Voiding RH Law will destroy legal system
By Oscar Franklin Tan
1:29 am | Wednesday, February 5th, 2014
One cannot emphasize enough how voiding the Reproductive Health Act will destroy our legal system. So are we as a society willing to uphold our democratic institutions’ integrity regardless of individual views on the RH Law?
The petitions at the Supreme Court were long on ideology and short on legal right, and were blatant attempts to dragoon unelected judges into overturning a law produced by democratic compromise. They produced the spectacle of our high court entertaining vague allusions of a decadent Western culture where 12-year-olds have multiple sex partners. They violated every rule in the book, and granting them will open the door to bigger and bigger losers using law as a last, desperate veto against society.
One of my dearest friends is a devout Catholic doctor who sincerely believes that recommending contraceptives is a sin and would feel intimately violated if required by law to refer a patient to another doctor who might commit this sin. Law may question the sincerity but never the content of one’s religious beliefs, so my friend is legally entitled to feel the same way a Muslim would if legally required to eat pork and challenge a concrete regulation. I would likewise respect a narrow, purely legal case brought by a parent against specific sex education materials that he concretely alleges restrict his role in his children’s upbringing or a consumer making concrete scientific allegations that a drug is abortifacient.
What I cannot respect is how the anti-RH claims were so broad that they really refought the entire RH debate in the high court, this time without the people’s elected representatives. Chief Justice Maria Lourdes Sereno flatly said the only way for the petitioners to advance their claims is to get “people who think like you elected.” The not quite legal bases cited ranged from population statistics to the “foundational ideals and aspirations of the sovereign Filipino.” And the claims were so vague that Senior Associate Justice Antonio Carpio asked why petitioner Ma. Concepcion Noche was arguing at length whether life begins at conception or implantation when the RH Law prohibits drugs that prevent implantation, rendering her objections irrelevant.
The recording of the long, awkward silence that was her response may be downloaded from the high court’s website.
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