Discrimination on the basis of sexual orientation and gender identity

Discrimination on the basis of sexual orientation and gender identity

 

Council of Europe, 29th April 2010 (edited version)

 

 

It is often the case in life that people with the best of intentions start out to do good things, but end up doing things that are rather harmful. I think we can say that this applies to some extent to this report.

 

Because all should be clear that our member states should seek to work together, and independently, to combat any kind of cruel, degrading or humiliating treatment of persons on the basis of their perceived, declared or actual sexual orientation.

 

But what we find on this issue is in fact a clash of rights. Those who rightly favour rights for persons who are attracted to persons of the same sex, or people who feel they are of a different gender to that they were born with, want to eliminate all discrimination. But discrimination, to be unjust and intolerable, must lack any reasonable or objective basis. There is a right, which I fear the Rapporteur and committee have lost sight of, which is the right of people to have differing moral views about relationships between people of the same sex.

 

It is an irony of this debate that Mr Gross bases his argument on the notion that you don’t choose your sexual orientation, but the championing of the rights of persons described as transgender is based on the notion that people can, may, and feel they must choose away from the gender they were born with.

 

It may well be the case that people don’t choose their sexual orientation, although that may not be case in every situation, or at least we may say that a person’s sexual orientation or preference is not always a fixed issue. But regardless of the provenance of same sex attraction, it remains the case that there are different moral views around same sex relationships and this diversity must be respected.

 

My amendments seek to promote a harmony, rather than a clash. People who disagree for religious or ethical reasons with same-sex relationships do not and in my belief should not disapprove of people with same sex attraction. I would hope that we all work for a society where everybody is loved and everybody’s dignity is equally respected. They will be committed allies in the fight against any unjust treatment. But they must also be respected in their right to express, promote and further their moral and ethical views.

 

Europe must not become a cold house for freedom of conscience.

 

Nor should we use emotional blackmail in this debate. ‘Hit me now with the child in my arms’ is a phrase well known in Ireland. It is wrong to make unfounded links between all conservative attitudes and laws around homosexuality and transgender issue, and rates of suicidality. This is anti-intellectual and heavy-handed and – dare I say – driven more by ideology than rationality. My amendments reflect this concern.

 

I would ask colleagues to support my amendments which seek to work against unjust discrimination, but to create a more inclusive debate where people are not demonized for daring to differ with the prevailing majority, and where freedom of conscience and freedom of expression is cherished and facilitated in our member states.