Church Against Government’s Protection of Sexual Minorities

Once again the religious community of Ukraine objects to "the propagation of a tolerant and even approving attitude toward same-sex sexual relations, which is being done under the guise of fighting for human rights and democracy." This is the reaction of the hierarchy of the churches and Ukrainian believers toward the government’s bill No. 2342, from February 19, 2013, the Institute for Religious Freedom reports.

In particular, the Cabinet of Ministers proposes to add a provision to Article 2.1 of the Labor Code of Ukraine for guaranteeing equal employment rights for all citizens, regardless of their sexual orientation. This would be the first time that the term would be used in the legislation of Ukraine.

Amendments to Article 60 of the Civil Procedural Code of Ukraine would introduce the principle of culpability of the defendant regarding evidence of possible discrimination set forth in the lawsuit, and its obligation to prove otherwise in court.

Furthermore, lawsuits regarding discrimination could be filed against the church as a religious association as well as against priests. This is due to the fact that the Law of Ukraine "On Preventing and Combating Discrimination in Ukraine" has extended the interpretation of discrimination (Article 1). At the same time, the law applies to all entities and individuals who are on the territory of Ukraine (Article 4).

Finally, according to the revised law, persons guilty of violating the legislation on preventing and combating discrimination would bear civil, administrative, and criminal responsibility (Article 16).

"The fact is that without such a law that prohibits discrimination against gay people, we cannot move closer to establishing a visa-free regime. Therefore, I think that the will to further integrate with the EU will outweigh the resistance, and the law will pass," the head of Ministry of Foreign Affairs of Ukraine Leonid Kozhara said in an interview to the Polish newspaper Gazeta Wyborcza.

However, the initiative of the Cabinet of Ministers raised concerns of many believers, churches, religious organizations, and civic organizations for preserving the family. The clerics are concerned that the legislative changes are aimed at protecting sexual minorities to the extent that citizens who speak publically in favor of the traditional family can be prosecuted.

“The church does not accept the introduction of certain laws that would establish as a basic human right that which is against human nature and defined by God as a grave sin, in particular, laws promoting same-sex relationships by recognizing rights for marriage, declaring such relations as completely normal, fostering in the society positive attitudes toward them and imposing restrictions and penalties for criticizing immoral lifestyles," said the Holy Synod of the Ukrainian Orthodox Church, which took place on March 8.

Last week, an alternative bill No. 2342-1 was introduced to the parliament by the representative of the President of Ukraine in the Verkhovna Rada Yuriy Myroshnychenko (Party of Regions) and deputy Oleksandr Myrnyi (Svoboda). Its position, however, while not containing threats to the freedom of religion, introduces to the legislation the term "sexual orientation," which could create grounds for its further use in lawmaking.

Chairman of the Ukrainian movement For the Family Pavlo Unhurian said: "All these legislative initiatives pose an extraordinary threat to traditional family values ​​and can destroy the Ukrainian family and moral foundations of our society."

It is worth noting that in European Union countries there have been cases where the rights of believers to express religious views on issues of homosexuality have been restricted on the grounds of stopping discrimination.

The IRS has cited as an example the case of Bishop Dale MacAlpine, a Baptist evangelist from Britain, who was arrested after his public statement that homosexuality is a sinful phenomenon. The authorities acted on the basis of the rules on liability for "harassment, disturbance, or causing mental suffering."

In July 2010, the Ministry of Industry of Spain fined the Spanish Catholic media group Intereconomia 100,000 euros for broadcasting commercials defending the traditional family.

In addition, under а Swedish law against inciting hatred well-known pastor in Sweden Ake Green was convicted and sentenced to one month in prison after he publicly condemned homosexuality in his sermon. Despite the fact that ultimately the Court of Appeal acquitted Pastor Green, European human rights activists highlight the existing threat to journalists, pastors, and priests of being prosecuted for spreading the gospel in Europe.

We remind that in the Declaration of the Heads of Ukrainian denominations, signed by 19 members of the All-Ukrainian Council of Churches and Religious Organizations, among other things, it was stated: "We stand firmly against the legal establishment in our state of same-sex marriages or registered same-sex partnerships, against the promotion of same-sex sexuality."