LGBT Issues (Same Sex Marriage and Discrimination) in the point of view of Americans, Africans, Asians - particularly Filipinos.

1. L.G.B.T ISSUES
SAME SEX MARRIAGE & DISCRIMINATION

2. WHAT IS L.G.B.T.?
L.G.B.T. is an initialism that stands for :
- lesbian
- gay
- bisexual
- transgender
LGBT is the replacement of the term “gay community” since felt the term gay
community did not accurately represent all those to whom it referred.

3. OTHER VARIANTS OF THE TERM LGBT
 LGBTQ (Lesbian, Gay, Bisexual, Transgender & Queer)
*Queer- those questioning their sexual identity
 LGBTI (Lesbian, Gay, Bisexual, Transgender & Intersex)
 LGBTIH (Lesbian, Gay, Bisexual, Transgender, Intersex & Hijra)

6. GAY MARRIAGE GAINS AS U.S. ATTITUDES
CHANGE
• In 2012 Pew Research Center polling found slightly
more support for same-sex marriage (48%) than
opposition to it (43%). The public has gradually
become more supportive of granting legal recognition
to same-sex marriages over the past decade.

11. HOW ABOUT KOREA?
SAME-SEX MARRIAGE CASE IN KOREA

12. The first public gay marriage was on
March 7, 2004.
Movie director and producer Kim-Jho
Gwang-soo received much media
attention for tying the knot with Kim
Seung-hwan, the head of the gay film
distributor Rainbow Factory in
September 2013.
SAME SEX MARRIAGE

13. ARE FILIPINOS READY FOR
SAME-SEX MARRIAGE?
SAME-SEX MARRIAGE IN THE PHILIPPINE CONTEXT

18. WHY RUSSIA IS LEAST FRIENDLY TO THE L.G.B.T. COMMUNITY
-Nearly three-quarters of Russians believe that homosexuality is morally unacceptable.
-They disapprove of the LGBT community more than other hot issues such as extramarital
affairs, gambling and abortion
72% of Russians say being homosexual is unacceptable
69 percent of Russians say extramarital affairs are unacceptable
62 percent disapprove of gambling
44 percent say abortion is immoral

19. The Russian Orthodox Church is a major driver of anti-gay
public opinion
. The head of the Russian Orthodox Church, Patriarch Kirill I,
said that gay marriage is a "very dangerous apocalyptic
symptom." And church leaders regularly link homosexuality
with pedophilia.

20. IN JUNE OF 2013, RUSSIAN PRESIDENT VLADIMIR PUTIN PASSED
A LAW BANNING ANYTHING CONSIDERED PRO-GAY, SUCH AS
GAY-AFFIRMATIVE SPEECH, MEMBERS OF THE SAME SEX
HOLDING HANDS, AND EVEN RAINBOWS - THE NATIONAL
SYMBOL OF GAY RIGHTS
WITH THE RECENTLY CONCLUDED SOCHI WINTER OLYMPICS IN
RUSSIA, PEOPLE HAVE BEGUN TO PROTEST RUSSIA’S ANTI-GAY
STANCE.

21. President Obama said, “I have no patience for countries that try to
treat gays or lesbians or transgender persons in a way that intimidates
them or are harmful to them. I think Putin and Russia have a big mistake
in making sure the Olympics work and they understand that most of the
countries that participate in the Olympics, we wouldn’t tolerate gays and
lesbians being treated differently.”
Other people don’t want Russia to hold the 2018 world cup since
prejudice directly violates principle 6 of the Olympic charter:
“ANY FORM OF DISCRIMINATION WITH REGARD TO A COUNTRY OF A
PERSON ON GROUNDS OF RACE, RELIGION, POLITICS, GENDER, OR
OTHERWISE IS INCOMPATIBLE WITH BELONGING TO THE OLYMPIC
MOVEMENT.”

24. “MADE GAY SEX ILLEGAL AGAIN IN INDIA”
• Supreme Court reversed the July 2009 ruling of the Delhi High Court decriminalizing gay sex
between consenting adults in private
• Section 377 of the Indian Penal Code (IPC), of the Indian constitution is a
descendant of an archaic law from the colonial British rule, which described
homosexual acts as “unnatural”. It was incorporated into the IPC in
1860. The section reads: “377. Unnatural offences — Whoever
voluntarily has carnal intercourse against the order of
nature with any man, woman or animal, shall be
punished with imprisonment for life, or with
imprisonment of either description for a term which may
extend to ten years, and shall also be liable to fine.”

25. • Gay rights activists argue that section 377 violates articles 14, 15, 19 and 21
of the Indian constitution, which guarantee equality, freedom of expression
and personal liberty to all its citizens..

27. ACT GAY MARRIAGE LAW IS RULED INVALID BY HIGH COURT OF
AUSTRALIA
• The High Court unanimously ruled that the ACT's laws were inconsistent with the Federal Marriage Act, and
were therefore unconstitutional.
• Craig Berry and his partner Ulises Garcia, who were among the 31 couples who tied the knot a week before the
ruling, was saddened because just after five days, their marriage was annulled/considered invalid
• "We're sad, but as far as I'm concerned my love for Uli hasn't changed, we're still married as far as
we're concerned. We have the certificate and we're not letting go of that and we're not letting go of the special
day we had on Saturday. I'll still call Uli my husband. All of my friends as far as they're concerned we're married.
We're no different to them.
‘To take advantage of that opportunity that we had to get married and to, at least for those five days, to
be recognized for what we are two people in love who want to spend our lives together, It was five days but
it was a wonderful five days……”

28. • The court said the federal parliament had the power under the constitution to legislate on
same-sex marriage and the federal Marriage Act was a “comprehensive and exhaustive
statement of the law of marriage”.
• The court held that the object of the ACT act is to provide for marriage equality for same-sex
couples and not for some form of legally recognized relationship which is relevantly different
from the relationship of marriage which the federal law provides for and recognizes

30. THE STATUS OF L.G.B.T IN AFRICA

35. L.G.B.T. ISSUES
THE KOREAN CONTEXT

36. LEGAL BASIS OF L.G.B.T
• Male and female same-sex sexual activity is legal in South Korea
• Homosexuality in South Korea is not specifically mentioned in
either the South Korean Constitution or in the Civil Penal Code.
• “No individual is to be discriminated against on the basis of his or
her sexual orientation.”

37. LEGAL BASIS OF L.G.B.T
• Article 92 of the Military Penal Code, which is currently under a legal
challenge, singles out sexual relations between members of the same sex
as "sexual harassment", punishable by a maximum of one year in prison.
• The Military Penal Code does not make a distinction between consensual
and non-consensual crimes and names consensual intercourse between
homosexual adults as “reciprocal rape”.

39. Iban-in Ilban-in

40. MILITARY SERVICE
Homosexual military members in active duty are categorized as having a
"personality disorder" or "behavioral disability" and can either be
institutionalized or dishonorably discharged, although this was recently
ruled illegal by a military court.
many South Korean companies will request a complete military service
profile at the time of a job application.

41. TRANSGENDER RIGHTS
The Supreme Court of South Korea has ruled that in order for a
person to be eligible for a sex-change operation they must be
over 20 years of age, single and without children.
On June 22, 2006 however, the Supreme Court ruled that
transgender individuals who had undergone successful gender
reassignment surgery have the right to declare themselves in
their new gender in all legal documents.

42. L.G.B.T HUMAN RIGHTS ORGANIZATIONS
• Chingusai— Korean Gay Men’s Human Rights Group
• Kirikiri— Korean Lesbian Counseling Center
• Sexual Politics Committee in the New Progressive Party
• Sexual Minority Committee in the Unified Progressive Party
• Korean Sexual Minority Culture and Rights Center
• Solidarity for LGBT Human Rights of Korea
• Korean Sexual Minority Culture and Rights Center
• Lesbian and Gay Alliance Against Discrimination in Korea

43. DISCRIMINATION PROTECTIONS
• On October 31, the Department of Justice informally decided to remove seven clauses
related to sexual orientation.
• Upon hearing the news, activists held an emergency session on the same day to form
“An Urgent Action Counteracting the Anti-Discrimination Act and Homophobia.”
• In 2013, more than 50 members of the Democratic Party introduced a motion to include
sexual orientation in the Anti-Discrimination Act, but later withdrew the motion due to
attacks from the conservative religious community.

44. L.G.B.T. ISSUES
THE PHILIPPINE CONTEXT

45. LGBT STATUS QUO
• have a distinctive culture but limited legal rights and still
experience discrimination
• However, the society gradually accepts the LGBT community

46. LGBT DISCRIMINATION
POLITICS
Ang Ladlad Partylist
• Disqualified by COMELEC from running in the
2007 general elections because they don’t have
nationwide membership
• in 2009, COMELEC again refused the party’s
petition to run in the 2010 elections because of
“advocating immoral doctrines.”
• However, on April 8, 2010 the Supreme Court
allowed them to participate in May 2010 elections

47. LGBT DISCRIMINATION
SOCIETY
• In the 2012 report of Human Rights Violations on the Basis of Sexual
Orientation, Gender Identity, and Homosexuality in the Philippines by the
International Gay and Lesbian Human Rights Commission (IGLHRC), it was
found that “the State also fails to address the overwhelming amount of hate
crimes and murders of LGBT individuals in the Philippines and the number of
hate crimes against LGBT people in the Philippines is increasing.”

51. LGBT DISCRIMINATION
SOCIETY
• Police raids on LGBT venues occur regularly and without warrants.
• PNOY removed sexual orientation as a protected category from a
congressional bill on sexual and reproductive health after Congress attempted
to include it
• Philippines also intends to pass legislation that will make changing one’s first
name and sex on a birth certificate illegal for transsexual and intersex
individuals
• The State has also been responsible for inciting homophobia

53. LGBT MOVEMENTS
• Pride March
-an annual event that highlights the successes and the challenges the
community has achieved in the past year
-first Pride Parade was held on June 26, 1994 at the Quezon Memorial Circle
initiated by Rev. Fr. Richard Mickley, an American pastor of the Metropolitan
Community Church with the support of PROGAY Philippines
-was organized just a few years after students organized the UP Babaylan group

57. ANTI-LGBT DISCRIMINATION BILL (HOUSE BILL 110 )
• a bill seeking to ban discrimination against gays and lesbians
• Re-filed by Akbayan Party-list Rep, and Dinagat Islands Rep.
Arlene “Kaka” Bag-ao in the 16th Congress

58. ANTI-LGBT DISCRIMINATION BILL (HOUSE BILL 110 )
The act imposes fines and jail time for discrimination against LGBT's in the following incidents:
1. deny access to public service, including military service, to any person on the basis of sexual orientation
and/ or gender identity;
2. include sexual orientation and gender identity, as well as the disclosure of sexual orientation, in the
criteria of hiring, promotion and dismissal of workers, and in the determination of employee
compensation, training, incentives, privileges, benefits or allowances and other terms and conditions of
employment;
3. refuse admission or expel a person from educational institutions on the basis of sexual orientation and
gender identity;
4. refuse or revoke the accreditation, formal recognition, and or registration of any organization, group,
political party, institution or establishment solely on the basis of sexual orientation;

59. ANTI-LGBT DISCRIMINATION BILL (HOUSE BILL 110 )
5. deny a person access to medical and other health services open to the general public;
6. deny a person access to or the use of establishments, facilities, utilities or services including housing,
open to the general public;
7. subject or force any person to any medical or psychological examination to determine and/or alter the
person's sexual orientation;
8. harassment by members of institutions involved in the enforcement of law and the protection of rights,
such as the PNP and AFP.
Penalties: fine of not less that P100,000 but not exceeding P500,000 or imprisonment of not less than one year
but not more than six years or both

60. SOCIETY ACCEPTING THE LGBT COMMUNITY
• LGBT community in the country is gaining visibility
through media
• Jhane dela Cruz, a transgender, was elected barangay
captain of Iba in Hagonoy, Bulacan

61. I AM POGAY & THAT’S MY TOMBOY