Brazilian Bill Would Jail Priests and Pastors Who Oppose Homosexuality

Brazil's gay couple kiss in Goiânia's Gay Pride Parade Legislation under consideration by the Brazilian Senate that would make any public expression of opposition to homosexuality a crime poses a serious threat to religious freedom in the country, a legal expert warned earlier this week.

Bill 122/2006 would change federal anti-discrimination laws, the Brazilian Penal Code and the Consolidation of Labor Laws to make "discrimination or prejudice of gender, sex, sexual orientation and gender identity" a criminal offence. Conviction would result in prison sentences of between two and five years.

Dr. Zenóbio Fonseca, a juridical consultant and college professor, said Christians would be particularly vulnerable to conviction and jail sentencing for teaching against homosexuality, as the legislation would affect "any individual or group – including churches – that doesn't accept homosexual behavior or sexual orientation as an acceptable practice or social pattern in any public or private place."

Dr. Fonseca cited articles 8º-A and 8º-B of the bill, which would penalize any attempt to restrict homosexual expression:

"Article 8-A: To hinder or restrict the expression and the manifestation of affection in public or private places open to all people, because of characteristics foreseen in the 1st article of this Law: Penalty: between 2 (two) and 5 (five) years of incarceration".

"Article 8-B: To forbid the free expression and manifestation of affection of a homosexual, bisexual or transgender citizen, when these expressions and manifestations are allowed to other citizens: Penalty: between 2 (two) and 5 (five) years of incarceration".

While some have argued that religious freedom would be protected under the Brazilian Constitutional guarantee of freedom of faith, religion and worship, Dr. Fonseca pointed out that the legislation would establish sexual orientation as a universal human principle under the Constitution.

"This is so true that, when addressing the subject, some Brazilian courts have already been basing their decisions under that new view, that is, they have been addressing the subject as a principle of human dignity and equality," Dr. Fonseca wrote.

In addition, he said, "There are amendment bills to the Constitution under consideration in several States and the Chamber of Deputies, introducing the term sexual orientation as a principle expressed in the constitutional chapter of the fundamental principles."

Even if churches would be excused from the legislation's effects, individual Christians would be affected when, "in living and defending Christian values, the daily practice of their faith conflicts with homosexuality."

"That is the worst threat of the bill," Dr. Fonseca stated, "because it will hit any Christian expressing a view contrary to the free expression of the sexual orientation ideology and its values, that have been institutionalized as government programs, in the politics favorable to the GLBT population, in the federal program Brazil Without Homophobia, through the Ministry of the Culture, Education, Health and National Secretary of Human Rights."
The bill under consideration passed the House of Representatives in November 2006, but Senate members refused last week to vote on the proposal, opting instead to form a work group that will organize public hearings from specialists on the issue, according to a Zenit News Agency report.

Brazil authored a resolution presented to the Organization of the American States last fall that introduced sexual orientation as a universal principle of the dignity of the human person. Brazilian diplomats have been pushing for the adoption of a similar resolution by the United Nations Human Rights Committee – in 2003 a proposal put forward by Brazil was defeated by a coalition of Muslim nations.

"We see that this parliamentarian proposal, currently under consideration in the Federal Senate, has been the primary goal of the entire homosexual movement in Brazil and other countries sympathetic to this issue," Dr. Fonseca said.

In related news, the Vatican Press Office announced March 16 that Pope Benedict XVI would visit Brazil for the Fifth General Conference of the Episcopate of Latin America and the Caribbean, May 9 to 14 in the city of Aparecida. The Holy Father will also visit the archdioceses of Sao Paulo and Aparecida.

This article was originally published in LifeSite –


  • Show Comments (15)

  • Subutai

    Actually the brazilians sort of stand in the middle way with this one what with their pervasive attitiude towards fucking their women in the ass. Most of them anyway. There is nothing wrong with homosexuality except that it is not normal human sexual behavior and it is interesting that animals which are on a lower scale of evolution than us do not engage in this type of behavior.
    Since the fags want us to go against our natural instincts and legislate their unnatural behavior then I propose the same type of legislation for fat people.,tall people,cripples,midgets,men with one arm,women with one leg,bums,beggers,drug addicts and such.

  • Charlie Feather

    Secular hypocrisy
    The Brazilian legislative proposal does something more than simply promote non-discrimination; it removes the question of the morality of homosexuality, and in principle other moral questions as well, from any public debate, having decided, apparently, once and for all that it is, in fact, not immoral. The irony here is that one system of morality, the “secular” one, which isn’t really, and which paradoxically establishes the doctrine of “intolerance as intolerable”, is permitted absolute public expression and primacy, whereas, competing points of view on questions of morality are to be kept private in people’s minds!! and allowed no public expression!

    The hypocrisy is glaring. The situation is scary!

    Why shouldn’t secular moral values equally be kept private as well?? Or other points of view permitted free public expression? Why the double standard? What is the point of having a point of view on questions of society if it is to remain private in one’s mind only and cannot be freely express or advocated?

    And, who will be charged with determining the acceptable public point of view? This underlines the fact the morality and the law are inseparable; that the the separation of church À¢€” that is, moral systems À¢€” and state is an unworkable myth. Imposing a secular moral system is still to impose a moral system, and the fact that it is secular changes nothing. Whether it is Sharia Law, Judeo-Christian morals or “secular morals”, the result is the same.

    But has secularism proved its moral superiority? I think not if the recent experiences with secular systems as was communism is any indication.

    Are all societies, then, eventually destined to become dictatorships? This is scary and recalls the worst periods of the Soviet Empire, except that, rather than having communist ideologues determine what is acceptable to the citizenry, it will be homosexual ideologues and their sympathizers in national legislatures!!

    It may be time for another revolution against the forces of oppression.

  • Charlie Feather

    Promoting danderous lifestyles
    Homosexuality in and of itself may theoretically do harm to no one, as any particular sexual practice may do no harm, also. But the gap between theory and reality is vast.

    No action or behavior exists in isolation. They create, exist and perpetuate a particular social climate.

    Homosexuality might be compared to drug use, and a similar question so often posed by gay rights advocates might also be asked by drug users: How does some one minding his own business and shooting heroin or snorting coke affect your personal life and happiness? Well, it shouldn’t.

    But that is theory.

    In real life we know that drug use creates and perpetuates an undesirable and dangerous social climate. The same can be said of homosexual activity. We know from real life experience that it creates and perpetuates a social climate that glorifies self-centeredness, hedonistic pleasures, the spread of diseases, social instability and so forth, the so-called “gay lifestyle.”

    If society had to choose between social preferences that focus on children, monogamy and stable family relationships, and ones that focus on individualistic, promiscuous, hedonistic pleasures and one-night stands, what should be that preference be?

    I think we all know.

    The problem with homosexuality is not so much the isolated act, but the entire social climate created and perpetuated by the selfish pursuit and glorification of carnal pleasures. It is no different from the same problem that any life of immorality would create.

    No society has survived such a philosophy and way of life.

  • Becktemba

    Those who “hate” love to use the word “hate” to describe others
    I’d beg to differ from those who’d say that Christians “hate” homosexuals. I’d bet most Christians show more care and respect to homosexuals than any other group. Folks have things confused when they think that becuase you don’t agree with them that they “hate” you. I think thats why most teenagers thinks that thier parents “hate” them. The real question here is how do you live with a nieghbor who you have a genuine and fundamental difference with? This question is much broader than the single issue of homosexuality. I bet the answer to tha question isn’t to pass laws that prohibit others from expressing thier true opinions.

  • Becktemba

    No Acceptance through the Law
    If Homosexuality was “natural” you wouldn’t need to pass laws to protect those that claim to have sex with the same gender.

  • João da Silva

    Sorry,old chap.I meant to say that your English is Crass and COARSE. I bet you understood what I wanted to say.

  • João da Silva

    To: Ch.c.
    Start speaking QueenÀ‚´s English. For a Swiss, your English is very crass and course.If you dont brush up your English, I will ask my beloved friends AES,A Brazilian,Costinha,Ric ,etc; to give you a course about writing and talking prim and proper English.

    You seem to be another whiner.BTW, do you guys have any plan to bring back Swiss Air?

    Haben se verstanden?

  • GS

    And before I forget…

    Moms Raising Children Without a Husband

    – In 1998, a ratio of more than 1 in 5 never-married women ages 15 to 44
    were mothers.

    – In Mississippi, 46 percent of births in 1997 were to unmarried women
    the highest rate of any state in the nation. Utah, at 17 percent, had
    the lowest rate. The national average was 32 percent.

    – The number of single mothers in the United States 9.8 million in 1998
    has not changed since 1995 after nearly tripling over the previous
    quarter century. Last year, single mothers comprised about five-sixths
    of all single parents. They constituted 26 percent of all parent-child
    families in 1998, up from 12 percent in 1970.

    – A ratio of 1 in 5 single mothers was raising three or more of their own
    children in 1998.

    – Most single mothers (7.7 million or 78 percent) maintained their own
    household in 1998. The remainder lived in the home of either a relative
    or a nonrelative. The majority of single mothers who maintained their
    own household (69 percent) did not have another adult in the home to
    help them out.

    – In 1998, 42 percent of single mothers had never married.

  • GS

    it all boils down to furniture manufacturers. You see? We make our closets smaller than yours. 😉

  • bo

    Brazil is Chock Full O Fags…
    Would have to guess it has the most gays in the world. I’ve never seen so many, in every nook and cranny of brazil. Don’t know what it is, something in the water? Or very possibly, MANY men here just get women pregnant and leave, take no repsonsibility for raising their children, leaving them with the mother to be father and mother. Many here have NO male role model in their lives.

  • observer

    You all are getting a LITTLE too worked up about this…
    First of all, this is a very poorly conceived and executed article. It based its entire critique of this law on the wildly overstated conclusions drawn by “a legal expert”? Was it that hard to find out the opinions of, say, TWO legal experts on the subject, or perhaps hear from one of the people supporting the law as to why they supported it? If the author isn’t interested in offering objective journalist, then he should call this article for what it is: an editorial.

    As far as the absurd fears that people seem to be expressing of the threat of mass arrest arrest and incarceration of innocent Christian martyrs by the evil Roman… I mean, Brazilian.. government, this is nothing more than self-righteous fantasy.

    Let me offer one example of why this will never come to pass. Consider the fact that Brazil has had laws for years making expressions of racism a criminal offense with violators subject to prison sentences identical to this law. Now, consider that in the decades since this law has existed the fact that not a single person has yet to be convicted of this law.

    Is it because racism no longer exists in Brazil? Hardly. Prejudice and hatred of minorities of all kinds is alive and well in Brazil as much everywhere else in the world, as beautifully illustrated by the thoughtful gentleman who seems to think the “Homosexuals” are on the verge of taking over Brasilia (will the be invading in rainbow-colored tanks, I wonder?) The real reason is no Brazilian judge in his or her right mind has wanted to waste precious judicial resources on enforcing such a law when the Brazilian justice system struggles just to deal with just the violent criminals.

    This law, if passed, will end up EXACTLY like the law making racism a crime: as one of the many laws that exists on paper but is never enforced. At most, it might serve as a sort of aspirational statement of the desire of progressive Brazilians to eliminate the stench of homophobia that remains pervasive in Brazilian society — as amply evidenced by the comments on this page.

    In the meantime, I think all the self-proclaimed “Christians” who wish to continue to reject and ostracize their gay fellow Brazilians “in public and private” (as the “legal expert” so elegantly phrased it) should rest easy knowing they will be able to continue to hate whomever they want as long as they want. Although I personally would suggest that they consider redirecting their energy to that little commandment by a person they claim to respect to “love thy neighbor as thyself.”

    Just a suggestion.

  • conceicao

    Isn’t this really about stopping the evangelical movement and the threat its self-help philosophy poses to the existing political order ? The next step would probably be outlawing criticism of

  • Becktemba

    Homosexuality a threat to Society
    Imagine that you say somthing that opposes Homosexuality as a natural affection and you could go to Jail. Forget about 4,000 years of human history where in just about every culture and society Homosexuality has been seen as an unnatural sexual expression. I believe Homosexuality poses a threat to all healthy societies as the focus turns away from the basic unit of society which is the family. Father, Mother, Children. In my opinion Homosexuals will continue to demand more an more rights that are in direct conflict with the family and morality within its culture. Imaginethe confusion when your kids are being hit on from both males and females because its now deemed and “acceptable” and “natural” thing. The homosexual agenda is morally corrupt and just think if that bill passes they’d want to put me in jail for having a moral code that is in line with the natural functions of our bodies. You folks in Brazil need to fight this. The Homosexuals just about have Brasilia conquered. I’ll be praying that this does not get any further.

  • aes

    The word homophobia was rarely used early in the twentieth century to mean “fear or hatred of the male sex or humankind.” In this use, the word derived from the Latin root homo (Latin, “man” or “human
    The National Association for Research & Therapy of Homosexuality, describes the term homophobia as being “often used inaccurately to describe any person who objects to homosexual behavior on either moral, psychological or medical grounds.” They claim that, “Technically, however, the terms actually denotes a person who has a phobia–or irrational fear–of homosexuality. Principled disagreement, therefore, cannot be labeled ‘homophobia.

  • ch.c.

    ….in a free speech country !

    Next legislation bill will jail those who have been robbed or assaulted if the victim goes to police !
    They will also legislate that media can neither publish the details on the politicians corruptions nor criticize them !
    It must be kept confidential that nothing will happen anyway to the guilty.

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