Pia: Comelec commissioner's gay joke 'uncalled for'

Senator Pia S. Cayetano today joined the growing clamor for the Commission on Elections (Comelec) to overturn its earlier decision denying the petition for accreditation of the gay rights organization, "Ang Ladlad," on grounds of immorality.

"The reason used by Comelec to justify the disqualification of 'Ang Ladlad' is unconstitutional; it violates the principle of separation of Church and State," said Cayetano, Chairperson of the Senate Committee on Social Justice.

"Comelec has jurisdiction to approve or disapprove accreditation of a party-list, but the poll body must base its ruling on legal principles and not on religious beliefs nor on its subjective view of what is moral and what is not."

The lady senator also took issue with Commissioner Nicodemo Ferrer, the ponente of the decision, for joking before reporters that Ang Ladlad was 'overrepresented' since there are already many gays and lesbians in Congress.

"That remark, even if made in jest, is unnecessary and uncalled for. It only affirms his deep-seated prejudice against homosexuals which was reflected in the controversial decision of the Comelec's second division."

Cayetano, a lawyer, said the party-list act (RA 7941) lists several grounds for disqualification of a party, but one's homosexuality or perceived immorality, is clearly not among them, to wit (Sec.6, RA 7941):

• It is a religious sect or denomination, organization or association organized for religious purposes; 

• It advocates violence or unlawful means to seek its goal;

• It is a foreign party or organization;

• It is receiving support from any foreign government, foreign political party, foundation, organization, whether directly or through any of its officers or members or indirectly through third parties for partisan election purposes;

• It violates or fails to comply with laws, rules or regulations relating to elections;

• It declares untruthful statements in its petition;

• It has ceased to exist for at least one (1) year; or

• It fails to participate in the last two (2) preceding elections or fails to obtain at least two percentum (2%) of the votes cast under the party-list system in the two (2) preceding elections for the constituency in which it has registered.

"Instead of continuously isolating groups like Ang Ladlad, the poll body should go to the lengths of encouraging the participation of the most diverse possible mix of interest groups and marginalized sectors in the parliamentary arena. These include gays and lesbians, who are among the most productive and creative sectors of our society, and who for decades, have been victims of various forms of discrimination."