ACTIVISTS ISSUE POWERFUL LGBTI STATEMENT TO HUMAN RIGHTS COUNCIL: HUMAN RIGHTS VIOLATIONS MUST BE STOPPED!

On Friday 11 March, Kasha Jacqueline (from the Coalition of African Lesbians and Freedom and Roam Uganda) read a powerful collective statement about the experiences of LGBTI people around the globe. A team of activists at the Council, many of whom are in Geneva to focus on sexuality and gender-related issues, drafted the statement, which calls for an end to human rights abuses based on sexual orientation and gender identity.

Watch here! [Note: Will prompt download of video file.]

The statement has been endorsed by the following 28 NGOs:

Action Canada for Population and Development (Canada),AIDS-Free World (USA),ARC International (Canada / Switzerland), Asia Pacific Forum on Women, Law and Development (Thailand),Association of Women's Rights in Development (Canada/USA), BAOBAB (Nigeria), CARIFLAGS (Caribbean), Center for Women's Global Leadership (USA), Coalition Advocating for Inclusion of Sexual Orientation (Trinidad and Tobago), Coalition of African Lesbians (South Africa), COC (Netherlands), CREA (India), Freedom And Roam Uganda (Uganda), Icebreakers (Uganda),INFORM (Sri Lanka), Jamaica Forum for Lesbians, All Sexuals, and Gays (Jamaica),Minority Women in Action (Kenya), Queer Youth (Uganda), Red Lesbica Cattrachas (Honduras), Sexual Diversity Network (Thailand), Sexual Minorities Uganda (Uganda),Spectrum Initiative (Uganda), The Civil Society Coalition on Human Rights and Constitutional Law (Uganda), UNIBAM (Belize),UNITED and STRONG INC (St. Lucia), Women and Media Collective (Sri Lanka), Women’s Support Group (Sri Lanka), WON|ETHA (Uganda).

TEXT OF STATEMENT:

Human Rights Council

16th Session, 10 March, 2011

NGO Statement delivered under Item 3

Submitted by the Canadian HIV/AIDS Legal Network

(in consultative status with ECOSOC)

Delivered by Kasha Jacqueline

Thank you Mr. President.

I speak on behalf of the Canadian HIV/AIDS Legal Network, the Coalition of African Lesbians, and human rights NGOs representing and working with lesbian, gay, bi-sexual, transgender and intersex (or LGBTI) people from many regions.

We are concerned about a range of human rights violations facing LGBTI people, (and those who don’t conform to gender binaries) in both the Global South and North.These include the death penalty, targeted arrest and arbitrary detention, torture, criminalization laws and cruel, inhuman and degrading treatment as a result of state sanctions that legitimize violence, homophobia and transphobia.

State perpetrators such as police, government and law enforcement officials, and those in the judicial system, further abuse our fundamental rights and freedoms and deny our access to justice. We are stigmatized, threatened and killed both through the death penalty and in extrajudicial attacks. Daily, we face sexual and other forms of violence, harassment, extortion, forced evictions, and denial of civil, social and familial rights. We are denied access to health care and economic opportunities, and we struggle against discrimination in employment, housing, education and in migration policies.

Non state actors, who include members of families, communities, and religious and cultural institutions also violate our rights. We, lesbians and transgender people are subjected to rape, with the intention to “cure” us, as if we have a disease.

The Secretary General has said at the Human Rights Council:

"We must reject persecution of people because of their sexual orientation or gender identity, who may be arrested, detained or executed for being lesbian, gay, bisexual or transgender. I understand that sexual orientation and gender identity raise sensitive cultural issues. But cultural practice cannot justify any violation of human rights. When our fellow humans are persecuted because of their sexual orientation or gender identity, we must speak out. Human rights are human rights everywhere, for everyone.”

States and the UN system must not regard these violations as less important than and separate from other concerns. LGBTI experience is directly linked to poverty, HIV and other health issues, denial of women’s rights and children’s rights, and access to economic development. These issues cannot be separated from one another. To do so makes it impossible to effectively address any of them.

We call on states to recognize the dignity of LGBTI and gender non-conforming people through repealing laws that criminalize same sex behavior, investigating and punishing perpetrators of violations and supporting the current related Joint Statement. I close in dedicating this moment to all LGBTI people who have been victims of Human Rights violations.

Thank you.

--------

Source: Sass Rogando Sasot

UP Babaylan Presses for LGBT Inclusive School Policies

U.P. Babaylan, the oldest LGBT students rights and support group formed in August 1992 and the first organization of its kind to be accorded University recognition, pressed the university administration to explicitly provide for non-discrimination based on sexual orientation and gender identities (SOGI) in the university. According to the group, the absence of non-discrimination based on SOGI in university policies result in unequal treatment and various forms of discrimination experienced by LGBT students.

This call came in the wake of the experience of Ms. Hender Gercio, a self-identifying transgender student in the university and a member of U.P. Babaylan. In one of her classes, Ms. Gercio asserted her preference to be called in the pronoun corresponding to her transgender identity which one her teachers denied. When Ms. Hercio lodged the case with the involved department, she was informed that there are no existing university rules covering transgenders.

‘We are convinced that the case of Hender brought to light the necessity to further raise awareness on the issues related to sexual orientation and gender identities. It also surfaced the fact that the University has no explicit policy on non-discrimination. The experience of Hender is not an isolated case. Other LGBT students go through the same experience but are afraid to share their stories precisely because UP has no policies on non-discrimination’ according to Michael Singson, head of UP Babaylan.

Meanwhile, Ms. Gercio said “I am just a girl who wants to study in peace. I hope that this discussion will result in non-discriminatory and gender sensitive policies in the university to protect people like me.”

To shed light on the issues related to sexual orientation and gender identities (SOGI), UP Babaylan and its alumni organization Babaylanes, Inc. initiated the “Rainbow Policies: A Discussion on Gender Sensitive Policies in U.P. Diliman” today, March 11, 2011 at the Recto Hall of the Faculty Center of the state university.

The roundtable discussion aims to raise the awareness of the UP community on issues around sexual orientations and gender identities (SOGI) specifically on transgender concepts, issues and concerns. The discussion also aims to explore the existing UP Diliman policies on non-discrimination based on sexual orientation and gender identities.

The roundtable discussion brought together various experts on LGBT and human rights issues. Transgenderism was also discussed from the perspectives of psychology, history and culture, and human rights.

Speakers at the event were Dr. J. Neil Garcia, author of various books on LGBT including the pioneering work “Philippine Gay Culture: The Last Thirty Years”; Eric Julian Manalastas from the UP Department of Psychology; Ms. Naomi Fontanos, Chairwoman of the Society of Transsexual Women of the Philippines (STRAP) and STRAP’s Vice Chairperson and former Pinoy Big Brother participant Rica Paras; UP College of Law Instructor and UP Institute of Human Rights Director Atty. Ibarra Guiterrez; Dr. Sylvia Estrada Claudio of the U.P. Center for Women’s Studies, and former Akbayan representative Ms. Risa Hontiveros.

Rainbow Policies: A Discussion on Gender Sensitive Policies in UP Diliman

CBCP on Homosexuality

"To be able to call on the people to embrace our homosexual brothers and sisters, we must understand that his/her being is but composed of desires and attractions which they may not necessarily act on to but are inseparable and has an inextricable link to the identity."

Below is an article by Eva Callueng (Punong-Babaylan, 2004-2005) from The Philippine Online Chronicles regarding CBCP's recently launched book entitled "Homosexuality and the Catholic Church"

-------------------------------------------

CBCP on Homosexuality

by Eva Callueng

Alas, the Catholic Bishops’ Conference of the Philippines has stipulated in writing their stand on homosexuality as they recently launched the bookentitled Homosexuality and the Catholic Church. Due to its title, the book has received numbers of reactions that are in sum challenging the idea of dichotomizing the identity and the acts.

LGBT groups in the country have come up with their positions allowing more points of agreements as the church opens a space for discussions and deliberations. Due to this, more and more people, at least, are encouraged to grab the opportunity of speaking up while willing ears are ready to not just hear but listen.

An inextricable link

If I claim I’m lesbian and celibate, it doesn’t hurt anyone, but if someone claims being lesbian or gay is okay but their engagement in homosexual acts is evil, it's unkind. The notion that to be homosexual and not acting on it or taking out one’s desires can be separated from each other removes some intrinsic elements crucial to the identity that are then considered core to its being.

For instance, a homosexual person is defined as someone who is physically, emotionally, romantically, sexually attracted to the members of the same sex. If attraction is then removed in the context, that being can not be called a homosexual being. How can one then be called a homosexual if the basic element in the identification of his/her sexual identity has ceased to exist?

In the same vein, as to cultural identity, one may identify his or herself by virtue of self-ascription and ascription by others as someone belonging to a certain indigenous group because of blood relations and not participating in activities that are binding to the group at the same time. In that case, the being’s non-participation in activities and rituals recognizing the group may not nullify his being an indigenous person as his bloodline defines the former.

A homosexual, on the other hand, though he does not engage in homosexual acts, still is one by the virtue of self-identification with which desires and attraction are ever present. Desires and attraction become the intension of the concept, an essential property that is a necessary and sufficient condition to define homosexuality. Meaning, to be able to call on the people to embrace our homosexual brothers and sisters, we must understand that his/her being is composed of desires and attractions, which they may not necessarily act on but which are inseparable and have an inextricable link to the identity.

To be celibate and to celebrate

It is of no doubt that some homosexuals may live the "ideal" life espoused by the church regarding celibacy. They may surely not act on their desires, to choose to be celibate. In the same manner like priests and nuns had vowed to adhere to the call, anyone can choose to make that vow but not all homosexual peoplev will. It isn’t necessary and more so, it’s not a prerequisite like that for the members of the clergy.

To use simple terms, homosexuals are not priests and nuns (though they can become priests and nuns) to make that vow of celibacy, and not all of our homosexual brothers and sisters will be given the grace for the vocation. While some of us may choose celibacy as their way of life, it is high time to understand that the rest of the members choose to celebrate their identity with their loved ones as heterosexual people do and there should be nothing wrong or evil with that.

Being intimate with someone, they say, is one of the happiest celebrations people do. It’s the moment when one exposes himself or herself naked because of the unconditional acceptance received from the other. This celebration of two souls is near perfect as they unify as one in love. However, this unification is only intended for two souls as defined by the hierarchy and any celebration beyond what is told is unacceptable, null, and ultimately not the work of God but of evil’s.

Desires can be re-channeled, passion may be put to stop, attractions are not real and may be cured through reparative therapy. That same discourse was heard decades ago and this in fact did not offer a new argument on the issue of homosexuality for it falls into the same trap of logic, “Love the sinners and hate the sin”, “Homosexuality is okay but homosexual acts are evil.” This, in turn, encourages all of us to come out and identify ourselves, and probably make a vow of celibacy and keep or cure our inner desires.

I and me, I and my

Coming out is not easy as ABC especially in the kind of society that we have. The many assumptions that we have about what is right, wrong, good or bad, black and white have led us to the [dis]belief that we were given the free will to live our lives, for we continue to live in the shadows of those we assign to a better position in understanding the things around us.

To believe that I, me, and my can be separated like the way we separate pagans from non-pagans may be false. For we all know, we all are pagans assuming and pretending to be listening to the words of God, without question. Aristotle’s tripartite nature is inseparable, one cannot exist without the other like the Yin and the Yang. Similarly, like what some philosophers say, a thing cannot be true until they are true in thought, word, and deed.

I cannot be separated from me and my and vice versa. To say that you love a person but despise his or her acts is a violation of the principle of non-contradiction. You either love or hate him and to half-love and half-hate him is absurd. When we claimed that homosexuality is okay and that homosexuals ought to be treated with love, it is the same as embracing his or her nature in totality, celibate or not.

Like in real love, you can love me, hate me and then love me again but never love and hate me at the same time in the same respect. And last, when one identifies herself as homosexual, she understands that her claim is in reference to her totality and not just simply parts of her complex being.

No one can surely be half-saint or half-homosexual.

Source: View the article here.

TRANS 101 : Basisc in Gender Identity and Human Rights

UP Babaylan has again reinforced its ties with national gender advocacy group Society of Transsexual Women of the Philippines (STRAP). UP Babaylan Alumna Naomi Fontanos, conducted the reinforcement of theories lecture for the current members of the organization. This is in line with the organization's continued efforts of having congruent theories in all of its campaigns. We congratulate the members for having successfully attended the lecture and updating its committed stand on current international conventions on human rights. We would also like to thank STRAP for not hesitating to further educate student advocacy groups, which are vital to the success of the campaign for Gender Equality. If you wish to learn more about issues that involve transsexual women in the Philippines, you may get in touch with Strap here.

Below is an excerpt from the article published by the Philippine Collegian.

___________________________________________

Turning Point: Pink propaganda

(This article was published in print in issue 27 of the Philippine Collegian on 04 March 2011.)

by Gino N. Chang

“It is okay to be homosexual, just don’t practice it.” I cannot remember who said this, but I am sure I want to put a dent on his head.

A professor claimed that the Church accepts homosexuality now. I raised my eyebrows. Centuries of pointless conservatism and religious bigotry gone in a snap? Dubious, and later I found out that I had sufficient reason to be. He said the Church now tolerates same sex relationships, as long as the couples do not engage in intercourse.

The lack of logic was as glaring as the meaning was obvious in the word itself. Homosexuality has the greek word “homos,” meaning “same.” Thus, homosexuality connotes sexual attraction or romantic involvement among members of the same sex.

It was actually very easy to understand, in terms of gist and if you set aside the wide spectrum of the LGBT for the sake of explanation. Romantic involvement is not the teenage chick flicks or the cartoon couples you watch in Disney. What did you expect, just tweetums, smacks, pleasant, general patronage scenes and nothing else?

To say that homosexuality is acceptable as long as there is no intercourse only proves how the Church treats the LGBT as an anomalous condition. Like a cold that will go away after sometime. A disease that will eventually be cured as long as you religiously take medication. It treats homosexuals as a spectacle. As a condition for acceptance, the Church had to dehumanize the LGBT into sexless individuals. In the end, the only tolerable form of romantic involvement is still heterosexual.

This case was just on top of the homophobia (I am uncomfortable with using the term) that spilled all over the past week. A European Languages major walked into the Collegian office one afternoon to pitch in a story of gender discrimination. She’s a transgender and was careful in correcting her classmates whenever they address her using male pronouns.

Her professor suddenly asked her to sit down for a talk. Thinking it was just an academic matter, she was caught off-guard with the professor’s sentiments on her gender. “I am a Christian, and this is against my religious beliefs,” the professor reportedly said to her, as if she totally forgot that she was teaching in a non-sectarian university that espouses academic freedom and claims to be a bastion of democratic rights. Insisting to misgender a student for her own religious freedom. 

Read the rest of the article here.

 

Transphobia and Inappropriate Blog Titles.

It has come apparent to the organization that there are individuals from the UP College of Arts and Letters who were offended by the title of a recent blog post which documented another act of discrimination that occurred in the said college. This second incident of discrimination happened prior to Hender Gercio’s case at the UP-CAL Department of European Languages. The blog post entitled “Why is the UP College of Arts and Letters so Homophobic?” elicited reactions from individuals stating that the blog title was inappropriate.

We apologize for the inappropriate title of that post if it offended you.

Transphobia in the form of disregarding titles and pronouns that reflect the gender identity of the person is just like using inappropriate blog titles. It is offensive. Transphobia, just like using inappropriate blog titles, is unjust. Transphobia, just like using inappropriate blog titles, creates an environment where individuals that comprise any institution, are deprived of the humane treatment.

We at UP Babaylan admire the individuals who had the courage to raise their voices. We admire you for being quick on your feet when it comes to correcting inappropriate blog titles. We also hope, that when it comes to raising voices and creating real solutions that provide social justice and uphold the equality of sexual orientation and gender identity in the UP College of Arts and Letters and in any other institution, that you also will commit the same fervor, passion and expediency.

Together, let us work towards a University that knows why inappropriate blog titles are wrong and unacceptable just as how inappropriate titles and pronouns are transphobic and unjust.

Woman Soul : a multimedia exhibit on transsexual women

"In the Alliance Française de Manille, there will be a multimedia exhibit on empowering transsexual women.

In the UP Diliman Department of European Languages, transgender people cannot even demand to be called using the pronouns that they prefer.

DEL boasts of having a more comprehensive program for future specialists in the French language.

But with gender sensitivity, mon Dieu, quel grand décalage!" - Hender Gercio

Click below to view Alliance Française de Manille Event page

Woman Soul : a multimedia exhibit on transsexual women

Click on thumbnail below to view large format.

Gender Quest

Understanding LGBT: Drafting Gender Sensitive School Policies

In light of the recent discrimination case one of our esteemed member is experiencing, UP Babaylan will further the advocacy for gender equality and social justice by initiating and organizing the first Roundtable Discussion on Gender Policies. The Round table discussion is organized to draft policies for the protection of sexual orientation and gender identity (SOGI) in UP. Hopefully, this policy will be adapted by other academic institutions. This is part of the ongoing campaign of UP Babaylan for advancing gender justice and promoting policies for sexual orientation and gender identity in the University, securing and creating a humane environment for learning. The discussion will also highlight issues and concepts concerning Lesbian, Gay, Bisexual and Transgender individuals.

We all are aware of the problem. Together, let us provide the real solution.

Title: “Understanding LGBT: Drafting Gender Sensitive School Policies”

Roundtable Discussion (March 11, 9-12nn, Claro M. Recto Hall)

--- TENTATIVE LIST OF PANELISTS ---

Below are the institutions and panelists that the organization will be inviting to the round table meeting.

o Babaylanes, Inc.

o Society of Transexuals of the Philippines - STRAP ( TG situationer)

o Dr. Neil Garcia (Sexual Orientation and Gender Identities [focusing on TG] from a socio-cultural perspective)

o Atty. Venir Cuyco (Sexual Orientation and Gender Identities [focusing on TG] from a legal perspective)

o Sir Eric Julian Manalastas (Sexual Orientation and Gender Identities [focusing on TG] from a psychological perspective)

o Diliman Gender Office (Existing Relevant University Policies on Sexual Orientation and Gender Identities [focusing on TG])

o Office of the Vice-Chancellor for Student Affairs

o Office of Counseling and Guidance

o Office of Anti-Sexual Harassment 

o Centre for Women’s Studies

o University Student Council

o Law Student Government Central Board

o UP Institute of Human Rights - Law Center

o Commission on Human Rights

o Commission on Higher Education

o  European Languages Department (Ma’am Nikki Del Corro)

o Hender Gercio

Babaylanes Inc. Executive Director Ramille Andag Live on GMA 7's State of the Nation with Jessica Soho

Babaylanes Inc. is the first and, so far, the only LGBT education initiative focusing on developing the capacities of young LGBTs in campuses and communities to enable them to organize effectively, raise the consciousness and awareness of LGBTs in their locality, and foster a sense of solidarity and community.

To know more please visit: http://www.babaylanes.org/

No Compromise For Human Rights by Benedict Bernabe

Below is a reply written by Benedict Bernabe to a note that Anne Lagamayo posted regarding the discrimination case at the College of Arts and Letters.

Feel free to comment and share your opinions. ANONYMOUS COMMENTS WILL NOT BE PUBLISHED.

------------------------------------------------

No Compromise For Human Rights

by Benedict Bernabe

“The State values the dignity of every human person and guarantees full respect for human rights.” - Section 10, Article II: Declaration of Principles and State Policies, 1987 Constitution of the Republic of the Philippines

Dear Anne,

First of all, I would like to commend you for the beautiful piece of literature that you wrote in reaction to the recent events that transpired between your classmate Ms Hender Gercio and your professor, Ms Nikki del Corro. I don’t know Hender personally, but I do know Nikki. We went to university together and although we are not close friends, we have shared some light-hearted moments together.

Compromise: such a beautiful word. It connotes consensus, agreement and unity.

In November 2010, 79 African and Arab countries overrode 70 dissenting countries and voted to remove “sexual orientation” from the list of discriminatory grounds of extrajudicial killings which the United Nations Resolution on Extrajudicial, Summary and Arbitrary Executions aims to address. Of course, sexual orientation is not the only ground and compromise would mean passing the Resolution without mention of sexual orientation. Many of these 79 countries that voted to remove sexual orientation cited religion as their cause. Additionally in many of these countries, homosexuality, whether perceived or manifested, is punishable by imprisonment, corporal punishment and in some countries by death.

When you made a reference to “pointing a gun at Ms del Corro’s” head, I appreciated the hyperbole. However, this is a reality for many lesbians, gays, bisexuals and transgender people in many countries all over the world. They are being killed on the grounds of the same biblical verses that Nikki cites. They are being killed because some, in the exercise of their religion, have taken it upon themselves to play God in the deserts of Sudan, in the steppes of Afghanistan, on the oilfields of Iran, and in the savannahs of Zambia, and annihilate the “sinners” because the world has created an enabling environment that compromises human rights.

Thankfully, a group of countries refused to compromise and restored “sexual orientation” in the resolution. Had we compromised, the UN would be compelled to turn a blind eye on extrajudicial executions based on sexual orientation.

Nikki might have been referring to Leviticus 20:13 when she said that the Bible says that homosexuality is a sin: "If a man lies with a male as he lies with a woman, both of them have committed an abomination. They shall surely be put to death. Their blood shall be upon them."

However, Leviticus 11:10-11 says that “But all in the seas or in the rivers that do not have fins and scales, all that move in the water or any living thing which is in the water, they are an abomination to you. They shall be an abomination to you; you shall not eat their flesh, but you shall regard their carcasses as an abomination.” This makes shellfish an abomination. What makes this abomination different from the one in Lev. 20:13? If it’s such an abomination, why are we not advocating for a ban on shellfish? Why are we being selective in the verses that we live by? Isn’t that prejudiced treatment? Isn’t that discrimination? Or, am I sounding like a Bible literalist? Effectively, this is the same literalism that people use to persecute lesbians, gays, bisexuals and transgender people in other parts of the world.

People like Hender, people like me, people like many of my friends, your friends, many of your professors, people like us have lived our entire lifetimes in compromise with the rest of society and in the end, we have compromised our own lives. So excuse us for not taking up your offer of an impasse. We have struggled to play roles according to the script that the norms of society have written for us. We have dressed up as girls deemed unacceptable, as men deemed incomplete, as persons unequal. And now, Hender asks for the dignity to be referred to as the woman that she rightfully is, she comes upon a wall saying that she may not be a woman in Nikki’s eyes because regarding her as such is contrary to her religious belief. Having a different stance on issues (such as the RH Bill, for example) on religious grounds is acceptable for me; but denying someone else’s person on such grounds, I cannot let that pass.

I’m appalled not just because it happened; I’m appalled because of all the places where it can happen, it happened in the University of the Philippines, a cradle of the human rights movement, on whose own blood-stained walls, students and professors fought to champion human rights. It is sad that inside those same walls, we call for an impasse, and we wait for the issue to die a natural death. The silence of the Department of European Languages on the issue is deafening.

An impasse is no worse than a compromise; a stalemate is the deathblow to human rights. Do we let human dignity bow down to religious beliefs?

There is no compromise for human rights. Not for the gay men in Iran sentenced to hang by the neck because loving another man is against the Quran, not for the lesbian women in Africa who will be stoned to death because it is an abomination to lie lovingly beside another woman, not for the transgender women who are refused their identity because to do so is against the religious beliefs of some.

With much respect,

Benedict Bernabe
Bachelor of Arts in European Languages '06

P.S.

In a landmark ruling in 2006, the Supreme Court of the Philippines upheld freedom of religion when it “freed from administrative liability a married court employee who co-habited with an equally married person – a practice disallowed by some religions and sanctioned by the government.” (http://www.mb.com.ph/node/80573)

However, in the same ruling, the high court said that “we must emphasize that the adoption of the benevolent neutrality-accommodation approach does not mean that the court ought to grant exemptions every time a free exercise claim comes before it.”

In essence, although the Supreme Court upholds the free exercise of religion, it does not deem it as absolute and the judiciary looks at each claim through the lens of benevolent neutrality – which considers the sincerity of the religious belief. The court also points out that “the interest of the State should also be afforded utmost protection.”

As our Constitution itself states, the State values the dignity of every human person and guarantees full respect for human rights. I believe that dignity includes being referred to the gender by which you identify and the State guarantee of full respect covers the acts of its own actors – those who are under the employ of the State including civil servants and professors in State-funded universities such as our dear Alma Mater.

In the case between my contemporary Nikki and your classmate Hender, arguments in favor of Nikki invoke her claim to the free exercise of her religion. In your note, you have put this as equal and opposite to Hender’s claim to her right to be recognized according to the gender by which she identifies, hence the stalemate, hence the impasse.

However I beg to disagree and jurisprudence seems to be on my side. I believe that human dignity and human rights is universal as evidenced by the international treaties and declarations that our country has signed in recognition of such. Nikki’s freedom to exercise her religion is not absolute, in the sense that she may exercise it if it does not infringe on the interests of the State. Since it is in the interest of the State to guarantee fully the respect for the dignity and the human rights of every citizen, regardless of age, race or gender, Nikki cannot invoke her freedom of religion in this regard, more so since she is a State actor herself, representing the State as a professor of a State-funded university.

Additionally, since we are putting up Hender’s right to recognition and Nikki’s right to exercise her religion, the Supreme Court decision adds that “in the interpretation of a document, such as the Bill of Rights, designed to protect the minority from the majority, the question of which perspective is appropriate would seem easy to answer.” I believe the statement argues in favor of the interpretation of rights in favor or Hender, a gender minority.

References:
Resolution on Extrajudicial, Arbitrary and Summary Executions
(http://www.ishr.ch/component/docman/doc_download/1075-extrajudicial-execution-resolution-ga-65-l29-rev1)
UN restores gay clause to killings resolution
(http://www.bbc.co.uk/news/world-us-canada-12056608)
GA Third Committee deletes 'sexual orientation' from resolution on extrajudicial executions
(http://www.ishr.ch/general-assembly/957-ga-third-committee-takes-backward-step-on-sexual-orientation-in-relation-to-extrajudicial-executions)
Estrada v. Escritor
(http://sc.judiciary.gov.ph/jurisprudence/2006/june2006/A.M.%20No.%20P-02-1651.htm)