Fr. Joaquin G. Bernas, S.J., J.S.D. is a Jesuit and is Dean Emeritus of Ateneo Law School in Makati City, Philippines. He was a member of the 1986 Constitutional Commission which drafted the present Philippine Constitution. Bernas is a renowned expert in the Philippine Constitution and a prolific author of law books and articles. (wikipedia)
Following article is taken from: Inquirer-Opinion: My stand on the RH Bill
I HAVE been following the debates on the RH Bill not just in the recent House sessions but practically since its start. In the process, because of what I have said and written (where I have not joined the attack dogs against the RH Bill), I have been called a Judas by a high-ranking cleric, I am considered a heretic in a wealthy barangay where some members have urged that I should leave the Church (which is insane), and one of those who regularly hears my Mass in the Ateneo Chapel in Rockwell came to me disturbed by my position. I feel therefore that I owe some explanation to those who listen to me or read my writings.
First, let me start by saying that I adhere to the teaching of the Church on artificial contraception even if I am aware that the teaching on the subject is not considered infallible doctrine by those who know more theology than I do. Moreover, I am still considered a Catholic and Jesuit in good standing by my superiors, critics notwithstanding!
Second (very important for me as a student of the Constitution and of church-state relations), I am very much aware of the fact that we live in a pluralist society where various religious groups have differing beliefs about the morality of artificial contraception. But freedom of religion means more than just the freedom to believe. It also means the freedom to act or not to act according to what one believes. Hence, the state should not prevent people from practicing responsible parenthood according to their religious belief nor may churchmen compel President Aquino, by whatever means, to prevent people from acting according to their religious belief. As the “Compendium on the Social Teaching of the Catholic Church” says, “Because of its historical and cultural ties to a nation, a religious community might be given special recognition on the part of the State. Such recognition must in no way create discrimination within the civil or social order for other religious groups” and “Those responsible for government are required to interpret the common good of their country not only according to the guidelines of the majority but also according to the effective good of all the members of the community, including the minority.”
Third, I am dismayed by preachers telling parishioners that support for the RH Bill ipso facto is a serious sin or merits excommunication! I find this to be irresponsible.
Fourth, I have never held that the RH Bill is perfect. But if we have to have an RH law, I intend to contribute to its improvement as much as I can. Because of this, I and a number of my colleagues have offered ways of improving it and specifying areas that can be the subject of intelligent discussion. (Yes, there are intelligent people in our country.) For that purpose we jointly prepared and I published in my column what we called “talking points” on the bill.
Fifth, specifically I advocate removal of the provision on mandatory sexual education in public schools without the consent of parents. (I assume that those who send their children to Catholic schools accept the program of Catholic schools on the subject.) My reason for requiring the consent of parents is, among others, the constitutional provision which recognizes the sanctity of the human family and “the natural and primary right of parents in the rearing of the youth for civic efficiency and the development of moral character.” (Article II, Section 12)
Sixth, I am pleased that the bill reiterates the prohibition of abortion as an assault against the right to life. Abortifacient pills and devices, if there are any in the market, should be banned by the Food and Drug Administration. But whether or not there are such is a question of scientific fact of which I am no judge.
Seventh, I hold that there already is abortion any time a fertilized ovum is expelled. The Constitution commands that the life of the unborn be protected “from conception.” For me this means that sacred life begins at fertilization and not at implantation.
Eighth, it has already been pointed out that the obligation of employers with regard to the sexual and reproductive health of employees is already dealt with in the Labor Code. If the provision needs improvement or nuancing, let it be done through an examination of the Labor Code provision.
Ninth, there are many valuable points in the bill’s Declaration of Policy and Guiding Principles which can serve the welfare of the nation and especially of poor women who cannot afford the cost of medical service. There are specific provisions which give substance to these good points. They should be saved.
Tenth, I hold that public money may be spent for the promotion of reproductive health in ways that do not violate the Constitution. Public money is neither Catholic, nor Protestant, nor Muslim or what have you and may be appropriated by Congress for the public good without violating the Constitution.
Eleventh, I leave the debate on population control to sociologists.
Finally, I am happy that the CBCP has disowned the self-destructive views of some clerics.
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