in the Senate, is backed by no less than Arch. Oscar Cruz. Yes, the same person who opposes Reproductive Health Bill, along with so many from the CBCP, because of their belief that the bill will eventually lead to the passage of other bills like divorce and same-sex marriage.  From what he said, it’s like opening a can of worms and same-sex marriage is one of the worms. Thus, if you find yourself on the same side as Corona who is backed by a Neanderthal, then you’re on the side of darkness.

We have very good reasons why we should not allow Corona to stay in the highest judicial seat of the country. While homophobia is not an article in the impeachment complaint, Philippines will be better off without him as Chief Justice. As a collective, let us make sure that we take part in this democratic process by making our voices heard. Corona can have his name but never the throne!

 

 


Photo provided by the author. Some rights reserved.

 



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